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Apple Posts Non-Apology To Samsung

We recently discussed news of a UK court ruling in which the judge decided Apple must publicly acknowledge that Samsung's Galaxy Tab did not infringe upon the iPad's design, both on the Apple website and in several publications. The acknowledgement has now been posted, and it's anything but apologetic. It states the court's ruling, helpfully referring to "Apple's registered design No. 000018607-0001," and quotes the judges words as an advertisement. The judge wrote, "The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool." They go on to mention German and U.S. cases which found in Apple's favor. Apple's statement concludes, "So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple's far more popular iPad."

413 comments

  1. The court didn't ask for an apology... by TWX · · Score: 4, Informative

    ..they required an acknowledgement of design differences. The danger for Apple is that such a public acknowledgement could spill over into other jurisdictions and affect suits there. Therefore, they've made it as highly specifically technical and narrow to their lawyers' interpretation of the judge's order as possible. Whether or not the court will agree is another matter, and if the court disagrees, how the judge feels about it could mean anything from tweaking the wording to being found in contempt.

    --
    Do not look into laser with remaining eye.
    1. Re:The court didn't ask for an apology... by bluefoxlucid · · Score: 1

      Yes well if Samsung asks the judge why in the hell he ordered Apple to give a prominent court endorsement about how much better and cooler the iPad is...

    2. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 4, Insightful

      No, they're been arseholes. You know it, I know it and the general public knows it.

      It doesn't matter how many apologists try to justify it on Slashdot, the simple fact is that Apple chose to take a mean-spirited approach.

    3. Re:The court didn't ask for an apology... by TWX · · Score: 1

      If he lived, he could literally post the judge's own words about the coolness of Apple versus the lack of coolness of Samsung. He could cite that the court demonstrated that his products are the coolest around. And a lot of people would buy into that.

      --
      Do not look into laser with remaining eye.
    4. Re:The court didn't ask for an apology... by TWX · · Score: 5, Insightful

      I made no opinion or statement on their assholishness. In fact, I find the entire idea that someone can patent a touchescreen with some processing capability in a housing with a battery to be stupid. We have prior art in the form of fictional TV shows definitely showing this stuff to us in the eighties (IE, Star Trek:TNG's "PADD") and we had a series of convertible tablet PCs in the late nineties and early naughties that had similar functionality with albeit heftier components. I don't look on the iPad as anything more than one of many incrementally evolutionary devices in a series of ever-improving handhelds.

      If I were the judge, I would have found that Samsung did not infringe on Apple because of prior art, not because of any subjective view like what's considered cool.

      --
      Do not look into laser with remaining eye.
    5. Re:The court didn't ask for an apology... by poetmatt · · Score: 2

      They didn't make it narrow or specifically technical at all. At what point does "we concocted a giant story discussing the matter and other issues" as opposed to just stating "Samsung did not copy Apple" sound like an even remotely narrow interpretation? This isn't following the spirit or the letter of the law.

    6. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 1, Insightful

      Apple chose to take a mean-spirited approach.

      How so? Apple stated all the reference details of the case, including a URL, and quoted the judges exact words. Are you saying the judge was mean-spirited in his assessment? Or do you take exception to Apple pointing out that that other courts around the world took a different view on the matter?

    7. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0, Insightful

      No, they're been arseholes. You know it, I know it and the general public knows it.

      It doesn't matter how many apologists try to justify it on Slashdot, the simple fact is that Apple chose to take a mean-spirited approach.

      All schadenfreude aside, requiring Apple to apologize is strange to put it mildly. Is this the new the norm in UK courts? The party who loses a civil lawsuit must publicly apologize to the other party? How will that work for the rest of us? Will we be required to stamp the apology to our foreheads? Will there be a standard text: "I poor misguided sap dared to sue <insert name of other party> so the judge ordered me to humiliate myself for six months by wearing this text stamped to my forehead to teach me a lesson about seeking redress through the courts." ??

    8. Re:The court didn't ask for an apology... by Anubis+IV · · Score: 0

      I'm sorry, what? "Mean-spirited"? This is a public statement acknowledging non-infringement which they are being forced to make that we're talking about. You do realize the two companies have been locked in billion-dollar legal battles around the globe for the last few years and that the only reason Apple posted anything at all was because they were required to by the court. Of course they're going to post something like this. The court likely had the foresight to expect exactly this sort of thing, since it's used to dealing with groups who aren't exactly on friendly terms with one another. Lawsuits bring out the worst in everyone.

      So, yeah, they're not being nice. But I'm fairly certain no one, including the court, expected them to be nice about it, nor do I recall hearing the judge telling them they needed to be nice in their public acknowledgement. While it's clearly not in the desired spirit, everything the notice says is factual, and it does comply with the ruling.

    9. Re:The court didn't ask for an apology... by stevew · · Score: 4, Funny

      Maybe it isn't such a bad idea? If individuals had to publicly humiliate themselves for bringing false and expensive lawsuits, maybe there would be fewer of them. But then - I've always thought we should bring back the racks!

      --
      Have you compiled your kernel today??
    10. Re:The court didn't ask for an apology... by bfandreas · · Score: 5, Insightful

      ...and while Samsung and Apple duke it out in court, Asus has quietly perfected its Transformer line to a point where I say that tablets will in the near future replace desktop PCs.

      The sole reason for a beefy PC for me is intensive gaming or intensive software development. I find myself more often not taking my laptop with me on business trips and only bring my Prime. Now they threaten to sell a similar machine with an i7, Win 8(which may or may not suck) and 3 slightly bigger screens. And even if I refuse to go down the Win8 route: the form factor of the Transformers is so perfect that neither Apple or Samsung have anything in store that even remotely interests me.

      The sheer brilliance of having a second battery in the detachable keyboard alone is worth the price. Not needing a protective cover for the screen since the keyboard protects it is clever. Using the keyboard to offer a second data storage is commendable. Having fully featured USB/HDMI ports on the keyboard is useful. It's like carrying your docking station around with you.

      Pity about the GPS, tho. And Android web browsers still suck. Responsiveness is at times sluggish. And it can become awfully warm(not hot). And it has the worst case of Bluetooth lag I have ever encountered. Try watching a movie with Bluetooth headphones and sound and movie will never be in synch. It also is mono. And it is not beefy enough to run the first Dungeon Keeper in Dosbox at a playable frame rate(I could possibly tweak it a bit, tho).

      I forsee that Asus will be heavily copied.

      --
      20 minutes into the future
    11. Re:The court didn't ask for an apology... by crazyjj · · Score: 2, Funny

      Reincarnated as a plankton most likely.

      With his karma? He wishes! It'll be a while before he gets back into the food chain again. Right now, he's a herpes sore on Courtney Love.

      --
      What political party do you join when you don't like Bible-thumpers *or* hippies?
    12. Re:The court didn't ask for an apology... by mark-t · · Score: 5, Informative

      Actually, they do not actually acknowledge non-infringement at all. All they acknowledge is the court decision that Samsung did not infringe. This so-called apology is merely a recitation of the fact that the court had concluded the things that they did. They do not even hint at acknowledging that this decision was in any way, shape, or form, a genuine assessment of reality.

    13. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Who ever said that competitors need to be nice to each other? Its called competition, if you don't like the benefits that competition brings then maybe you should move to North Korea.

    14. Re:The court didn't ask for an apology... by lxs · · Score: 4, Interesting

      What is wrong with apologizing to the wronged party? This is how disputes are resolved in a civilized society. Do you think that a huge fine for slandering their opponent would be a more appropriate response?

    15. Re:The court didn't ask for an apology... by RaceProUK · · Score: 1

      but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool.

      --
      No colour or religion ever stopped the bullet from a gun
    16. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      A high-profile case like this amounts to a public accusation that could hurt the image of the defender even if the case is meritless.
      If you tried to sue your neighbour for being a child murdering, fence-licking bastard, then yes, you too could be forced to issue a public apology.

    17. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Mean was suing in the first place. This "we lost but you're still the losers" rhetoric is petulant, passive-aggressive, and douchy.

      But hey, this is Apple, when have they been anything but?

    18. Re:The court didn't ask for an apology... by TheGratefulNet · · Score: 1

      idea for a punishment: two men encounter each other, one wearing a chicken suit. one wrongs the other and a chase/fight scene ensues.

      apple exec staff to choose who plays the role of the chicken.

      this would be filmed and presented on the apple website in .wma format.

      --

      --
      "It is now safe to switch off your computer."
    19. Re:The court didn't ask for an apology... by strength_of_10_men · · Score: 2, Insightful

      This sort of "apology" is the sort of thing I expect from a petulant child and should be corrected swiftly and definitively.

      Didn't the court actually instruct Apple exactly what it should write? Why not just write the notice for Apple and have them post it on their website instead of leaving it up to Apple's lawyers to set the wording?

      However, I still had to LOL after reading it. Apple really has balls as big as its war chest. Bravo, Apple, bravo.

    20. Re:The court didn't ask for an apology... by tepples · · Score: 1

      The sole reason for a beefy PC for me is intensive gaming or intensive software development.

      I agree, which is why I've found myself getting a lot of use out of a 7" tablet from the maker of the Transformer. But other people have their own reasons to own a PC: intensive photo or video editing, intensive creation of 3D modeled scenes, gaming in genres not amenable to a touch screen even if not intensive, etc. For software development that isn't so intensive, such as playing around with an algorithm while commuting to or from work on a bus, what was your impression of the available tools such as SL4A and AIDE?

      And it is not beefy enough to run the first Dungeon Keeper in Dosbox at a playable frame rate

      That's EA's fault for not putting decade-and-a-half-old products under a license allowing the community to make its own source ports.

    21. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      This "we lost but you're still the losers" rhetoric is petulant, passive-aggressive, and douchy.

      Exactly right. They should follow Samsung's example in the California case and accept the decision graciously. What douches.

    22. Re:The court didn't ask for an apology... by Custard+Horse · · Score: 1
      Publicity orders are reasonably common where companies are concerned. I can't see the harm in it myself as it tries to keep faceless companies 'in check' as their public persona is the only real currency that can be taken away from them.

      Bearing in mind how much Apple has in the bank, a fine of a couple of million is spare change so a small public humiliation is more fitting. It's not like they are exhuming Steve Jobs and putting him on a stick on Tower Bridge are they?

    23. Re:The court didn't ask for an apology... by Reschekle · · Score: 2

      You seem to have a different definition of acknowledgement. They mention clearly that the court ruled as such. I would say that is a pretty clear acknowledgement.

      What you're wanting is for Apple to say and admit they were wrong; in other words you're wanting submission. That's a matter of opinion. In the legal world, yeah, Apple lost, but in the hearts and minds of the people running Apple, the courts were wrong and no order or ruling will change how they feel about that. If the court really ordered that (which they did not), how would you enforce that? You would basically be ordering Apple to lie about their own feelings and then you would be ordering them either forever or for some length of time to never contradict those statements.

    24. Re:The court didn't ask for an apology... by Anubis+IV · · Score: 5, Informative

      All they acknowledge is the court decision that Samsung did not infringe.

      ...which is all that they were required to do according to the ruling.

      To quote directly from the actual ruling, here's what Apple was required to do:

      (4) Within seven days of the date of this Order the Defendant shall, at its own expense, (a) post in a font size no small than Arial 14 pt the notice specified in Schedule 1 to this Order on the home pages of its EU websites ("the Defendant's Websites"), as specified in Schedule 1 to this order, together with a hyperlink to the judgment of HHJ Birss QC dated 09 July 2012, said notice and hyperlink to remain displayed on the Defendant's Websites for a period of one year from the date of this Order or until further order of the Court

      [...]

      The following notice shall be posted and displayed upon the Defendant's Websites [...]

      "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design 000181607-0001. A copy of the full judgment of the High Court is available via the following link [insert hyperlink]."

      And then it says that the same thing needs to be posted in a lot of magazines. That's all that Apple was required to do, and near as I can tell, that sentence is the very first one in Apple public statement on their website. You've apparently bought into a fiction for what Apple was required to do as a result of this ruling. Granted, there was a lot of hyperbole swirling around after the ruling, so it's not surprising that people are incorrectly believing that apologies and statements like the ones you were expecting were required, but those expectations have no basis in reality.

    25. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Predatory corporate behaviour: http://www.bananasthemovie.com/

    26. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Actually, they do not actually acknowledge non-infringement at all. All they acknowledge is the court decision that Samsung did not infringe. This so-called apology is merely a recitation of the fact that the court had concluded the things that they did. They do not even hint at acknowledging that this decision was in any way, shape, or form, a genuine assessment of reality.

      And there is no need for them too. No where in the original order was the word "Apology". Even thought that's what slashdotters want and used as an article headline the first go around, it wasn't true then and isn't true now. They were ordered to publicize the trial verdict. They have done that.

    27. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Because it wasn't ever supposed to be an "apology". The court did tell them what to write, and that sentence (And the link) are what is posted. They
      added additional factual information as well, but nothing wrong with that.

    28. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      That's assuming they still have the source. I fear many games that I played in DOS are lost forever because the source was deemed "unusable" going forward and deleted.

      The decision was probably made with a statement like "Who in there right mind would want to play this when we have [latest rehash blockbuster]."

    29. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      If it's an apology, it's no more sincere than the apology Mel Gibson gave to the Jews on Family Guy.

    30. Re:The court didn't ask for an apology... by stephanruby · · Score: 1

      Therefore, they've made it as highly specifically technical and narrow to their lawyers' interpretation of the judge's order as possible.

      That's a relief...

      For a moment there, I thought that Steve Jobs had been brought back to life.

    31. Re:The court didn't ask for an apology... by mwvdlee · · Score: 4, Insightful

      Apple stated all the reference details of the case, including a URL, and quoted the judges exact words. Are you saying the judge was mean-spirited in his assessment? Or do you take exception to Apple pointing out that that other courts around the world took a different view on the matter?

      Apple are mean-spirited asses

      I'm just quoting your exact words.
      I ommitted some of the off-topic bits, but those are still your words.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    32. Re:The court didn't ask for an apology... by mark-t · · Score: 1
      They acknowledged *THAT* the court decided what they did, they do not actually acknowledge *WHAT* the court decided.

      And yes, I realize that it effectively orders Apple to either publicly admit to lying in court, or else lie on their own website, which is why I was astonished that this court order would have ever been upheld.

    33. Re:The court didn't ask for an apology... by amiga3D · · Score: 1

      I think tablets may one day rise to the level they make the casual PC a thing of the past but I don't see it happening soon. Maybe 10 years down the road or so. I have a samsung 5 inch Galaxy Media Player and love it but it sees a lot less use then my Mac Mini or even my HP laptop. The mini has a quad core i7 in it and I still manage occasionally to saturate it's CPU.

    34. Re:The court didn't ask for an apology... by amiga3D · · Score: 1

      I'd love to see Railroad Tycoon 2 redone to play on modern equipment. The gameplay is great but I'm having to use an older linux distro in a VM to get it to run at all.

    35. Re:The court didn't ask for an apology... by bfandreas · · Score: 1

      Ugh. EA. The graveyard of 90ies superb studios... I would never even dream of using it to develop on since I've been previously traumatized by undergeared dev machines. My people all have at least 8gigs of ram, SSD drives, 2 27" screens(3 for the creative types), mouse and keyboard of their choice and very good chairs. I haven't had the opportunity to write serious code for a couple of months. Only some refactoring.

      Coding on a Prime. Huh. The keyboard is nice but not THAT nice.

      --
      20 minutes into the future
    36. Re:The court didn't ask for an apology... by tlhIngan · · Score: 1

      We have prior art in the form of fictional TV shows definitely showing this stuff to us in the eighties (IE, Star Trek:TNG's "PADD")

      A PADD is not a tablet. Especially a TNG one.

      Note that the top half is a screen, while the bottom half is a convenient bezel to hold it and input data with. No tablet today has this sort of layout. The closest we've come to having a PADD would be the early revisions of Amazon Kindle readers (with the keyboard at hte bottom) or a Blackberry-style phone.

    37. Re:The court didn't ask for an apology... by StormReaver · · Score: 3, Insightful

      ...they required an acknowledgement of design differences

      The UK Court told Apple exactly the wording to put on the website, and Apple did not comply. I would hope this results in a hefty Contempt of Court penalty for Apple's executives and lawyers.

    38. Re:The court didn't ask for an apology... by Ossifer · · Score: 1

      Outside of the fact that .wma is audio only, and thus filming (and chicken suits) don't play any role, maybe by using .wmv the courts would ensure no one will bother to pay any attention...

    39. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      I believe some Buddhist group said S. Jobs was reincarnated as a spirit watching over Cupertino from some sort of ethereal mansion. Which, oddly enough makes him a hungry ghost. A slightly higher karma than a Rakshasa, but not by much.

    40. Re:The court didn't ask for an apology... by Ossifer · · Score: 5, Insightful

      I was taught that one can only apologize for something one is truly sorry for having done. A forced apology is rather meaningless.

    41. Re:The court didn't ask for an apology... by bfandreas · · Score: 1

      Go to Youtube and search for Asus Transformer Book. Those things have an i7 chugging along. Those 10 years you predicted are IMHO already over. But I'll wait to see if they are any good before I get one myself. i7 sounds like awful battery life. But apart from rendering or encoding I can't think of anything that'd challenge that thing. IO performance usually kills you before that thing breaks the 50% barrier. Also Win8 SOUNDS like one of the best ideas MS has had since...ummm...ditching the Windows95 line? But I don't know if I am ready to trust them.

      If they want me to buy my stuff from some Windows store they've got another thing coming. Shouldn't be a problem in Windows 8 and I'm not interested in RT anyway. A locked down machine is not something I want.

      --
      20 minutes into the future
    42. Re:The court didn't ask for an apology... by the_B0fh · · Score: 3, Insightful

      Because Apple is using the Court's words to point out that Samsung is less cool, you see.

      You can't point out that Android/Samsung devices is less cool, because... well, just because, damnit!!!

    43. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Hopefully they find contempt, and put a ban on iPad sales equal in length to the earlier ban on Samsung sales - assuming there was one, if not, then hopefully customer's response to Apple's Asshole response will be enough.

      There was no ban - there could be no ban until the court had reached a decision over this matter.

      It still baffles me that there could be action taken against Samsung in the US before this matter was settled.

    44. Re:The court didn't ask for an apology... by the_B0fh · · Score: 1

      When did the Court require an apology?

      That you think that they needed to apologize is irrelevant.

    45. Re:The court didn't ask for an apology... by jellomizer · · Score: 1

      Face it, if you lost a court case you wouldn't be happy about it, and most likely you would do the bare minimum punishment.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    46. Re:The court didn't ask for an apology... by uglyduckling · · Score: 1

      That's not the ruling, the ruling is at the bottom.

    47. Re:The court didn't ask for an apology... by AmiMoJo · · Score: 1

      They selected certain words from the judge's statement, using them in a way that tries to make Samsung look bad. That was certainly not the intention of the judge. I wouldn't be surprised if it leads to further sanction.

      It will be interesting to see the newspaper adverts as well. Presumably Samsung will want to buy the page opposite and place a big Galaxy Tab advert there.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    48. Re:The court didn't ask for an apology... by horza · · Score: 1

      I won't repeat all the ways they didn't comply, it's in enough other posts, but it's pretty clear they spat in the face of the judge. They consider the legal system theirs to abuse as they wish, and believe themselves to be above the law. Not surprising Apple has become one of the most hated companies of the decade, and it's no longer just the geeks regarding Apple as pestilent.

      Phillip.

    49. Re:The court didn't ask for an apology... by Cinder6 · · Score: 1

      That's a quote from the judge, actually.

      --
      If you can't convince them, convict them.
    50. Re:The court didn't ask for an apology... by StripedCow · · Score: 1

      Actually, he reincarnated twice already. The last time was as a Foxconn employee, but that didn't turn out too well for him.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    51. Re:The court didn't ask for an apology... by jo_ham · · Score: 0

      This sort of "apology" is the sort of thing I expect from a petulant child and should be corrected swiftly and definitively.

      Didn't the court actually instruct Apple exactly what it should write? Why not just write the notice for Apple and have them post it on their website instead of leaving it up to Apple's lawyers to set the wording?

      However, I still had to LOL after reading it. Apple really has balls as big as its war chest. Bravo, Apple, bravo.

      Yes, the court did, and Apple posted the ordered words exactly. Then they added the verbatim quote from the judge after it.

      What they didn't do was post it on their EU homepage - they put it on a page that you have to click to get to via a link that says "Apple/Samsung court judgement" which is on the homepage.

      The court did not tell them to apologise, so I'm not sure exactly what slashdot is expecting there.

    52. Re:The court didn't ask for an apology... by jo_ham · · Score: 1

      ...they required an acknowledgement of design differences

      The UK Court told Apple exactly the wording to put on the website, and Apple did not comply. I would hope this results in a hefty Contempt of Court penalty for Apple's executives and lawyers.

      Why? They posted the requested text exactly. They didn't put it directly on the homepage, so you could argue that they are not compliant there (the link to it is on the homepage), but the very first thing on the page is the text that the court ordered Apple to post, word for word.

    53. Re:The court didn't ask for an apology... by RaceProUK · · Score: 1

      Apple didn't have to quote the judge. They could have just said Samsung didn't infringe and leave it at that.

      --
      No colour or religion ever stopped the bullet from a gun
    54. Re:The court didn't ask for an apology... by cmdrbuzz · · Score: 1

      Why don't you repeat all the ways they didn't comply? I cannot see anything that they did not comply with.

      And whilst Apple may be hated by you, the rest of us grown-ups realize that all companies are good and bad and Apple are just reacting to Samsung copying a design that Apple popularized. That and Samsung trying to gouge other companies using FRAND patents.

    55. Re:The court didn't ask for an apology... by TheGratefulNet · · Score: 1

      off by one letter.

      so. sue me!

      my apology will be better crafted than apple's, that's for sure. and I won't be able to spit in the judge's face and get away with it, either.

      --

      --
      "It is now safe to switch off your computer."
    56. Re:The court didn't ask for an apology... by cmdrbuzz · · Score: 2

      I'd suggest you re-read the Court's wording. It matches /exactly/ with Apple's notice.

      Then underneath the Court's mandated wording, Apple have repeated some facts. It says quite a bit about your bias that you seem to resent the facts they quoted...

    57. Re:The court didn't ask for an apology... by makomk · · Score: 3, Interesting

      They've been arseholes. I'm pretty sure the reason the court ruled that they had to make an apology was because they've been arseholes. In fact, Apple are such arseholes that when the court first ruled against them in this case, before the court further forced them to apologize to Samsung, they released a statement to the press which basically made it sound like the court had ruled in their favour

    58. Re:The court didn't ask for an apology... by Anubis+IV · · Score: 3, Interesting

      Indeed, you are quite right! Thanks for the correction.

      To quickly go into what difference that makes for anyone else reading along, the text I incorrectly attributed to the judge up above is actually Samsung's request for what Apple should be asked to do. If you read through the ruling, the judge says:

      I am not persuaded that the list of websites in Schedule 1, other than the United Kingdom website, would be fair or appropriate. I am also not persuaded that the statement needs to be on the websites for one year. This is a very fast moving industry and I bear in mind the risk of prejudice to Apple and I will require the statement to be on the United Kingdom website of Apple corporation for six months.

      So, towards that, Apple likely is not breaking the ruling by only linking the text from their front page, rather than putting it on their front page proper.

      Interestingly, the judge also addresses the topic many people here are bringing up about how Apple is insinuating that infringement occurred, despite having to cite the ruling:

      In my judgment, Apple are carefully trying to say something which contains an innuendo that Samsung infringe without actually saying it. [... T]o many people outside the circles of intellectual property law to say something infringes a Registered Community Design and to say someone copied your design or your product is to say the same thing.

      But then he later goes on to basically say that he feels as if Samsung's and Apple's comments on that topic balance each other out, so it doesn't matter.

    59. Re:The court didn't ask for an apology... by milkmage · · Score: 1

      mean spirited? sure.. but the UK Courts ALLOWED it. met the order to comply, but Samsung isn't going to link to it......
      this is one step above awarding the winner a dollar.

    60. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      They certainly have freedom to post whatever text they want to the effect that Samsung did not infringe on their copyright, but they did not follow the letter of the judgement when it comes to font size. 14pt != 14px, unless you're at 72ppi. Actually, that gives me an idea. If Apple UK thinks that 14px == 14pt, then they should be required to display text on their devices at 72ppi. Take that, Retina display!

    61. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Sure they could have. Been you have the judge saying something like that, why the hell wouldn't you use it?

    62. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      LOL; Asus Transformer.

      It's worthless trash.

    63. Re:The court didn't ask for an apology... by Gonoff · · Score: 2

      I think you used a "straw man" argument there. Nobody said that they don't like competition or the benefits.

      Apple don't seem to like it though. Creating billions of dollars worth of spurious court cases is not competing. It is avoiding competing.

      --
      I'll see your Constitution and raise you a Queen.
    64. Re:The court didn't ask for an apology... by DNS-and-BIND · · Score: 2

      But writing an apology and being forced to publicize it is humiliating. That's kind of the point.

      In Mao's time, they called this a "self-criticism". It still exists in the West today. Remember when Penny Arcade comic refused to write a self-criticism to pacify angry feminists? They were the exception, usually this occurs accompanied by the payment of a fine ("donation") to a cause opposed to the offending belief.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    65. Re:The court didn't ask for an apology... by Ossifer · · Score: 1

      By being forced to write a public apology, it is not an apology. That's kind of the point.

    66. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      No, they're been arseholes. You know it, I know it and the general public knows it.

      It doesn't matter how many apologists try to justify it on Slashdot, the simple fact is that Apple chose to take a mean-spirited approach.

      AMEN! Screw Apple and their God like attitude! I'll NEVER surrender my Android devices to the likes of them... hell I'd rather be a crippled Windows Mobile user, than ever give a dime to Apple!

    67. Re:The court didn't ask for an apology... by Jappus · · Score: 4, Insightful

      A horse-carriage is not the same as a modern automobile -- after all, it does not have a steering wheel or other amenities -- yet people always saw it as enough of a prior art to call it a car; short for horseless carriage.

      A feather quill cut and dumped in ink is not exactly the same as a modern ink pen, but who would doubt that the feather is prior art?

      Can you deny that the first telephones of Reis, Gray or Bell constitute a real, tangible prior art to modern mobile phones; even though they look and work completely different?

      And do you know what all those things I have mentioned have in common: They admit to themselves as having prior art; they fully embrace it and the companies that make them do not intend to sue the crap out of each other for those things they have in common. Rather more, they try to innovate and focus on what makes them different.

      So, what makes the Apple products different from their competitors that is also different to their own roots -- the prior art? What makes you buy one in preference to the others? Is it the fact that they have rounded edges? Certainly not. Is it the fact that they are black? Of course not. Is it the basic way you work with them (tapping, looking, reading)? I'd be hard pressed to say that that's the case.

      No, you prefer one over the other because of its functional differences; exactly those things that actually set it apart from both its prior art and their competitors; especially in the minds of their customers.

      So coming full circle again: The looks of the TNG PADDs and the way you hold them is inconsequential to the question if they constitute prior art, as long as their technical and functional aspects are so similar -- which is undeniably the case.

    68. Re:The court didn't ask for an apology... by Scowler · · Score: 1

      And why shouldn't they be arseholes? The judge in this case issued a non-conventional, douchey penalty, worthy of ridicule by any actual un-biased observers. I am not saying that Apple didn't deserve to lose the case, just that this particular penalty is utterly stupid.

      If it were me, I would have made an even worse sarcasm-laden post to satisfy the terms of the penalty.

      Yet your troll of a comment makes it sound like only "apologists" can justify Apple's response. I say, only apologists like you can make it sound like this judge's order is remotely fair, as a given.

    69. Re:The court didn't ask for an apology... by Beerdood · · Score: 4, Funny

      In fact, I find the entire idea that someone can patent a touchescreen with some processing capability in a housing with a battery to be stupid

      The touché screen - is that some special type of app that automatically finds the top 10 wittiest remarks (relevant to the current display on the screen)? That sounds like a legitimately patentable idea to me. A damn good one at that.

      --
      Global warming and other natural disasters are a direct effect of the shrinking number of pirates - Gospel of the FSM
    70. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Well, soooooo-ryyyyy. There, you happy???

      How you read this line is important. :-)

    71. Re:The court didn't ask for an apology... by Ossifer · · Score: 1

      Yes, I can *feel* the sincerity in your keystrokes.

      I would prefer the inverse apology sometimes, like "I'm sorry you were mean to me."

    72. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      You'd use a stuffy, conservative, geezer judge to define "cool" for you? That's likely to backfire.

    73. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      You were taught wrong.

    74. Re:The court didn't ask for an apology... by Ossifer · · Score: 1

      Yes, very sorry about that.

    75. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Hear-hear! It goes back to "Hi, I'm a PC" commercials. Apple will admit that their OS has viruses, before they break their elitist marketing approach...

    76. Re:The court didn't ask for an apology... by fluffernutter · · Score: 1

      I hate assholes, I hate businesses that are assholes, but unless the system system changes an awful lot this is just the beginning.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    77. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      It should have been a little more humiliating though. We could make a public spectacle of it, like during the Good Olde Days!

      Have Apphole's CEO and lawyer team trotted out naked into the towne square, where the Samsung execs get to tar and feather them. Then they are marched around the block so the women and children can point and laugh.

      It's inexpensive, public entertainment, and should discourage the bad doggie from pooping on the carpet again.

    78. Re:The court didn't ask for an apology... by gnasher719 · · Score: 1

      What is wrong with apologizing to the wronged party? This is how disputes are resolved in a civilized society. Do you think that a huge fine for slandering their opponent would be a more appropriate response?

      Well, the judge made quite clear that he thinks Samsung has _copied_ the iPad design, just not enough to infringe on Apple's design patents. We also know that Samsung kept a 130 page book that described how the iPhone UI was better than the Samsung UI, and how to change the Samsung UI accordingly. So yes, Samsung should apologize.

    79. Re:The court didn't ask for an apology... by adolf · · Score: 1

      A horse-carriage is not the same as a modern automobile -- after all, it does not have a steering wheel or other amenities -- yet people always saw it as enough of a prior art to call it a car; short for horseless carriage.

      (emphasis mine)

      car (n.)
      c.1300, "wheeled vehicle," from O.N.Fr. carre, from L. carrum, carrus (pl. carra), originally "two-wheeled Celtic war chariot," from Gaulish karros (cf. Welsh carr "cart, wagon," Breton karr "chariot"), from PIE *krsos, from root *kers- "to run." Extension to "automobile" is 1896. Car bomb first 1972, in reference to Northern Ireland.

    80. Re:The court didn't ask for an apology... by jkflying · · Score: 1

      The judge would expect Apple to follow the spirit of the court order, not the letter. Judges tend to be unhappy when people intentionally misinterpret their words...

      --
      Help I am stuck in a signature factory!
    81. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      Meanwhile he is modded insightful twice and interesting once, for outright fabrications. Slashdot has become a sad joke when it comes to Apple stories.

    82. Re:The court didn't ask for an apology... by Jappus · · Score: 1

      Ahhh, then I stand somewhat corrected, as the horse carriage derives from an even older form of a horse-powered carriage. Thanks for that insight!

      Of course, this only strengthens my point, ya know. ;-)

      P.S.: Being a German myself, your username is amusingly uncomfortable. :D

    83. Re:The court didn't ask for an apology... by Anonymous Coward · · Score: 0

      it says nothing about css styles and font colour not being the same as the div it may hide in...

    84. Re:The court didn't ask for an apology... by IsoQuantic · · Score: 1

      Exactly. Folks should realize that any public statements made can wind up in other jurisdictional lawsuits in progress. While the judge may not be happy with the approach being taken, he will have to understand that his judgement cannot be so onerous as to place Apple at a disadvantage elsewhere.

      --
      -- I fear explanations explanatory of things explained.
    85. Re:The court didn't ask for an apology... by Duckimus+Prime · · Score: 1

      Apple was ordered to correct the damage they had done to Samsung's reputation through their false accusations that Samsung had copied them. Its a much more appropriate punishment to Apple for their continually incorrect statements about their competitor, rather than ordering them to pay an inconsequential amount of money. They've simply been ordered to right a wrong they committed, and to have that correction be given the same amount of press, as their initial false accusation. The fact that you think this was an unfair ruling against Apple, clearly shows what side of the fanboi river you sit on. I hope the judge throws a book at Apple for the amount of contempt they've shown the ruling.

    86. Re:The court didn't ask for an apology... by Pseudonym · · Score: 1

      Are you kidding? As we speak, hipsters are falling over each other to buy one before it's cool.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  2. You want me to say they are not cool? OK by the_B0fh · · Score: 4, Funny

    Heh. Not sure if Samsung prefers to have this up or down :)

  3. Mmmmm....contempt.... by raydobbs · · Score: 4, Insightful

    ...like what they'd do to NORMAL people when we spit in the face of the judge with our restitution... likely to happen? Nope. Sad, really. They really really deserve it.

    1. Re:Mmmmm....contempt.... by Viewsonic · · Score: 4, Insightful

      Depends on the judge. I think it is safe to say that if a judge went out of his way to have Apple post something like this publicly, and they spat in his face, there is going to be hell to pay. This doesn't seem like your run of the mill judge, and Apple should have known this from the verdict decision.

    2. Re:Mmmmm....contempt.... by Anonymous Coward · · Score: 0

      Huh? The court determined that Samsung isn't as cool as Apple. Why should they be upset?

    3. Re:Mmmmm....contempt.... by Anonymous Coward · · Score: 0

      The problem is that Apple's statement covers exactly what the court asked of them, and they can always argue that. Unfortunately the judges can't say "You're being complete dicks about it"... if it follows to the letter what was asked of them, dickishness or not, then all the judges can do is say that Apple completed what they asked.

  4. I have switched my vote... by alphatel · · Score: 0, Offtopic

    To "Don't care" about Ahole vs Shitsung

    --
    When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    1. Re:I have switched my vote... by ByOhTek · · Score: 2

      All I can think is, if they both lose, everyone wins.

      So I guess I care a bit.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  5. Just Apple.. by Anonymous Coward · · Score: 2, Informative

    ..being Apple. This is just what they do best: spin everything for good PR, forgetting the technical part.

    1. Re:Just Apple.. by Anonymous Coward · · Score: 0

      To the nice mod who modded this troll, did you really expect Apple to follow the spirit of what the judge requested?

    2. Re:Just Apple.. by mark-t · · Score: 5, Informative

      Apple didn't even follow the letter of what the judge told them to do (and it was not a request, it was a court order) The judge told them to acknowledge that Samsung did not infringe. Rather than do that, all they did was acknowledge that *court* had determined that Samsung did not infringe. This is a mere recitation of historically verifiable facts, and not an acknowledgement that Samsung did not infringe, which is what the judge told Apple to do.

    3. Re:Just Apple.. by sgbett · · Score: 4, Funny

      There are four lights.

      --
      Invaders must die
    4. Re:Just Apple.. by alphatel · · Score: 0

      All of which, at this point, is just a load of crap from either side. Ahole doesnt hate Shitsung anymore than I hate my mom for throwing away my charcoal sketch of Bill Clinton that I made when I was 12. WHO FKNG CARES. Both companies need to have their legal arms fall off.

      --
      When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    5. Re:Just Apple.. by Anonymous Coward · · Score: 0

      So what you're saying is that a court should be able to force a person or a company to say something they really don't believe or agree with as something they do agree and believe? Okay, maybe corporations don't have basic human rights, but if you did that to an individual, that would surely be a violation of their rights.

      You can force them to acknowledge the court's ruling in public but I don't see how you can put a gun to their head and make them say they agree with it.

    6. Re:Just Apple.. by mark-t · · Score: 1

      Actually, no... I don't believe that they *should* be able to do that... But that is nonetheless my understanding of exactly what the judge told them to do. The way things ought to be do not always jive with the way things actually are.

    7. Re:Just Apple.. by alphatel · · Score: 0

      The only thing that's clear is that you are quite angry.

      You insensitive clod!

      --
      When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    8. Re:Just Apple.. by Anonymous Coward · · Score: 0

      "Maybe" corporations don't have human rights? WTF?! I'd rather give human rights to a PC than to a corporation.

    9. Re:Just Apple.. by jo_ham · · Score: 0

      Apple didn't even follow the letter of what the judge told them to do (and it was not a request, it was a court order) The judge told them to acknowledge that Samsung did not infringe. Rather than do that, all they did was acknowledge that *court* had determined that Samsung did not infringe. This is a mere recitation of historically verifiable facts, and not an acknowledgement that Samsung did not infringe, which is what the judge told Apple to do.

      Wow, misinformation city!

      The court told Apple exactly what to put on their website, word for word and Apple did exactly that. They then also added the judge's quote after it verbatim.

      The only thing they didn't comply with directly was putting the text directly on the homepage, they just put a link to it on the homepage.

    10. Re:Just Apple.. by Anonymous Coward · · Score: 0

      The judge's ruling says no such thing. What the judge asked for versus what the lynch mob on /. wants are two different things.

    11. Re:Just Apple.. by Theaetetus · · Score: 1

      Apple didn't even follow the letter of what the judge told them to do (and it was not a request, it was a court order) The judge told them to acknowledge that Samsung did not infringe. Rather than do that, all they did was acknowledge that *court* had determined that Samsung did not infringe. This is a mere recitation of historically verifiable facts, and not an acknowledgement that Samsung did not infringe, which is what the judge told Apple to do.

      Actually, the court specifically required them to post the statement:

      On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.

      ... which appears as the first paragraph in the statement.

      Come on, do you think a judge would have issued an order that says "you have to 'say Samsung doesn't infringe' and make an apology, but I'm not going to specify how or what apology would qualify, and if you don't apologize sufficiently in my opinion, I'll hold you in contempt"?

  6. Unsurprisingly by Anonymous Coward · · Score: 1

    Apple, keeping it classy /s

  7. Contempt of Court by Anonymous Coward · · Score: 4, Interesting

    I really hope the UK has the equivalent of 'contempt of court' and throws the book at those arrogant jerks at Apple.

    I further hope the blowback from their attempted patent-armageddon against the rest of the smartphone industry costs them manyfold what they've attempted to extort from others. I only wish I'd never introduced my wife to Apple, and helped her climb the Linux learning curve instead. I hate the idea of giving those would-be monopolists a single penny.

    1. Re:Contempt of Court by LizardKing · · Score: 5, Interesting

      Yes, the UK does have the principle of "contempt of court", and I'd say this is pretty much an example of it as it goes against the spirit and arguably the wording of the court judgement. I just wonder how the court would decide which Apple employees are going to prison for this (and yes, contempt of court invariably means jail time even if it's only overnight).

    2. Re:Contempt of Court by TheGratefulNet · · Score: 1

      why not?

      the rich feel extra pain when put in prison.

      justice works better that way, too.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Contempt of Court by RaceProUK · · Score: 1

      Nah, we'd never be able to deport him, even after all the small-time torrenters we handed to the US even though they broke no laws there.

      --
      No colour or religion ever stopped the bullet from a gun
    4. Re:Contempt of Court by Anonymous Coward · · Score: 1

      How does it go against the wording of the court judgment when it IS the wording of the court judgment?

    5. Re:Contempt of Court by MadKeithV · · Score: 3, Insightful

      Because the wording of the court judgment didn't ask Apple to publish the wording of the court judgment, it asked something else.

    6. Re:Contempt of Court by Anonymous Coward · · Score: 0

      post in a font size no small than Arial 14 pt the notice specified in Schedule 1 to this Order on the home pages of its EU websites

      The quote is from the judgement. Note that Apple did not post the notice on their homepage. The judge should take a giant shit on them.

    7. Re:Contempt of Court by DragonWriter · · Score: 1

      How does it go against the wording of the court judgment when it IS the wording of the court judgment?

      Because the wording of the court judgement requires specific text to be placed, in a specified font and size (14-pt Arial), on the homepages of all of Apple's EU web sites, and what is actually placed on the homepages of those sites (or, at least, what is placed on homepage of the UK site, which is the only one I checked), is different text ("Apple/Samsung UK Legal Judgement"), in 11-point Lucida Grande (well, at least, that's the first preferred font in the CSS for that text -- Arial's actually on the list after Lucida Grande, Lucida Sans Unicode, and Helvetica), which serves as a hyperlink to the page which contains the text required by the judgement as well as a bunch of other text. Admittedly, what most of the people on Slashdot are complaining about is the other, non-required text on the page with the required notice, and not the fact that the notice isn't where it is required to be placed to start with.

    8. Re:Contempt of Court by cmdrbuzz · · Score: 1

      Its not contempt of court when you do what the court ordered.

      And ordering Apple to say that Samsung didn't copy them when 2 other court cases (and anyone that has ever looked at their product) say different is a little rich.

    9. Re:Contempt of Court by mvdwege · · Score: 1

      And in at least one of those two cases, the court had no standing, which is noted in the latest UK ruling. You know, the one that lead to Apple having to post an apology.

      So yeah, Apple is clearly in contempt. But I don't expect you to recognise that, as you do your daily ablutions and prayers to your iGods.

      Mart

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    10. Re:Contempt of Court by Dahan · · Score: 1

      Continually repeating misinformation doesn't actually make it correct, you know. How many times are you going to post this?

    11. Re:Contempt of Court by Anonymous Coward · · Score: 0

      According to the OS X dictionary:

            ``monopolist'' - a person or business that has a monopoly.

      You really are a fucking moron. Enjoy that desktop Linux garbage; they can't even _give_ that shit away.

  8. Contempt of court. by EasyTarget · · Score: 0

    Judges really hate this sort of thing. Hopefully we'll get to read a transcript of what happens when Apple, and their counsel, are required to re-appear before the court..

    --
    "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    1. Re:Contempt of court. by synapse7 · · Score: 2

      What was expected? This is the company that complains when they win.

  9. Sounds like contempt of court by JDG1980 · · Score: 2, Interesting

    Judges generally don't like it at all when people try to skirt around their rulings by barely acknowledging the letter while flagrantly disregarding the spirit.

    Apple is just begging for a contempt citation here.

    1. Re:Sounds like contempt of court by fustakrakich · · Score: 2

      They can afford it. Just another cost of doing business. It's already built into the price of their products.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Sounds like contempt of court by Anonymous Coward · · Score: 0

      They can afford jail?

    3. Re:Sounds like contempt of court by aaarrrgggh · · Score: 1

      Law is all about specificity.

    4. Re:Sounds like contempt of court by fustakrakich · · Score: 1

      Oh please.. Nobody's going to jail, and it shouldn't even be an option. If they want to effectively punish them, it would be much better to revoke a patent/copyright, or two. Save the damn prisons for dangerous people.

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Sounds like contempt of court by gutnor · · Score: 1

      On the other hand, the judge should have known what was coming. The "apology" only repeat mainly the argument of the judge for asking the apology: because of the judgement in other countries, Samsung UK customers could be misled. When you think about it, considering the clusterfuck between Samsung and Apple with very publicized victories on both side, that decision was a bit retarded in the first place. The coolness thing is also coming for the lawsuit. How do you end up using an argument based on the coolness of original and alleged copy Samsung is somehow relevant ?

      The US lawsuit was shameful, with both sides abusing the court as a stage for their ads campaign, but the UK looks like they got their judge and lawyers out of Ally McBeal.

      Anyway, that won't change a thing really. We have drown in such much crap that people do not even know what the countless suits are about. People have chosen their "camp" already and unless the judge ask for a "Show Alternative" page like for MS Browser, I doubt anything will make a difference.

    6. Re:Sounds like contempt of court by DragonWriter · · Score: 1

      Law is all about specificity.

      Right. Like, for instance, the court order here, which requires a notice with specific text, in specific font and text size to be placed on the homepages of all of Apple's EU sites. Where instead Apple has placed a link, with different text in a smaller size and different font, on the homepage of their UK site, which when traversed takes you to a separate page with the required notice plus other text.

    7. Re:Sounds like contempt of court by jo_ham · · Score: 1

      How are they skirting around the ruling? The court ordered very specific text to be posted. Apple used exactly that text, then followed it up with the judge's quote.

      The only thing they didn't do correctly is post it directly on the homepage - they merely linked to it from the homepage. There's no "spirit" to disregard. The court ordered something specific at a specific font size and they copied and pasted the text out of the court's ruling document and onto the website.

    8. Re:Sounds like contempt of court by mvdwege · · Score: 1

      What must Apple do before you fanbois finally even admit that their behaviour is not optimal? Rape a puppy?

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    9. Re:Sounds like contempt of court by xeno314 · · Score: 4, Insightful

      I don't know how this would play out in the UK, but most US judges I've been before would have them back in court ASAP. It's true enough that they've put the required text in the required font on their site, and so they've technically complied with the letter of the order.

      However, this isn't like an everyday contract where you get to find a loophole and laugh - it's a court order. Judges can and do ensure that parties abide by the letter *and* spirit of their rulings, and do not take kindly to those who skirt around their intent. (Unlike contracts, courts have a decent amount of latitude to clarify/modify their orders when things like this happen.)

      I'm fairly certain that the judge did not intend for Apple to post the required text, then follow it up with excerpts from the court that appear to endorse Apple products - and I'm just as certain that Apple's lawyers knew that. Apple is seeing if they can get away with it, and I suppose the rest of us are, too.

    10. Re:Sounds like contempt of court by jo_ham · · Score: 1

      What must Apple do before you fanbois finally even admit that their behaviour is not optimal? Rape a puppy?

      Post a stawman argument on their website?

      Nah, just kidding.

      I personally don;t think think this is "not optimal" behaviour. I'm not sure what you haters were expecting? They complied with the court order exactly (many of you, submitter included, raged about it "not being an apology" despite the court not ordering them to do any such thing), posting the literally exact words that the court ordered them to post in the font size specified by the court, and then a literal quote by the judge. Nowhere does it say that the text must be alone or not accompanied by any other text relating to it.

      The only thing they did wrong was post it on a page linked to from the homepage - the court ordered them to put it on the homepage itself, so in that manner they have defied the court and need to be pulled up on it.

    11. Re:Sounds like contempt of court by mvdwege · · Score: 1

      'haters'. You do realise that hating that which is hateful turns your pithy phrase into a compliment?

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
  10. If the ad does not fit by Zeroblitzt · · Score: 1

    Apple will just throw more money at it.

    --
    Mr. America walk on by your schools that do not teach Mr. America walk on by the minds that won't be reached
  11. Don't Care by ZombieBraintrust · · Score: 1, Insightful

    Court ordered apologies are stupid. Good for Apple to show contempt for them. Doesn't make their patent good. Their patents are still stupid.

    1. Re:Don't Care by Anonymous Coward · · Score: 1

      Actually they are a very good idea. Otherwise companies (Apple) could use lawsuits against other companies (Samsung) to effectively commit libel/slander without repercussion. Allowing companies (Apple) to use/abuse the law in that fashion would be a massive oversight.

    2. Re:Don't Care by ZombieBraintrust · · Score: 3, Insightful

      It is never good to have a goverment ordering people to say or write things they don't actually believe. This is called "Freedom of Conscience." If Apple slandered or libeled Samsung the court can issue a fine. Or the court can write a press release that identifies the court as the author and force Apple to dsiplay it.

    3. Re:Don't Care by Minupla · · Score: 1

      "Good for Apple to show contempt for them"

      I think this word will feature prominently in the judge's reaction too.

      Min

      --
      On the whole, I find that I prefer Slashdot posts to twitter ones because I don't get limited to 140 chars before
    4. Re:Don't Care by pinkeen · · Score: 2

      Since when a huge multinational corporation has a conscience?

      The purpose of this order is so that apple informs its customers that samsung did not infringe. If you look at it this way then it really doesn't matter if anybody at apple believes it or not.

    5. Re:Don't Care by Anonymous Coward · · Score: 0

      Apple claims that Samsung is ripping off their design, when a court believes they are not. I'd call that libel and slander, wouldn't you?

    6. Re:Don't Care by redlemming · · Score: 1

      It is never good to have a goverment ordering people to say or write things they don't actually believe. This is called "Freedom of Conscience."

      This is an excellent point with respect to limiting what government can do to people. However, it's not clear to me that corporations (and other businesses) should be considered people.

      For one thing, there is lots of historical evidence (e.g. rats in peanut butter, toxic waste) that shows a reasonable degree of public oversight over corporations (and other businesses) is both neccesary and highly desirable. In many ways, the need for public oversight over corporations parallels the need for public oversight over government or over legal systems.

      It would not be good to permit the same level and types of oversight over individuals in their private lives as we have a right to expect over businesses.

      Abuse of patent and copyright by businesses are both things that would probably be reduced by greater public awareness of just how many things are wrong with the current systems. The judge's action in the current case might be viewed as a small step in that direction. I don't know enough about English law to know if he can do more.

      There are strong conflicts of interest that perpetuate the current abuses of intellectual property law. It may be that small victories are all we can expect at present.

      The real danger is that some people will view this sort of thing as setting a precedent that governments can do the same things to people as they can do businesses.

    7. Re:Don't Care by ZombieBraintrust · · Score: 1

      As a practical matter Apologies do not write themselves. A corporation can't write an apology and then post it to its website. An employee does that with permission from management. If Apple is held in contempt of court it's management might be imprisoned. Or the company may be fined. If fined then property will be taken from Apples shareholders. Looking at the actual ruling it doesn't look like the Judge ordered an apology. Instead it looks like he just ordered Apple to post that they lost the case. Apples management can't argue that they didn't lose the case. So "Freedom of Conscience" doesn't apply.

  12. Placement of the ad by samazon · · Score: 1

    I was under the impression that the statement had to be on the front page of the web site? I don't even see a link to it on their UK home page.

    --
    I have the hiccups.
    1. Re:Placement of the ad by Lemming+Mark · · Score: 5, Funny

      I thought that too - but it's in small writing, in the link bar at the bottom of the UK home page.

      Apparently if you go there, you also find the stairs are missing and the announcement is in a locked cubicle with a sign on the door saying "beware of the OS X Leopard".

    2. Re:Placement of the ad by CodeheadUK · · Score: 1

      Nice reference, thank you for brightening my afternoon. My fellow office dwellers are now all staring at me.

    3. Re:Placement of the ad by EasyTarget · · Score: 2, Insightful

      "beware of the OS X Leopard".

      Class!
      - and come to think of it; Apple fanbois resemble Vogons in so many ways.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    4. Re:Placement of the ad by Anonymous Coward · · Score: 0

      It's there... HOWEVER it's not in a size equal to 12pt Arial and thus in breach of the ruling...

    5. Re:Placement of the ad by Anonymous Coward · · Score: 0

      The appeals court tweaked the original ruling slightly, saying that a link to a page with the acknowledgement would be sufficient.

    6. Re:Placement of the ad by NatasRevol · · Score: 1

      Then you're not looking very hard. It's just to the left of the Union Jack.

      --
      There are two types of people in the world: Those who crave closure
    7. Re:Placement of the ad by DragonWriter · · Score: 1

      I was under the impression that the statement had to be on the front page of the web site? I don't even see a link to it on their UK home page.

      The link is titled "Apple/Samsung UK Legal Judgement" is in the footer of the homepage of their UK site, in what is (from the structure of the HTML), the section of UK-specific legal links. As the court order requires the notice to be placed on the homepage (and is in other places quite specific in distinguishing content in the notice and hyperlinks in the notice, so it is hard to argue that the order views content and hyperlink placement as equivalent), that still isn't compliant with the order.

  13. Grade School by Anonymous Coward · · Score: 3, Interesting

    Well nice to know that Apple is still behaving like a spoiled child. It isn't enough to dominate the market, it is important to be unrepentant bully.

    1. Re:Grade School by Dr.Syshalt · · Score: 0, Flamebait

      Yes, and that's why some consumers are attracted by their image, just the same way as some women are attracted to their abusers. The same idea - Apple look like they're tough guys, rebels, "think different" and so on.

    2. Re:Grade School by fustakrakich · · Score: 2

      It isn't enough to dominate the market, it is important to be unrepentant bully.

      That's how they dominate the market. The market, and society in general rewards bullies.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Grade School by Anonymous Coward · · Score: 0

      Ah, how well I remember those days, the late 80s, early 90s, when a small handful of us on comp.sys.mac.advocacy held out while the behemoth Microsoft shambled to market dominance. We said "just wait, you'll see." We were insulted and ridiculed on a daily basis for our defense of what made Apple and the Mac great, even if they didn't spec out, even if they cost a little more up front. We used terms like "total cost of ownership," "return on investment" and "what malware?" in our endless flamewars.

      It's somewhat satisfying now to see the whining about Apple's bullying and the sad attempts to mimic Apple's world-changing products and user experience. Now that the world knows about those things, the thought of going back to "good enough" is something that makes a whole LOT more people shudder than it did back then. Apple has spent the better part of the last 30 years refining and advancing the converging worlds of personal technology and multimedia while everybody else was playing catch-up. It's made itself the biggest company in a world that seems to be shaping up as a contest between governments with limited jurisdiction and corporate interests with no such limits. Apple doesn't do things like a spoiled child. You can rest assured that this decision was made after a very careful weighing of the pros and cons, with respect to public relations. Samsung does the same, or tries to, with its marketing of the Galaxy S3, and the dumb hipsters in line waiting for the next big thing while the one unassuming smart guy holds the spot for his clueless yuppie parents.

      Marketing is basically about making people feel like part of whatever group consciousness you're selling, creating loyalty in addition to profits. Things like this cheer and energize the core audience while allowing the company to express its opinion of a court that can't possibly hurt it, not very badly anyway. Who does it anger? Someone else...some Android user, some Linux Libertarian, some Windows nerd. Those people are outsiders now, just as we were in 1992.

      Who cares about them? They'll either create a knock-off for themselves that works well enough, or they'll do what my parents did after a couple decades of fighting Windows and insisting they need it: get a Mac.

    4. Re:Grade School by Anonymous Coward · · Score: 0

      Oh boo fucking hoo, did a mean ol' jerk steal a girl away from you, a so called "nice guy" aka asspie? You do realize "nice guy" is just a term for males with weak genes. Guess that means you have the weakest genes. So go back to fucking your own god-damned hand because that is all you will ever fuck. Girls want strong genes, which is why they choose the "Jerks."

  14. Contempt? by abigsmurf · · Score: 5, Insightful

    Apple using extremely selective quotes from the judge to spend the whole 'apology' badmouthing Samsung is questionable enough but the section at the bottom is basically saying "but ignore this judge, These two courts are more important and found them guilty". That's going to piss the judge off, judges never like their authority being undermined.

    The judgment wasn't cast iron law, it doesn't matter if you follow it to the letter if the judge clearly believes you're not following the spirit of a judgement. The judge clearly would not have wanted Apple to give the impression that the judge endorsed Apple's products.

    1. Re:Contempt? by NatasRevol · · Score: 3, Insightful

      So, using the judge's own words is now contempt?

      You might want to think that through a little further.

      --
      There are two types of people in the world: Those who crave closure
    2. Re:Contempt? by Anonymous Coward · · Score: 0

      So, using the judge's own words is now contempt?

      You might want to think that through a little further.

      You don't get to quote someone and rearrange the words into different patterns to change the message.

    3. Re:Contempt? by abigsmurf · · Score: 5, Insightful

      Yes.

      The reason Apple were made to do this apology in the first place was because they put out PR material that misled consumers over the court proceedings. To then, in the apology use selective quotes that distort the nature of the ruling again... You can be sure the judge won't look kindly at it.

      A judges ruling is not a cast iron contract where following it to the letter is all that matter, the "spirit" of the ruling is key and Apple are willfully going against it.

    4. Re:Contempt? by NatasRevol · · Score: 1

      That didn't happen.

      --
      There are two types of people in the world: Those who crave closure
    5. Re:Contempt? by Registered+Coward+v2 · · Score: 1

      Apple using extremely selective quotes from the judge to spend the whole 'apology' badmouthing Samsung is questionable enough but the section at the bottom is basically saying "but ignore this judge, These two courts are more important and found them guilty". That's going to piss the judge off, judges never like their authority being undermined. The judgment wasn't cast iron law, it doesn't matter if you follow it to the letter if the judge clearly believes you're not following the spirit of a judgement. The judge clearly would not have wanted Apple to give the impression that the judge endorsed Apple's products.

      It will be interesting to see what happens next. Apple no doubt ran this buy their very good legal team and decided the risk was worth it. Apple laid out facts along with the required notice and did not specifically continue to accuse Samsung of copying their design so they 8may* be safe but then again judges have a lot of power and latitude to use when you piss them off.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    6. Re:Contempt? by NatasRevol · · Score: 0

      So, you're saying YOU can determine the spirit of the ruling better than the lawyers that were in the courtroom?

      Or is there the chance that he said those things, but felt he to rule the other way, and will give Apple leeway to show his words?

      --
      There are two types of people in the world: Those who crave closure
    7. Re:Contempt? by Anonymous Coward · · Score: 0

      The judge seemed pretty specific on what he wanted. 'i am sorry' in 14 point font on the front page. Anything more or less is not what he wanted. He only came short of writing it himself.

      That was basically a 2 page rant against the judge. I dont think the judge will react nicely to that.

    8. Re:Contempt? by Anonymous Coward · · Score: 0

      They didn't "rearrange" any words. They quoted paragraph 190 of the ruling *verbatim*.

    9. Re:Contempt? by NatasRevol · · Score: 1

      Not on the front page.
      Not saying 'i'm sorry'
      But, yes, in 14 point font.

      Not a rant against the judge. Using his own words to (re?)denigrate Samsung's designs.

      --
      There are two types of people in the world: Those who crave closure
    10. Re:Contempt? by abigsmurf · · Score: 2

      I'm saying the Judge gets to determine what the spirit of the ruling is, the same judge that drew up the ruling and the same judge they are deliberately trying to undermine and question.

    11. Re:Contempt? by Dupple · · Score: 1

      In what way were the words rearranged?

      What the judge said

      182.
      The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design.

      190.
      The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool. The overall impression produced is different.

      http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html

      What apple said

      "The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design."

      "The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."

      http://www.apple.com/uk/legal-judgement/

      --
      Watch those corners
    12. Re:Contempt? by NatasRevol · · Score: 1

      And the same judge that said that Samsung's designs were not cool while Apple's designs had 'extreme simplicity'.

      --
      There are two types of people in the world: Those who crave closure
    13. Re:Contempt? by Anonymous Coward · · Score: 0

      Yes, using the judge's own words, out of context, specifically to countermand the order is one of many literal definitions of contempt of court. It is, after all, nothing but contempt for the courts, and specifically the judge, to do what Apple did.

    14. Re:Contempt? by Extreme_biker0 · · Score: 2

      So, you're saying YOU can determine the spirit of the ruling better than the lawyers that were in the courtroom?

      The spirit of the ruling was to reverse PR damage against Samsung by apologising to them. Nobody is saying that the lawyers in the courtroom failed to DETERMINE the spirit, but what it looks like (to me and others) is that they are deliberately failing to COMPLY with the spirit of the ruling.

      Or is there the chance that he said those things, but felt he to rule the other way, and will give Apple leeway to show his words?

      He did say those things, but in using them so selectively in their statement Apple have not apologised at all, and therefore not complied with the spirit of the ruling.

      As an aside I find it interesting that a lot of people are struggling with this concept of 'spirit'. This is something that has featured prevalently in the law training I've had over the years so it seems natural to me: breaking the spirit of the law is punishable as well as breaking the letter; more of a principles based approach to enforcement. However it seems that some (USA?) people regard the law as a set of rules that can be scrutinised for loopholes and ambiguities that when found are fair game.

      Is law genuinely taught differently in the USA? Or is this just an example of a bad Apple (sic) acting accordingly?

    15. Re:Contempt? by NatasRevol · · Score: 1, Insightful

      Wow.

      1. They're not out of context. They're entire paragraphs to give context, quoted from the legal proceedings.
      2. Apple cannot countermand any legal order. Only judges can. Since it doesn't seem like you know, it means reverse.
      3. The judge told Apple state Samsung did not infringe Apple's design, which they did. In fact, it's the first sentence.

      So, again, how is that contempt?

      --
      There are two types of people in the world: Those who crave closure
    16. Re:Contempt? by NatasRevol · · Score: 1

      No, the spirit of the ruling was to make sure that it was clear that Samsung didn't infringe on Apple's designs. Since that's what the court case was about, how could it be anything else?

      It was not to have Apple say 'sorry'.
      It was not to 'fix' Samsung's PR.

      --
      There are two types of people in the world: Those who crave closure
    17. Re:Contempt? by abigsmurf · · Score: 1

      They presented a confusing and misleading interpretation of the the judge's findings give an overall message of "the judge said our product was cool and much better, he also stated that we were wrong to say they copied from us but he was wrong and these other courts agree with us".

      That's hardly a simple statement making it clear Samsung didn't copy from them, which is what was ordered. Apple even misled with regards to the other court cases (one wasn't even a court case, the other is soon to be thrown out).

      Basically saying the UK judge's verdict was wrong is also in itself contempt of court, both legally and literally.

    18. Re:Contempt? by NatasRevol · · Score: 1

      Did you even read the first sentence of the statement? It says:
      "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001."

      The second sentence completes what was requested by the judge. It says:
      "A copy of the full judgment of the High court is available on the following link www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html."

      If that's not clear enough, then that's your fault, not Apple's.

      --
      There are two types of people in the world: Those who crave closure
    19. Re:Contempt? by mark-t · · Score: 4, Informative
      No... not in a 14 point font.

      More like about 8.

      And on an iphone retina display, it's even tinier.

      Examining their CSS, the font size they specified is actually 14px, not 14pt.

    20. Re:Contempt? by thaylin · · Score: 1

      Which is not what the judge told them to do. If your mother says "son rake the yard" and all you to is repeat her, and just say "son rake the yard" did you do what was asked?

      --
      When you cant win, ad hominem.
    21. Re:Contempt? by thaylin · · Score: 1

      If he said other things it would be in the record, which it is not.

      --
      When you cant win, ad hominem.
    22. Re:Contempt? by thaylin · · Score: 1

      1) it is way out of context, it was supposed to be a very specific apology 2) anyone can try countermand a legal order, but that does not mean it will work, or will be legal. 3) they were told to issue an apology, stating that the court ruled it did not infringe is not an apology..

      --
      When you cant win, ad hominem.
    23. Re:Contempt? by thaylin · · Score: 1

      Did you read the ruling.. That is *NOT* an apology.

      --
      When you cant win, ad hominem.
    24. Re:Contempt? by NatasRevol · · Score: 1

      Can you quote where the judge says to apologize?

      --
      There are two types of people in the world: Those who crave closure
    25. Re:Contempt? by NatasRevol · · Score: 1

      Can you cite where it was supposed to be an apology, and not an acknowledgement of the ruling?

      No, Apple cannot countermand a legal order by a UK High Court.

      Again, cite where it was supposed to be an apology, and not just an acknowledgement that it was ruled that Samsung did not infringe on Apple's designs.

      --
      There are two types of people in the world: Those who crave closure
    26. Re:Contempt? by Anonymous Coward · · Score: 0

      No, but if my mom said "Son, rake the yard", and then tried to give me grief that I *also* cleaned the gutters, then I'd certainly wonder what the hell she was complaining about.

      The judge told Apple to post a specific block of text (down to the font and font-size). Apple posted that specific block of text (down to the font and font-size). The block of text they were told to post included a link to the ruling itself. Apple went so far as to post quotes from that ruling which show *why* the judge ruled the way the judge ruled. These are accurate quotes, showing their full context from the ruling.

      So, if my mom told me "Tell your brother he doesn't have to rake the yard", and I tell my brother he doesn't have to rake the yard, I shouldn't get in trouble if I also point out that he doesn't have to rake the yard because mom looked out the window and noticed it was snowing.

    27. Re:Contempt? by Anonymous Coward · · Score: 0

      There is no concept of a pixel in safari.

    28. Re:Contempt? by mark-t · · Score: 1

      I already checked that. Comparing 14pt with 14px fonts looks substantially different even on Safari.

    29. Re:Contempt? by Anonymous Coward · · Score: 0

      Mod this up. When you change the CSS for the text to 14pt, it's fucking huge!

    30. Re:Contempt? by Anubis+IV · · Score: 1

      And if you read the ruling instead of checking CSS, you'll see that none of that matters. Specifically, whereas Samsung drew a distinction between home pages and websites in point 4 of the ruling, the judge chose in point 57 to not give Samsung everything it requested, instead only specifying that the notice be on the U.K. website (rather than all EU websites), that it only be posted for 6 months (rather than the 1 year requested), and that it be on the website (rather than specifying home page).

      And if you check the actual notice Apple posted, you'll see that it's posted in 14 point Arial text, thus complying with what the judge ruled in point 57.

    31. Re:Contempt? by mvdwege · · Score: 1

      The same very good legal team that filed in two different EU courts as a Community action? Which is not legal at all, and pointed out by the very judgement Apple is now flouting? That crack legal team?

      Mart

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    32. Re:Contempt? by Registered+Coward+v2 · · Score: 1

      The same very good legal team that filed in two different EU courts as a Community action? Which is not legal at all, and pointed out by the very judgement Apple is now flouting? That crack legal team?

      Mart

      Naw, that was their very bad legal team that did that.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    33. Re:Contempt? by cbhacking · · Score: 1

      You would think that Apple, with its legions of design-ish type people, would know the difference between pixels and points. Are they just hoping that the judge doesn't?

      Or maybe they're hoping that the judge looks at it using a 72DPI screen and therefore 14px looks like 14pt.

      --
      There's no place I could be, since I've found Serenity...
    34. Re:Contempt? by mark-t · · Score: 1

      And if you check the actual notice Apple posted, you'll see that it's posted in 14 point Arial text

      I did check the actual notice. I also examined the css, and it is set to Arial, 14px. 14px is *NOT* 14pt.

    35. Re:Contempt? by Anubis+IV · · Score: 1

      Ah, right you are. Well, the only two defenses I can think of at this point are:

      1) Oops, pt, not px. Sorry.

      and

      2) Those font sizes were only present in the terms of Samsung's request and not in the judge's actual ruling on what Apple was required to do. Thus, they aren't binding.

  15. No shit by Anonymous Coward · · Score: 0

    "I order you to apologize!"

    "I'm really sorry." /sarcasm

    "He didn't sound sincere, your honor."

    1. Re:No shit by Anonymous Coward · · Score: 0

      The Court: "I order you to acknowledge the ruling!"
      Apple: "The court said they didn't infringe. Here's a direct quote from the ruling including the rationale the court used to find them non-infringing."
      Samsung: "Doh!"

    2. Re:No shit by Anonymous Coward · · Score: 0

      More like:

      Apple: The judge said our stuff is better than Samsung

      Soon:
      Judge: OK, divisional head of Apple UK, please make your way directly to Jail, do not pass Go, do not collect your bar of soap and please write a cheque for a million pound a day until someone in your company does it right, backdated to my original order.

  16. Re:Bitter hipsters... by Anonymous Coward · · Score: 0

    Kind of like Android fans when Google/Samsung does something that is obviously wrong...your point is?

  17. It wasn't by Kupfernigk · · Score: 4, Interesting

    It was three Appeal judges. This sort of thing really is a mistake where they are concerned, and I imagine they will be contacting one another about it on their Blackberries. If Apple now goes to the UK Supreme Court, they will not be very popular.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  18. Samsung, sue based insult! by Anonymous Coward · · Score: 0

    If this is meant to be apology, sue Apple for the insult it is! UK have notorious insult laws: http://reformsection5.org.uk/

  19. Good... by Kupfernigk · · Score: 0

    The UK can use the resulting trickle-down money from our legal system. English commercial courts are increasingly used as international courts because it's recognised that English judges are pretty corruption-proof; no-one has ever made that claim about courts in California or Texas, say. Well, perhaps they have, but then did anyone take it very seriously?

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Good... by Tastecicles · · Score: 0, Flamebait

      You've never sat in an English court, have you? I have, and can tell you from personal experience that English judges are FAR from incorruptible.

      --
      Operation Guillotine is in effect.
  20. Called it by NatasRevol · · Score: 4, Funny

    About a week ago.

    http://slashdot.org/comments.pl?sid=3194259&cid=41692165

    Apple will definitely go down this road.

    The judge gave clear language on how to display the apology, but not on what the apology should entail.

    Something like:

    "We apologize for implying that any Samsung product was as sleek or as easy to use as the (link to ipad page)Apple iPad.(\link)"

    --
    There are two types of people in the world: Those who crave closure
    1. Re:Called it by SuricouRaven · · Score: 2

      I award you one Internets.

    2. Re:Called it by Nerdfest · · Score: 0

      Cool, so did I.

    3. Re:Called it by NatasRevol · · Score: 1

      So, you hate the player AND the game.

      Shame on you. Don't hate the game.

      --
      There are two types of people in the world: Those who crave closure
    4. Re:Called it by SternisheFan · · Score: 1
      Now you just copied "NatasRevol's" post, though not exactly. Since "NatasRevol" in essence copied a pre-existing post, this court holds you blameless, hence no apology is necessary.

      By doing this, you two just saved millions in lawyer's fees!

    5. Re:Called it by Anonymous Coward · · Score: 0

      The next apology will hopefully run something like "The persons responsible for the previous apology have been sacked."
      Also, a moose once bit my sister.

    6. Re:Called it by NatasRevol · · Score: 1

      To be fair, I copied my own post, so copyright infringement is allowable and transferable. Unfortunately, I paid millions in lawyer fees to determine this.

      --
      There are two types of people in the world: Those who crave closure
    7. Re:Called it by gmhowell · · Score: 1

      The next apology will hopefully run something like "The persons responsible for the previous apology have been sacked."
      Also, a moose once bit my sister.

      Is she ok? M00se bites can be very nasty, you know?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    8. Re:Called it by Anonymous Coward · · Score: 0

      Trolling again, waldo? Is that all you can manage to do, waldo?

  21. cool by dotnose · · Score: 1

    Apple.. you just wait until my patent on coolness gets approved

    1. Re:cool by onemorechip · · Score: 1

      Well after reading the announcement or whatever we're calling it, I'd have to say it affirms my recently evolved judgment (over about the last two years) that Apple is the opposite of cool...So no worries, they are definitely not infringing your patent.

      --
      But, I wanted socialized health insurance!
  22. Apology Streisand Explosion by ciderbrew · · Score: 2

    It reads like a child saying sorry :) this has got to reach the news along with the follow case.
    I think Microsoft would have written a 10,000 word apology which read like a EULA. Every bit unread after the first title.

    1. Re:Apology Streisand Explosion by Anonymous Coward · · Score: 0

      It reads like a child saying sorry :) this has got to reach the news along with the follow case.
        I think Microsoft would have written a 10,000 word apology which read like a EULA. Every bit unread after the first title.

      Hehehe... that would have been elegant and funny. Court ordered apologies in civil lawsuits are just plain dumb.

    2. Re:Apology Streisand Explosion by Anubis+IV · · Score: 1

      A Streisand Effect is exactly the point. With an apology like this, it's sure to draw attention, but that means that they'll have more people on the Apple website just a few clicks away from buying an iPad, and all of them will be reading about how a judge stated in his official ruling that the "informed user" will appreciate the iPad, or how courts around the world have been ruling that Samsung's less popular device is a copycat product.

      True or not, that all plays right into Apple's hand. It's an extremely well-done piece of copywriting masquerading as a legal document.

    3. Re:Apology Streisand Explosion by mark-t · · Score: 0

      The words "sorry" or "apologize" are not anywhere in the text that Apple posted. It was merely a recitation of the fact that the court had concluded the things that it did.

    4. Re:Apology Streisand Explosion by Anonymous Coward · · Score: 0

      They were also nowhere in the text of the court order. An apology was a figment of the imagination of apple haters.

    5. Re:Apology Streisand Explosion by ciderbrew · · Score: 1

      The story is being reported as an "apology". The truth went out the window with the headline and I'm sure this is how a lot of news sources will run with the story too. I'm sure the judges didn't want that mockery of the judgment made.

  23. Re:It was there non-apologetic... by Anonymous Coward · · Score: 5, Funny

    Hey This post is just like every Apple product ever made. Not even close to first, but billed as such by the company and all the fanboners.

  24. Re:Bitter hipsters... by Anonymous Coward · · Score: 0

    Disregard both of my posts here, I am an M$ addict that likes to suck Sweaty B's and Bill Gates' cocks. Perfect payment for astroturfing for M$ here on $lashdot.

    Joe Wilcox

  25. Trying to be clever. by AdmV0rl0n · · Score: 4, Insightful

    My rough take on this, and one Apple should probably absorb globally, is that legal cases are what they are. If you are going to cry publicly that others are not following the 'law' - you don't really gain much from then being a jackass in cases where its been found you are wrong. Why now should Samsung behave in result of a ruling? If all make mockey of the process, then where does it lead.

    No, Apple need to be pulled back in court and to be hammered. Double hammered. And then hammered some more. Seems a deliberate and stupid attempt to deviate from the nature and spirit of the ruling laid down on them. This isn't marketing. This is a legal case. Trying to unleash the marketing idiots on it is a mistake, and is erroneous.

    Jobs in his younger days - pretty much stated that he stole everything, every idea, every good design and so on - as far as he could. Thats why he went to Xerox Parc and was so taken with a GUI - the same as Paul Allen - 'one day every computer will use that' - Its sad that in the end - he failed to understand that anyone imitating their work is in a way paying a form of homage to them - and their early spirit. And later it seems legalese and not innovation has become the guiding light. Somewhere - someone got lost.

    Where would Apple be if Xerox (parc) had walked up to early Apple and crushed them in a court case. Where would the innovation be. Its too simplistic really - but you get the point.

    --
    We`re all equal .. Just some of us are less equal than others.
    1. Re:Trying to be clever. by Anonymous Coward · · Score: 0

      Stop with this FUD. Apple licensed from Xerox.

    2. Re:Trying to be clever. by Anonymous Coward · · Score: 0

      Apple paid Xerox a million dollars in stock to license their design.

      How much did Samsung pay for the license they got from Apple?

  26. This clearly goes against the ruling by Myrv · · Score: 5, Insightful

    The judges ruling clearly states:

    As a result of his second judgment, Judge Birss ordered that:

            Within seven days of the date of this Order [18th July 2012] [Apple] shall at its own expense (a) post in a font size no smaller than Arial 11pt the notice specified in Schedule 1 to this order on the homepage of its UK website ... as specified in Schedule 1 to this Order, together with a hyperlink to the Judgment of HHJ Birss QC dated 9th July 2012, said notice and hyperlink to remain displayed on [Apple's] websites for a period of six months from the date of this order or until further order of the Court (b) publish in a font size no smaller than Arial 14pt the notice specified in Schedule 1 to this Order on a page earlier than page 6 in the Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine.

    And

    The material part of the notice specified in Schedule 1 reads:

            On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given]

    The judge specifically spelled out what Apple was suppose to post. Apple didn't follow these instruction by attaching all the other cruft to the ad therefore they haven't fulfilled the court order.

    1. Re:This clearly goes against the ruling by arekin · · Score: 1

      "the notice specified in Schedule 1 to this order on the homepage of its UK website" Its also not on apples homepage, its linked from apples homepage and posted elsewhere.

      --
      Disagreeing with you does not make me a troll.
    2. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 1

      Odd....i read what Apple posted and I have read what the judges order.
      I cannot say if the publications section was met as I do not have immediate access to those european publications.

      But i do not see anything that does not meet the requirement. Oh it may not be as you would like it to read, but it does meet the requirements laid out in the order.
      I expect that a team of lawyers have reviewed this from all angles.

      Simply put...your nerd rage is simply without merit and does not hold any sway. Go cry someplace else.

    3. Re:This clearly goes against the ruling by Dixie_Flatline · · Score: 5, Insightful

      Apple DID post those things in the notice. They followed (as near as I can tell, though IANAL) the precise letter of the law. I do not see anywhere anything that says that they must ONLY post the notice specified in Schedule 1. In fact, they posted the stuff they were supposed to at the TOP of the text, not in the middle or anything. You can stop reading after the court-appointed 'apology' and not read any of the rest of the propaganda.

      Listen, I know Apple is getting less popular by the day around here, but they did exactly what they were told to by the courts. If the courts wanted something else, they should have been more specific. Don't tell me that Apple should have gone out of their way to be more apologetic than they were supposed to or they shouldn't have spun this in their favour if they could find it. Specificity in the law is a big deal; contracts have been invalidated on the basis of INDIVIDUAL PUNCTUATION MARKS.

      It is the nature of the laws and the legal system surrounding patents that needs changing, if anything. Every actor in the system will work to the absolute edges of the legal system. Don't tell me that Samsung wouldn't have done the same, given the chance. Or Microsoft. Or even Google, who is less angelic than we like to delude ourselves into believing. It's all a giant game to them; don't expect them to be altruistic or contrite.

    4. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      The judge was very specific about the minimum font SIZE of it all.. So I can see Apple posting the apology in Wingdings 14pt :)

    5. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      Doesn't matter if it follows the law to the letter, they're making this a joke.

      But they forget one thing. That isn't America, and right now the EC is watching, and when they meet ... well, Microsoft can tell the rest of the story better.

    6. Re:This clearly goes against the ruling by Anubis+IV · · Score: 1

      What cruft? That notice was all they had to post, and it's the very first line in what they posted. That said, I do agree that they seem to have posted it in the wrong place, since that line belongs on the front page, rather than being on a page that is linked from the front page.

    7. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      According to Chrome, the text on the home page has a size of 11px, not 11pt... if you change it to 11pt it's much bigger. Might be petty, but then petty is what this is all about isn't it?

    8. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      They followed (as near as I can tell, though IANAL) the precise letter of the law. .

      No, they did not follow it as required. Ruling says "on the homepage of its UK website". They have posted in a separate page, which has a small link from the UK homepage.

    9. Re:This clearly goes against the ruling by thaylin · · Score: 1

      So, one of your kids does something wrong to your another kid. You tell kida to apologize, so he turns to kig be ans says mom/dad told me to apologize, and that I dont agree with them and walks off. Is that an apology? Apple did not follow the letter of the law, they stated what the court says, and then said they disagree. The court said they were to apologize, they didnt apologize.

      --
      When you cant win, ad hominem.
    10. Re:This clearly goes against the ruling by Cl1mh4224rd · · Score: 1

      Apple DID post those things in the notice. They followed (as near as I can tell, though IANAL) the precise letter of the law. [...] You can stop reading after the court-appointed 'apology' and not read any of the rest of the propaganda.

      That's like if someone read a court-ordered statement and then rhetorically asked "but what does this judge know" at the end of it. Sure, the first part fulfills the court order, but the last part is obvious contempt. I'm surprised anyone could see it any other way.

      Now, I doubt that anyone would be fooled that Apple was sincere in their "apology" if they hadn't added all of that extra stuff, but that doesn't mean it's OK to slap the judge(s) across the face.

      --
      People will pass up steak once a week, for crap every day.
    11. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      As I (and several others) have pointed out previously, the ruling on the appeal of the original order tweaked the original order to allow the link to a dedicated page. Please keep up.

    12. Re:This clearly goes against the ruling by cmdrbuzz · · Score: 1

      If you are reducing this to getting your child to apologize, then the moment Samsung apologize for copying and free-riding from the work of Apple, /then/ you can start looking for Apple to back down.

    13. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      Strange. According to Firefox, the text of the notice itself (which is what the size requirement was for) is 14px Arial, which (having done a quick comparison) is, as near as I can tell, the same size as 11pt Arial.

    14. Re:This clearly goes against the ruling by Dixie_Flatline · · Score: 1

      I'm well aware of the differentiation of the letter and the spirit of the law. It is arguable that they broke the spirit of the ruling. However, they HAVE made the information available that the UK court said that they did infringe on Samsung's patent. Caveat emptor, right?

      But like I said, the law is not something that you play horseshoes with. That's why 'legalese' is such impenetrable gibberish. In some (many?) cases, there's an obvious attitude of obfuscation, but legalese is often so convoluted as to be as precise as possible. Exhaustive lists are noted as such. Lists that are not exhaustive are ALSO noted as such. (As an example I can remember, the Canadian Charter of Human Rights and Freedoms specifically notes that the list is not exhaustive, and not appearing on the list does not mean you're not afforded the protections of the Charter. It merely lists obvious categories as examples.)

      The judge is no dummy. I'm sure he knew the implications of the decision he was handing down, and he wrote it the way he wanted to write it. He knows the players in the game, and he knows the stakes. Apple is not new in its legal aggressiveness; many companies before have had slippery lawyers and lots of money.

      Finally, it wouldn't have mattered. Say Apple adhered to the strict spirit of the decision in the sense that they put up a page with just the prescribed text, and printed ads in the paper reading the same. Do you think they wouldn't have a link on their front page in much bigger font touting their legal victories? The Judge just told them how big the apology had to be, not how big surrounding propaganda had to be. And if they take out a full page ad in the paper, you think they don't have the money to take out an ad on the facing page also explaining that they won big victories in other courts? These are trivial problems to work around that you can only stop if you take away Apple's right to advertise at all, and no court would reasonably be able to do that.

    15. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      If in one breath you say what you're suppose to say and in the next you undermine it, I don't think that's what any judge/intelligent person would call complying. That's beside the point that they've failed to put the information where it was told to be put.

    16. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      IANAL either, but I have followed this case closely and have a very strong impression that UK judges aren't like their US counterparts. In the US, maybe it is a good idea to game the system to the limits of the letter of the law. The UK seems to have a much less childish approach. I predict this judge will react as if Apple had flipped him the finger.

      Even if it's all "a giant game", there are individual people in the process. I'm pretty sure that it will be within the judge's discretion to find Apple in contempt. Apple's reps in this matter may pay for their lack of contrition with an overnight jail stay.
       

    17. Re:This clearly goes against the ruling by Myrv · · Score: 1

      The required content of the notice was clearly given. Adding stuff before or after the specified content changes the notice from what was specified. If they wanted to post a second ad/webpage giving their point of view they were well within their rights to do so. But by combining the two into one they didn't fulfill the order. The order states the material part of the notice should contain the "apology". One can hardly claim the material part of Apple's notice was the prescribed message. You have 2 lines of text followed by 5 paragraphs denigrating them. The material part of the notice is no longer the prescribed text so they didn't satisfy the order.

    18. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      It's amazing how many lawyers are posting on Slashdot today, and in this story to boot!

    19. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      i think you're having a brain fart. let me highlight some things:

      ...post in a font size no smaller than Arial 11pt the notice specified in Schedule 1 to this order on the homepage of its UK website

      the homepage of apple's UK website does not contain the notice specified in Schedule 1
      the instructions clearly state the notice is to go on the homepage of apple's UK website
      the only reference is a link called 'Samsung / Apple UK Judgment"
      the link is in a font size smaller than Arial 11pt (it's using 11px instead)

    20. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      IANAL either but while they didn't have to go further in regards to an apology than what they did. They also didn't need to spend about a page and a half basically bad mouthing the decision(by saying other jurisdictions disagree with this judge) and then saying that the court decided that the ipad was cooler and basically give the impression that the court felt sorry for this device.

      I don't think anything will come of it, I know some people around here are saying that they didn't follow the spirit of the order. That's something who is a lawyer or in this case a judge will have to decide. What I do know is that this whole thing is mean spirited and makes them seem like they are small child forced to apologies for something they feel wasn't their fault.

      I know when Steve Jobs was around he would write similar letters about far less but he always had more tact it would seem than this.

    21. Re:This clearly goes against the ruling by gnasher719 · · Score: 1

      Voted up as "+5 informative" and totally wrong. Fact is: Samsung asked for this to be put on Apple's home page. The judge decided that it should _not_ go on Apple's home page. But maybe Samsung could put on _their_ homepage that Samsung's tablets are not cool enough. That they tried to copy the iPad but failed.

    22. Re:This clearly goes against the ruling by Anonymous Coward · · Score: 0

      They did however manage to make it sound like the UK courts failed to recognize their truth.

  27. The judge is going to be pissed. by Anonymous Coward · · Score: 4, Insightful

    Try fucking with the judge and you and your solicitor are in DEEP SHIT.

    1. Re:The judge is going to be pissed. by Anonymous Coward · · Score: 4, Interesting

      Not to mention their libelous assertions that the US case found the Galaxy Tab had infringed when it was specifically specified by the jury that it didn't.

    2. Re:The judge is going to be pissed. by Anonymous Coward · · Score: 2, Informative

      They did exactly what the judge asked. I don't know why you guys think otherwise. You're expecting Apple to come out and say "we suck and we don't deserve any dignity", but that's not what the judge asked for.

      Even if the judge says they can't mention those other things in there, how enforceable is that really? Apple will just advertise those other details prominently elsewhere on their site. I don't see how a judge can force Apple not to mention other court cases anywhere on its website.

      Look, I don't like Apple and won't ever use Apple products, but there is a clear lack of rationality in the posts here.

    3. Re:The judge is going to be pissed. by Theaetetus · · Score: 2

      Not to mention their libelous assertions that the US case found the Galaxy Tab had infringed when it was specifically specified by the jury that it didn't.

      Not sure how this got a +5 insightful, considering the statement doesn't say that at all:

      A U.S. jury also found Samsung guilty of infringing on Apple's design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc.

      That statement is entirely true, and doesn't mention the Tab.

  28. Re:It was there non-apologetic... by Lord+Lemur · · Score: 2

    No, he was proactively copied in look and feel of his first post by TWX. TWX then just made is post less cool, so that it would be differentiated. Look at all those extra words.. is that an adverb?! It's a mockery of the simplicity of AC's post.

  29. Get off the bandwagon by StripedCow · · Score: 3, Insightful

    And this, Apple fanboys, is how Apple will treat you if you ever (consciously or unconsciously) cross Apple's road. Or if Apple decides to cross your road.
    With contempt.

    Draw rounded rectangle on your iPad? Forbidden. Make a successful iOS app? Apple will copy it, and reject your app from the app store.

    It doesn't matter how many iDevices you own, Apple will bite you in the end. And it will make everybody believe that you were the bad guy.

    So please, for your own sake and for ours, get off the bandwagon while you still can.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:Get off the bandwagon by Anonymous Coward · · Score: 0

      Calling people "fanboys" and then making some totally oversimplified claims is pretty bad. Perhaps you wanna think about what the pot's calling the kettle?

    2. Re:Get off the bandwagon by geek · · Score: 4, Interesting

      I worked for Apple a couple years ago. While my experience was generally positive, I can say without hesitation that Apple denies everything until it is absolutely not possible to deny it anymore. Then they turn their back and walk away.

      The arrogance at Apple at anything above a director level is astounding. I remember when the Mac Malware stuff first hit and little old ladies were getting gay pron popping up on their screen. Apple's officlal policy was that it wasn't their problem and no Applecare reps were allowed to even confirm the problem existed or help get rid of it. It took over a month for them to release a software update to scan and remove it and even after that they wouldn't publicly take responsibility for Safari automatically opening "safe" files.

      Apple is their own worst enemy in this regard.

    3. Re:Get off the bandwagon by Anonymous Coward · · Score: 0

      I must remember to post this when the term fandroid is used here

    4. Re:Get off the bandwagon by Anonymous Coward · · Score: 0

      Nope I like here just fine.

    5. Re:Get off the bandwagon by Anonymous Coward · · Score: 0

      And this, Apple fanboys, is how Apple will treat you if you ever (consciously or unconsciously) cross Apple's road. Or if Apple decides to cross your road.
      With contempt.

      Draw rounded rectangle on your iPad? Forbidden. Make a successful iOS app? Apple will copy it, and reject your app from the app store.

      It doesn't matter how many iDevices you own, Apple will bite you in the end. And it will make everybody believe that you were the bad guy.

      So please, for your own sake and for ours, get off the bandwagon while you still can.

      Since most of the people on this site seem so emotional and berift of objectivity (they "hate" Apple and are "angry" and talk about Apple "fanboys,"), I see no reason to not state the obvious: "most of you seem to be little more than petulant, insecure, whiny geeks (probably with pocket protectors and living in your mommies' basement) who mentally masturbate with the delusion that you are better (some how) than the hundreds of millions of people (as an Android or RIMjob FANBOY) , merely because they are *more* than genuinely happy with products from Apple that are---in fact---insanely great.

      Get over yourselves. Get a life. Get laid. Get something that allows you to merely buy the phone or device of your choice and not be so batshit, phucking crazy stupid over one goddamned company.

      One word describes you losers: pathetic.

    6. Re:Get off the bandwagon by Scowler · · Score: 0

      How can this post possibly be modded insightful? It is 100% a troll.

    7. Re:Get off the bandwagon by Anonymous Coward · · Score: 0

      > I remember when the Mac Malware stuff first hit and little old ladies were getting gay pron popping up on their screen.

      Since you remember it then _please state the name_ of this malware that pops up gay pron.

      Of course it doesn't exist; just more lies from another spotty slashdot apple fucking hater (and the lies of course modded 'Interesting').

  30. My favorite non-apology by willoughby · · Score: 4, Funny

    In the Tracy Kidder book, "The Soul of a New Machine", he documents a year or so with the engineering team designing a new computer. Time pressure... long hours... high tension... and finally one of the engineers called one of the others an asshole.

    The project manager called the fellow into the office & explained that we all need to be able to work with each other... yadda yadda.... and you must apologize to him.

    The fellow left the office, approached the other engineer and said, "I'm sorry you're an asshole".

    1. Re:My favorite non-apology by rwise2112 · · Score: 2

      This is my favorite:

      Black Keys to Nickelback

      --

      "For every expert, there is an equal and opposite expert"
  31. Re:FUCK APPLE by Anonymous Coward · · Score: 0

    Me neither. sick of their antics and their BS patent trolling and whatnot. Overpriced crap. CRAPPLE!

  32. Maybe the Judges _wanted_ just this by redelm · · Score: 3, Interesting

    Sure, this looks like mockery to us unrobed and unwigged. But look at it from the Judges PoV: they know that one or both litigants will hate them. Part of the job. What judges dislike is being overturned on appeal -- especially if they've "gone too far" (rather than missing facts).

    Apple has just seriously impaired any appeal: They've spent alot of money to voluntarily quote the ruling -- they must agree with it, or at least that [foundational] part. Apple can plead compliance with the order, but not with respect to the material chosen. That was entirely their own choosing.

    The law grinds fine, and it is not unusual to have things work out completely the opposite of knee-jerk first appearances. Life, too. I expect the UK justices will close ranks and not reward bad behaviour.

  33. Contempt of Court by jvkjvk · · Score: 1

    So, who should the judge jail, Apple's CEO?

  34. It's very... hidden. by Anonymous Coward · · Score: 0

    I went on their site to see where they posted it... took a good 5 minutes to find the tiny link in the footer. (Next to the privacy policy and use of cookies links that nobody ever cares about.)

    And then they don't even THEME the page with their excuse! Like they don't want it to have their logos or css endorsing that it's even still their site.
    I think the judge was just looking for 4 words along the lines of "Samsung did not infringe." rather than 6 paragraphs of a technical explanation on what that judge said and where he was wrong. It's like asking your dad if you can have something you know your mother would never let you have, and claiming she already said it was okay.

  35. Prevents JurisDICKtion Shopping by Anonymous Coward · · Score: 0

    The court clearly wanted Apple to point out the decision, so it would influence other courts around the world and prevent Apple from 'Jurisdiction shopping'. So for example many companies file claims in Texas because the courts there almost always find in favor of the US company regardless of the bogus nature of the patents claims, or the troll nature of the claimant.

    So Judge just wants to make it clear that courts have examined these in details and found the claim to be baseless.

    Apple on the other hand want to pretend they invented the rounder rectangular tablet form factor, and not just the first to successfully sell it, and many Judges do not know that Apple copied multi-touch, weren't the first to use a camera icon for a camera, even their whole iMac computer was a Parc copy.

    So yeh, Apple are being dicks, trying to keep the patent trolling going, even after losing a decision. But the Texas $1 billion has to be overturned soon, the jurist gave the game away. Tim Cook really doesn't seem to be up to the role. Apple continues on incremental upgrades, but there's no visionary there, just a dick.

  36. Maybe I'm childish, too... by OldSport · · Score: 1

    ...but something about the "fuck you, everyone" wording of that message made me never want to buy another Apple product, ever.

  37. Not Union Jack by minasoko · · Score: 1

    Union flag, unless Apple's web server is hosted in a floating datacentre somewhere in the Atlantic.

    1. Re:Not Union Jack by NatasRevol · · Score: 1

      Yes, Union Jack.

      http://en.wikipedia.org/wiki/Union_Jack

      "Union Flag" redirects here

      Pedantic fail.

      --
      There are two types of people in the world: Those who crave closure
    2. Re:Not Union Jack by Anonymous Coward · · Score: 0

      "It is often stated that the Union Flag should only be described as the Union Jack when flown in the bows of a warship, but this is a relatively recent idea. From early in its life the Admiralty itself frequently referred to the flag as the Union Jack, whatever its use, and in 1902 an Admiralty Circular announced that Their Lordships had decided that either name could be used officially. Such use was given Parliamentary approval in 1908 when it was stated that "the Union Jack should be regarded as the National flag".

      http://www.flaginstitute.org/index.php?location=7.2

    3. Re:Not Union Jack by mrbester · · Score: 1

      No, Union Flag. A jack is a name for the stick a flag is flown from, usually at the stern of a Royal Navy ship (not "boat", as that is a submarine). I don't give a shit if Wikipedia says otherwise.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    4. Re:Not Union Jack by NatasRevol · · Score: 1

      The British Navy disagrees with you.

      Your move.

      --
      There are two types of people in the world: Those who crave closure
    5. Re:Not Union Jack by Anonymous Coward · · Score: 0

      No its the Union Flag.

      Quoting wikipedia is as fact is fail.

    6. Re:Not Union Jack by mrbester · · Score: 1

      The monarch (who outranks the Navy) says it isn't. To be more accurate, King Charles I called it that in 1684, and King George III in 1801. Brenda hasn't declared it otherwise, therefore the terminology stands.

      Your move.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    7. Re:Not Union Jack by NatasRevol · · Score: 0

      The British Naval Admiralty said either use is fine. In 1908.

      Suck eggs.

      --
      There are two types of people in the world: Those who crave closure
    8. Re:Not Union Jack by Anonymous Coward · · Score: 0

      Considering the inherent insanity of damn near every family in our long history of monarchs, citing them as experts of anything other than syphilis is bloody naive. Let alone the fact that their words mean less than shit to the ~5-10 million of us living outside of the English borders.

      As for your original point - fighting against the progress of the English language and its ever changing nature is about as smart as pissing into the wind. I've lived here for 28 years and counting and I've never heard it called anything but the Union Jack - thus it is.

    9. Re:Not Union Jack by mrbester · · Score: 1

      Common use != correct use. I'm a native so bite me.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  38. Good Statagy by arekin · · Score: 1

    Post a link on the front page, People click it and read this "non-apology". If Apple gets called to court to change it, they do, but they don't change the link on the front page, so people who frequent their page see the link and assume its the same link, never see the real apology. If a judge was smart he would make the entirety of this was posted on the front page to make sure people saw it.

    --
    Disagreeing with you does not make me a troll.
  39. Re:It was there non-apologetic... by MachDelta · · Score: 1, Funny

    And, just like an Apple product, you can't edit it!

  40. Lucky Jurisdiction by interval1066 · · Score: 1

    Good thing for all the case wasn't tried in an Italian court, they would have found Apple guilty of voodoo and causing a small gnome dancing on Samsung's spleen to put Samsung's bodily humours out of balance.

    --
    Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
  41. What they'd say under truth serum... by Coisiche · · Score: 1

    "So while the U.K. court did not find Samsung guilty of infringement, other courts have..."

    ...been far more open to bribery, we mean persuasion, yes persuasion. And we don't really need the UK market, it's too small and their populace gets upset about corporations evading, I mean avoiding, legally avoiding, tax.

  42. I should in honesty add by Kupfernigk · · Score: 0

    That I don't know for certain that the Appeal judges use Blackberries. It was just a throwaway observation - BB is still popular in the UK, though iPhones are also common in the legal profession. If this makes anyone to mod the parent overrated, please feel free.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  43. Um... by Kupfernigk · · Score: 1

    My family is slightly infested with lawyers, and my observation can easily be verified. If you have evidence of judicial corruption it is your duty to lay it before the CPS - there are rare cases of judicial corruption and they get prosecuted.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:Um... by Tastecicles · · Score: 1

      I have produced documentary evidence in the form of court transcripts and various other documents to the CPS who have quietly dropped investigations purely on the basis of who I was accusing. Said individuals presided over Family Proceedings tribunals at various levels from Family & Youth Centres to County level to the RCJ. I have also bought private criminal prosecutions against same said individuals, the results of which included backroom threats and open misfeasance in public office. Now where do I go with that, pray tell? Because the CPS sure as hell won't touch it.

      --
      Operation Guillotine is in effect.
    2. Re:Um... by gmhowell · · Score: 1

      Ran afoul of CPS and have proof of incompetence and/or corruption by courts? Lemme guess, you're a father?

      I also notice mister "I have lots of lawyers in my family" hasn't yet replied...

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    3. Re:Um... by Tastecicles · · Score: 1

      you be absolutely spot on, but I've also represented others.

      --
      Operation Guillotine is in effect.
    4. Re:Um... by Anonymous Coward · · Score: 0

      gmhowell proves his incompetence once again. Attorneys don't waste time on trolls like you.

  44. One for the lawyers to fight over... by mark-t · · Score: 2

    Apple was told to acknowledge the court's decision.

    Rather than acknowledge *WHAT* the court decided, however, all Apple really did was acknowledge *THAT* the court had decided it, and then specifically spelled out what it was that the court decided. I'm not entirely sure that a mere recitation of what all the court had decided, since this is spelled out in the court decision that is linked to anyways, could reasonably be interpreted as an actual acknowledgement of it.

    I guess it remains to be seen if that sort of thing will satisfy a UK judge. Also, I'm pretty sure that's not 14 pt text (14 pixels, yes, but not 14pt).

  45. Apple style apology! by Lemming+Mark · · Score: 1

    This really is an Apple style acknowledgement of fault - I'm reminded on when some iPods were found to be carrying a Windows malware, which then infected some PCs...

    http://www.apple.com/support/windowsvirus/

    Key quote (emphasis mine): "We recently discovered that a small number - less than 1% - of the Video iPods available for purchase after September 12, 2006, left our contract manufacturer carrying the Windows RavMonE.exe virus. This known virus affects only Windows computers, and up to date anti-virus software which is included with most Windows computers should detect and remove it. So far we have seen less than 25 reports concerning this problem. The iPod nano, iPod shuffle and Mac OS X are not affected, and all Video iPods now shipping are virus free. As you might imagine, we are upset at Windows for not being more hardy against such viruses, and even more upset with ourselves for not catching it."

    They do have chutzpah.

    1. Re:Apple style apology! by Anonymous Coward · · Score: 0

      This really is an Apple style acknowledgement of fault - I'm reminded on when some iPods were found to be carrying a Windows malware, which then infected some PCs...

      http://www.apple.com/support/windowsvirus/

      Key quote (emphasis mine): "We recently discovered that a small number - less than 1% - of the Video iPods available for purchase after September 12, 2006, left our contract manufacturer carrying the Windows RavMonE.exe virus. This known virus affects only Windows computers, and up to date anti-virus software which is included with most Windows computers should detect and remove it. So far we have seen less than 25 reports concerning this problem. The iPod nano, iPod shuffle and Mac OS X are not affected, and all Video iPods now shipping are virus free. As you might imagine, we are upset at Windows for not being more hardy against such viruses, and even more upset with ourselves for not catching it."

      They do have chutzpah.

      fixed it for you

      (capture is remorse - how appropriate).

  46. I've read the apology and I want a Samsung by Anonymous Coward · · Score: 0

    I've read the apology and I want a Samsung. That's all that it makes want to do. Basically they are saying one place said Apple products are cooler and another said they are just as cool because they stole the look. And in my mind I see regular people thinking: " Hum it's the same thing but cheaper and as usual its cheaper from Japan."

    I know, I know forgive me on the stereotypes.

  47. Star Trek as prior art by Anonymous Coward · · Score: 0, Insightful

    We have prior art in the form of fictional TV shows definitely showing this stuff to us in the eighties (IE, Star Trek:TNG's "PADD")

    I find it hilarious that someone feels that a fictional depiction should be used as evidence that the actual manufacturer of a device should not be given credit.

    But by your logic, if I developed faster-than-light travel or instantaneous matter teleportation tomorrow, I would not be entitled to profit from it. It would be perfectly fair for someone to take my design, make it in China for the cost of materials and slave labor, and sell it. For the benefit of humanity, of course; and fuck me for trying to withhold such an advance in human progress for my selfish purposes.

    1. Re:Star Trek as prior art by jakimfett · · Score: 5, Insightful

      No, you missed his point, I do believe. What he's saying is that if someone else had the Idea, you shouldn't be able to patent the Idea and prevent other people from making money by using that Idea.

      Make money? Sure you can make money. Go right ahead. But enough with this bullhucky about "I had the idea of a more or less rectangular device that has curves on it" that Apple has pulled in the last few months. Because that, my friend, is complete and utter idiocy.

      --
      Bits of code, random ramblings: jakimfett.com
    2. Re:Star Trek as prior art by dintech · · Score: 4, Insightful

      I think everything that was bad about Microsoft's market defensiveness which made it 'the brand of squares' was also what pushed people to Apple. Now that Apple is the same if not worse, I would expect to see the trendy crowd leaving in their droves if they had somewhere to go.

      Apple as a corporate brand looks like a cynical, egotistical, dominance protecting bullshit artist. I know, I know, it's all about the shareholders but it seems really at odds with their hipster marketing.

      Within the next few years, there's space for a new 'fashion electronics' brand to replace Apple. I don't think that's going to be Nokia, Microsoft, RIM or Samsung but who knows.

    3. Re:Star Trek as prior art by shugah · · Score: 4, Informative

      These are not functional patents, they are design patents. The TV depictions, in terms of design/trade dress show that the design is not novel and as there are multiple such TV/movie examples, obvious.

      --
      If you aren't part of the solution, then there is good money to be made prolonging the problem
    4. Re:Star Trek as prior art by the_B0fh · · Score: 1

      Does the slashdot crowd really believe this is about rectangular devices with curves?

    5. Re:Star Trek as prior art by Dragonslicer · · Score: 5, Informative

      Does the slashdot crowd really believe this is about rectangular devices with curves?

      The people that have looked at the design patent in question, yes.

    6. Re:Star Trek as prior art by PoolOfThought · · Score: 1

      It's not an "idea". It's a design. And the fact that Samsung's were different AT ALL is why Apple lost out. It would be total garbage if Ferrari were to make a new, super sleek car and then someone from Honda came along and just copied it outright and then sold it at a lower price point. So the design patent keeps that from happening - as it should. The same is true with smaller devices. Even electronic ones.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    7. Re:Star Trek as prior art by PoolOfThought · · Score: 1

      All of the people that modded this down are confused. You think if someone actually invents a "flux capacitor" and makes it work that they shouldn't be able to patent it? Just because they saw something in a movie? People, that doesn't mean that it is off limits in terms of being invented. Having an idea and having actually invented something are two very different things.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    8. Re:Star Trek as prior art by Solozerk · · Score: 1

      But by your logic, if I developed faster-than-light travel or instantaneous matter teleportation tomorrow, I would not be entitled to profit from it.

      Nope - bad comparison. A better one would be you developing a FTL module when the tech is already readily available (and has been for a while), and then suing another company that is developing their own FTL module because theirs has a similar physical shape as yours, and its interface has similarities. It's retarted, serves no purpose, and stifles innovation.

    9. Re:Star Trek as prior art by Anonymous Coward · · Score: 3, Insightful

      You are confused. Apples patent is a DESIGN PATENT. What that device actually does or its purpose is not relevent. It could a kids toy, a piece of plastic, or a portable nuclear reactor that fits inside that design. If that design was shown before, it was prior art. The operation of the procut iside that design has completely different patents.

      People have been building skyscapers for mixed office/business/condo use for years, many of them have design patents with them. The petent there is the design, not what is inside and the actual purpose of the building.

    10. Re:Star Trek as prior art by sootman · · Score: 5, Insightful

      How many times do we have to beat this into the ground? You CAN get protection on design. This was not just about "rounded rectangles." All bottles share many characteristics, but try selling a soda in a curvy bottle that looks just like Coke's and see where that gets you. All cars share many characteristics, but Chevy can not make a car that looks just like a Mustang and Ford can not make a car that looks just like a Camaro. There are MANY ways to make a tablet that don't consist primarily of a black rectangle with parallel sides and a bezel of a certain width and with chrome trim.

      http://en.wikipedia.org/wiki/Trade_dress

      It may or may not be bullshit but that's the law as it stands. There is a continuum between "totally different" and "virtually identical" and that's where the courts come in. Samsung COULD have played it safe and EASILY made products that look different from Apple's but instead they said "let's copy Apple as much as we can and take our chances."

      http://allthingsd.com/20120806/iphone-caused-crisis-of-design-at-samsung-memo/

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    11. Re:Star Trek as prior art by Dragonslicer · · Score: 2

      I'm not arguing that design patents shouldn't be allowed. All I meant is that the design patent that was asserted against Samsung really is just a rectangle with rounded corners. The only other elements that one could possibly argue are required by the design are what appear to be an LED and a connector of some kind, but it isn't all that clear what they are supposed to be.

    12. Re:Star Trek as prior art by Raenex · · Score: 1

      Apple as a corporate brand looks like a cynical, egotistical, dominance protecting bullshit artist. I know, I know, it's all about the shareholders but it seems really at odds with their hipster marketing.

      The hipsters and fanboys think that others are copying Apple and deserve to be sued.

    13. Re:Star Trek as prior art by the_B0fh · · Score: 1

      I could have sworn the court case was not based around one single design patent.

    14. Re:Star Trek as prior art by Dragonslicer · · Score: 1

      The recent case in California also involved several utility patents. I don't remember offhand if there were any other design patents.

    15. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      That's all fine, except for the fact you can not patent an Idea.

    16. Re:Star Trek as prior art by farble1670 · · Score: 1

      I find it hilarious that someone feels that a fictional depiction should be used as evidence that the actual manufacturer of a device should not be given credit.

      apple patented a design, not an implementation. they didn't patent the processes used to manufacture the ipad or components of the ipad. they didn't patent some super-special piece of technology that made the ipad possible. they patented things like icon shapes, form factor, look & feel, gestures.

      the things they patented are nothing more than the fictional depictions you see in the movies and TV.

    17. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      All of the people that modded this down are confused. You think if someone actually invents a "flux capacitor" and makes it work that they shouldn't be able to patent it? Just because they saw something in a movie? People, that doesn't mean that it is off limits in terms of being invented. Having an idea and having actually invented something are two very different things.

      This. By these people's logic, if I invented a warp drive or a working phaser, I couldn't patent them because they were depicted on Star Trek in 1966.

      A device that is depicted in a fictional story and brought alive solely through the magic of special effects doesn't qualify as prior art. So all of these examples of Bowman and Poole watching movies on a tablet in 2001 or Picard using a PADD in ST:TNG *don't count.* For something to qualify as prior art, the device depicted has to actually be a real device that functions as described.

    18. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      All these laws are fucking disgusting and hinder advancement

    19. Re:Star Trek as prior art by farble1670 · · Score: 1

      seriously? it's the difference between the design patent and a functional patent. apple patented the design / look / feel of the ipad, not the technology.

    20. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      Does the slashdot crowd really believe this is about rectangular devices with curves?

      Apple's lawyer seemed to think so when they were trying to get this decision overturned:

      “I say he was wrong to take these aspects [of colour] into account at all,” said Mr Silverleaf today.

      “This [the iPad] is a design about shape. You don’t make a non-infringing design by making the same shape and decorating it."

    21. Re:Star Trek as prior art by Smauler · · Score: 2

      We have to beat into the ground until people admit making a rectangle with rounded corners is about the only way to make a tablet. It's not about someone stealing someone else's design.

      Look - if there were lots of other ways to make a tablet PC that were not a rectangle with rounded corners, that would be fine.

      The issue is not that there are protections on specific shapes or designs (that's another argument), the issue is that Apple tried to enforce these protections on a rectangle with round corners. Tablets basically can only be rectangles with round corners.

      How many times do we have to beat this into the ground?

    22. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      If it is a DESIGN PATENT then surely it matters not? The designers I work with create fictional shit all the time - it's our job to make it real.

      http://i183.photobucket.com/albums/x54/TrueX-Ray/TNG%20Caption%20This/TNGCaption105e.jpg Looks pretty rounded to me. That hand is clearly Steve Jobs trying to steal it through some kind of time tunnel.

      BTW - Apple make their stuff in China for the cost of materials and slave labour and sell it. Why should they be able to copy existing designs and not Samsung?

    23. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      Does the slashdot crowd really believe this is about rectangular devices with curves?

      The people that have looked at the design patent in question, yes.

      And exercised typical selective reading skills.

      If Coca-Cola were Apple, Slashdot would be deriding them for "patenting the round soda bottle."

      Thankfully, even Pepsi has a more original product team than Samsung, so it hasn't come up.

    24. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      I'm not arguing that design patents shouldn't be allowed. All I meant is that the design patent that was asserted against Samsung really is just a rectangle with rounded corners. The only other elements that one could possibly argue are required by the design are what appear to be an LED and a connector of some kind, but it isn't all that clear what they are supposed to be.

      Don't you think that, perhaps, if it really was that simple, even the most brain-dead patent attorney would have figured that out and gotten it thrown out of court in about ten seconds flat?

    25. Re:Star Trek as prior art by PoolOfThought · · Score: 1

      I don't think I'm confused. I know I'm not confused about what I said, but I suppose I could have misunderstood the OP. Scroll down a few comments or click on my name and see the other comment on this top and you'll see that I very clearly explained to someone else exactly what you just shared. It's two different topics. One is on design patents and the other is on what counts as "prior art" of a utility patent.

      My comment (that you responded to) is a response to TWX's assertion that because something was shown in Star Trek or Back To The Future that it is somehow prior art (for a utility patent) - an absurd concept. If, however, TWX was actually discussing the design patent problems then he's still wrong and perhaps even more so than I originally thought. None of what was seen on Star Trek, etc was an exact copy of the iPad's design. And, as you no doubt know, design patents are extremely specific. So if the iPad was different than a Trek based handheld then it was just different... nothing else really to be said. Which explains why in this case the judge said, "Ummm... Apple, you do realize this Samsung device looks different in these certain ways, right? Good. Case dismissed. Now say you're sorry and go away."

      Don't get me wrong, I don't think you're wrong about the meat of what you said... You just described design patents. I just think it was out of place, but that might be because we have two different interpretations of what the OP meant. Either way the OP was wrong and we've now iterated over all the things they COULD have meant (well, except plant patents but surely we can exclude that) and all the ways to correct their view no matter which one they actually meant... so good discussion I guess.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    26. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      People didn't hate Microsoft predominantly because they were assholes. (It helped, but it wasn't the motivator). They hated them because their products were shit. Apple's products are anything but. They are really pushing the bounds of what is possible. Sure, their tight grip on things can be annoying, especialy for geeks, but even for geeks the stuff works. So I'm not seeing any crowd leaving anytime soon. Some geeks will, but no "crowd".

    27. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      How many times do we have to beat this into the ground? You CAN get protection on design.

      How many times do we have to counter. You still can't patent a design that has prior art. Take a look at the STNG PADD [[http://upload.wikimedia.org/wikipedia/en/8/88/Star_Trek_PADD.jpg]] it sure looks like a rectangle with rounded corners to me. Despite all the Apple apologist rhetoric, Apple is clearly in the wrong here (plus the USPO is incompetent for granting the patent in the first place).

    28. Re:Star Trek as prior art by Cederic · · Score: 1

      It may or may not be bullshit

      Just a point of accuracy. It clearly is bullshit.

    29. Re:Star Trek as prior art by Spaseboy · · Score: 2

      Apple has always been their fans and not the other way around. Originally Apple's fans were tinkerers and engineers, so Apple was all about that until the MCA, them artists were all about Apple so Apple was an artistic company devoted to making a better experience for the user. Then the damn iPod came along and ruined everything. Suddenly Apple's fans were a bunch of assholes who thought they were superior to everyone else because they all listened to the same awful noise they swore was music. Now it has become so horrible that every time I have to go into an Apple Store I feel like I am in an episode of a new Sartre TV show called "No Exit"

      Feel free to browse my user profile and see what a massive fan I used to be of Apple but that was the old Apple. In August I bought a Samsung Series 7 Slate and I have had RTM on it since.

      I now know what women who leave abusive relationships must feel like.

      --
      "I don't want more choice, I just want nicer things!"
      -Jennifer Saunders as Edina Monsoon
    30. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      If apple had invented the touch screen, the tablet processor, the battery, the casing, the wifi, the screen or any main component then they would deserve a patent but they didn't they just put it together in a star trek padd. It's like if some one else invented faster than light travel and hundreds of companies are building space ships but after 10 years apple puts out a lighter weight ftl space ship; I wouldn't want to see them have a monopoly on light weight faster than light space ships just because they made one of the first lighter ones (if they actually invented the warp drive then it's a completely different story).

    31. Re:Star Trek as prior art by jkflying · · Score: 1

      Your argument is bad and you should feel bad. If Apple design a flux capacitor and make it look exactly like the one in the movie, then prevent others from also making one that looks like the one in the movie regardless of how the internals functioned, that would be stupid. Apple isn't suing over patents of how the flux capacitor works, they are suing over how it looks. And since there are previous examples of something which looks very similar, why should they get protection when clearly they don't have a unique, non-obvious idea?

      --
      Help I am stuck in a signature factory!
    32. Re:Star Trek as prior art by BasilBrush · · Score: 1

      That you can say that means you haven't looked at it.

    33. Re:Star Trek as prior art by BeanThere · · Score: 1

      Effectively, the underlying reason you can't sell a drink in a bottle "just like Coke's" is because you would be deceptively creating the fraudulent impression that the product you are offering is made by the Coca Cola company ... i.e. effectively a deceptive claim about who the manufacturer is, and what that thus implies (e.g. in terms of reputation of offered product).

      There is no other valid basis on which to assert a 'design patent', so the only real question from a rights violation perspective would be if Samsumg were deliberately trying to pass their products off as Apple products to trick consumers. Given the products say "Samsung" instead of "Apple", I think this would be a highly dubious claim.

      Patents in general are immoral and amount to a law against inventing.

    34. Re:Star Trek as prior art by scdeimos · · Score: 1

      Apple used to be an open company. Apple used to publish technical manuals, schematic diagrams, and source code for the firmware of the Apple I and ][ computers and the various peripherals. That would have been called Open Source had the term been in existence.

      Since the Macintosh computer was introduced they've been going down the other path, publishing less and less information about their hardware and toolkits. By the time they transitioned through the Mac 128, 512, Plus, SE, SE-30 and Mac II lines into things like the LC series, Quadra, and iMacs they had lost all sense of sharing technical details of their hardware and encouraging people to develop add-on hardware and low-level software for it. Ever since iMacs they have been at the other end of the spectrum - an unassailable, unapproachable and most definitely Closed Source company. They take 30% of all sales through iTunes so that they can pay their lawyers to sue the crap out of everybody for everything, ensuring that they can continue to take 30% of all sales through iTunes.

      I for one miss the Old Apple. I'm looking forward to the day where someone hands New Apple their heads and the door hits them on the arse on the way out.

    35. Re:Star Trek as prior art by PoolOfThought · · Score: 1
      Here, maybe this will help. Read it PLEASE. I included an excerpt below.

      The Federal Circuit outlined the "ordinary observer" test of design patent infringement in its en banc Egyptian Goddess decision. Here, the court fleshed-out that test with further details and nuances. Infringement of a design patent requires proof that an "ordinary observer, familiar with the prior art designs, would be deceived into believing that the accused product is the same as the patented design." The hypothetical ordinary observer is considered to have knowledge of the prior art. Thus, "if the claimed design is close to the prior art designs, small differences between the accused design and the claimed design assume more importance to the eye of the hypothetical ordinary observer." "The ordinary observer test applies to the patented design in its entirety, as it is claimed. [Therefore, minor differences between a patented design and an accused article’s design cannot, and [do] not, prevent a finding of infringement.” (quoting Payless Shoesource and Litton Sys.).

      The court again emphasized that the test considers the design as a whole and that the court should not use drawing details to create an infringement checklist because "concentration on small differences in isolation distract[s] from the overall impression of the claimed ornamental features." Rather, a better tool for determining infringement is a side-by-side comparison of the patented design and the accused product.

      On the facts of this case, the Federal Circuit found that the allegedly infringing shoes were "nearly identical" to the patented design. "If the claimed design and the accused designs were arrayed in matching colors and mixed up randomly, this court is not confident that an ordinary observer could properly restore them to their original order without very careful and prolonged effort. . . . [T]his court perceives that the accused products embody the overall effect of the ’789 design in sufficient detail and clarity to cause market confusion. Thus, the accused products infringe the ’789 design."

      Now let's look at your comment:

      If Apple design a flux capacitor and make it look exactly like the one in the movie... [they could not patent it]

      And since there are previous examples of something which looks very similar... [they cannot patent it]

      You're calling my argument bad? Please reread your own response. You actually tried to equate "exactly" and "very similar"! And my argument is bad?

      Look, I said in my last post and i'll say it again here. You don't get a design patent for "very similar"! It is a extremely exact thing - or atleast a very, very, very, very, similar thing... to the point of being indistinguishable - just look at the shoe design patent link I provided. That's why the case was thrown out in favor of Samsung. The judge said "Apple, Samsung's design is different in these ways... it's not as cool. I can tell the difference and I don't think an ordinary observer would be fooled. Therefore no infringement." It's also why these other designs from the specifically mentioned TV shows / movies are NOT prior art... because you can look at a startrek tablet and then look at an ipad and easily discern one from the other.

      --
      My present is the activity I am currently engaged in with the purpose of turning the future into a better past.
    36. Re:Star Trek as prior art by deathguppie · · Score: 1

      The case you are making only makes sense if Chevy was claiming trade dress on using four wheels..or if Coke was claiming trade dress on having a bottle with a tapered neck. The heart of the issue is that what they are claiming as trade dress is the very basic of functional ergonomic aspects of a smart phone. There are not a lot of different ways to make a phone. The screen is a rectangle, and has a bezel to hold the glass in place.

      There are MANY ways to make a tablet that don't consist primarily of a black rectangle with parallel sides and a bezel of a certain width and with chrome trim

      Sure it could be a round tablet.. so I suppose Ford could make round cars, but they wouldn't fit on the road any better than a web page would fit in a round tablet. The rectangle is the only obvious choice for the shape of a tablet. That is why every fictional tablet, prior to the advent of real tablets, were rectangular. That is what is known as "obviousness".

      The problem people have with what apple is doing is not because they are trying to protect their brilliant invention of the rectangular tablet, but because they are simply using their recently acquired wealth to attempt to stifle any potential competition.

      --
      once more into the breach
    37. Re:Star Trek as prior art by the_B0fh · · Score: 0

      And that is why every car also looks like the Model T, and every laptop looks like a Thinkpad, right?

      Are you seriously that stupid?

    38. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      Not only is it idiocy, its also very damaging to the free market. The only way to drive innovation is competition and apple is just trying to close the market with their billions of dollars to throw at court cases for the ridiculous notion that they can be the only tablet producer, etc. They are scared shitless due to the fact that there is a lot of major competition now where there was very little before, and of course their numbers are going to start dropping.

    39. Re:Star Trek as prior art by Anonymous Coward · · Score: 0

      Wow. Have you seen the Galaxy Tab? It doesn't in any way, shape, or form look just like an iPad. If it does, then EVERY tablet out looks 'just like' an iPad. No tablet is 'totally different', they are all 'virtually identical', they are screens with black trim, some kind of edge, a button, a logo, a connector. The whole notion that Samsung was trying to make a virtually identical tablet to an iPad is ridiculous.

      Holy crap. You think that that memo is damning evidence? It was from 2007. I had a 2007 samsung phone and holy crap there was a LOT of difference between that and an iPhone in terms of user experience. Doesn't mean that Samsung copied Apple, it just means Samsung took them as a serious threat. I HIGHLY doubt anyone from Samsung ever said, "lets copy Apple as much as we can and take our chances." What the memo did say, is that people at samsung were saying, "lets make something LIKE the iPhone." A Mustang is LIKE a Camaro but they are not the same. Ford can't patent a sports car and say, "Look how low to the ground that Camaro is, and it has a v8 engine like ours, and the engine is in the front, and its a 2seater. They copied us, lets sue!" Samsung has put a lot of work into their new designs and Apple is hoping to set a precedent with their patent battles. It makes me sick. They will be sorry when the rest of the world finally wakes up and realizes they don't need the newest iGadget every 2 years because they aren't doing anything innovative anymore.

    40. Re:Star Trek as prior art by Theaetetus · · Score: 1

      I'm not arguing that design patents shouldn't be allowed. All I meant is that the design patent that was asserted against Samsung really is just a rectangle with rounded corners. The only other elements that one could possibly argue are required by the design are what appear to be an LED and a connector of some kind, but it isn't all that clear what they are supposed to be.

      Rectangles are two-dimensional, yes? The design patent showed a three-dimensional design. Therefore, by definition, it wasn't "really just a rectangle with rounded corners". The law doesn't disregard the features you're ignoring.

    41. Re:Star Trek as prior art by Dragonslicer · · Score: 1

      Okay, fine, a rectangular prism with rounded corners.

      Do Samsung's tablets have an LED and a connector in exactly the same place as shown in the design patent? Was it ever brought up in any of the trials?

    42. Re:Star Trek as prior art by Theaetetus · · Score: 1

      Okay, fine, a rectangular prism with rounded corners.

      Does the center figure here look like an iPad? Would a reasonable observer, looking at that figure and the figures in the design patent say, "gosh, I can't tell them apart." No. You're still ignoring features in the design patent.

      Look, as long as you keep saying "well, it's essentially this" rather than "the design patent shows this, and this, and this," you're going to be disregarding features, by definition.

    43. Re:Star Trek as prior art by Dragonslicer · · Score: 1

      Have you looked at the design patent? I've already mentioned all of the identifying features that I've been able to get from it. If there's something you think that I'm missing, feel free to say so.

    44. Re:Star Trek as prior art by Theaetetus · · Score: 1

      Have you looked at the design patent? I've already mentioned all of the identifying features that I've been able to get from it. If there's something you think that I'm missing, feel free to say so.

      Corner radius, front aspect ratio, depth to width ratio, curvature of the back, bezel size, bezel orientation, screen placement, etc., etc. Honestly, it would be tough to verbally describe all of the features of a design, just like it would be tough to verbally describe a painting in full and complete detail. The proper comparison is a visual one - hold up the design patent, hold up that rounded rectangular prism I sent you, and see if you can tell them apart. I bet you can.

    45. Re:Star Trek as prior art by tragedy · · Score: 1

      I'm not arguing that design patents shouldn't be allowed.

      I'll do it. Design patents shouldn't be allowed. They're the bastard child of trademarks and patents. The justification given for their existence seems to be that they help prevent customer confusion, but that's the domain trademark protection, not patent protection.

    46. Re:Star Trek as prior art by Smauler · · Score: 1

      Are you seriously that stupid?

      I know you're probably a shill... but I'll reply anyway.

      We're not talking about thinkpads looking the same. We're talking about the design patent for a rectangle with rounded corners being absurd.

      That's obnoxious, horrible, litigation from apple.

      That is all.

  48. Samsung should post non-thank you by TheSkepticalOptimist · · Score: 3, Interesting

    Samsung should thank Apple for assuming Apple's customers are so retarded as to mistake an Android phone or tablet for an iPhone or iPad.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
    1. Re:Samsung should post non-thank you by Anonymous Coward · · Score: 0

      Apple doesn't have a problem with its customers. It's about people who would have been their customers, if Samsung hadn't copied designs and infringed utility patents.

    2. Re:Samsung should post non-thank you by Anonymous Coward · · Score: 0

      Yes, yes... it would be so much easier if Samsung just didn't make phones. With Apple claiming ownership over rectangles (not covered by patent filings), curves (not covered by patent filings), common UI features (not covered by patent filings), and "simplicity" (whatever the hell that means), forcing competitors out of the market through legal wrangling certainly appears to be their end-goal.

  49. Yes, they can just jailbreak. by earls · · Score: 3, Funny

    nt

    1. Re:Yes, they can just jailbreak. by Anonymous Coward · · Score: 1

      Not if they happen to be put in a "walled garden" variety.

  50. Also... by demonbug · · Score: 1

    Not exactly prominently displayed on their website. You can find it, but only if you're looking for it.

  51. What the judge said by Anonymous Coward · · Score: 0

    What the judge said was:

                    Within seven days of the date of this Order [18th July 2012] [Apple] shall at its own expense (a) post in a font size no smaller than Arial 11pt the notice specified in Schedule 1 to this order on the homepage of its UK website ... as specified in Schedule 1 to this Order, together with a hyperlink to the Judgment of HHJ Birss QC dated 9th July 2012, said notice and hyperlink to remain displayed on [Apple's] websites for a period of six months from the date of this order or until further order of the Court (b) publish in a font size no smaller than Arial 14pt the notice specified in Schedule 1 to this Order on a page earlier than page 6 in the Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine.

                    On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computer, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given]

    1. Re:What the judge said by NatasRevol · · Score: 1

      The only thing I see that Apple didn't do was actually put it on their UK home page. They only put a link to the statement there.

      --
      There are two types of people in the world: Those who crave closure
  52. Hitchhiker's Guide to Apple by Anonymous Coward · · Score: 1

    "But the apology WAS on display ..."
    "On display? I eventually had to go down to the cellar to find it."
    "That's the apology department."
    "With a torch."
    "Ah, well the lights had probably gone."
    "So had the stairs."
    "But look, you found the apology didn't you?"
    "Yes," said Samsung, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Mountain Lion'.

  53. seriously by amoeba1911 · · Score: 1

    What did you expect from Apple, an admission of wrongdoing? This is the company that said for decades that their computers are immune to viruses, even while they had half a million infected computers. This is the company that released a phone with the antennas that jam each other, and their response was: you're not supposed to hold it. This is the company that said PC's are Profusely Complicated and released a product called PowerPC.

    A lot of people still don't see it... in their eyes Apple can do no wrong. Give me a break, if you still don't see it ... go away.

  54. I don't see how this note remotely complies with t by Anonymous Coward · · Score: 0

    I don't see how this note remotely complies with the judge's order.

    He did not order them to post an announcement and justification, and to toot their own horn. He ordered them to post a an acknowledgement of their own wrongdoing, i.e. that they Sumsung devices are not copies.

    There is nothing here presenting that follows the order.

  55. Apple Sucsks by Anonymous Coward · · Score: 0

    Oh no! I am going to get sued since I used a "qualifier" of their products! That's must be patent infringement right Apple? Well don't worry to much Micro$oft sucks even more!

  56. the apology about iOS6 maps was better by Anonymous Coward · · Score: 0

    at least there was an infinitesimal quantity of quasy apology discernible in that one ...
    This one sounds like a kid trying to "but...but...but..." his way out cheaply.

  57. objective by Anonymous Coward · · Score: 0

    The phrase 'not as cool' should be made objective to the consumer. Some people just have different preferences to what 'cool' is.

  58. bottom line by DECula · · Score: 1

    This is what you get when you expect corporations to behave as people.

    --
    dreaded scurrilous bit-twiddler from Oklahoma
  59. The specified notice isn't placed where required by DragonWriter · · Score: 4, Insightful

    And then it says that the same thing needs to be posted in a lot of magazines. That's all that Apple was required to do, and near as I can tell, that sentence is the very first one in Apple public statement on their website

    Which is not, one might note, actually on the homepage of their UK website (which is one of its EU websites), which homepage contains neither the notice required by the order to be placed "on the home pages of its EU websites", nor the link to the judgement required to be placed as part of that notice, but does contain a link which says it is to a "Samsung/Apple UK Judgement" which links instead to the page linked in TFS, which contains the notice text, link to the judgement, and then a bunch of other Apple commentary. It seems to me that the bigger deal than them adding the additional language after the notice text is the fact that they haven't done what the order required, which is placing the notice on the homepage of their EU websites. And since the order specifically references the use of hyperlinks within the notice, it seems that the order is quite clear in distinguishing where content is placed vs. where hyperlinks to content are placed, so placing a hyperlink to a page containing the notice where they are required by the order to place the notice itself is nonresponsive.

  60. Note is noncompliant with order by DragonWriter · · Score: 2

    I don't see how this note remotely complies with the judge's order.

    It doesn't, but not for the reason you are arguing. The content is compliant, since the order specifies the exact text that is required to be placed, and doesn't restrict placing other text with it, and that text is there, and is the first non-heading text on the page.

    The placement of the notice fails to comply with the order, however; it required that the notice be placed on the homepages of all of Apple's EU sites, in a specified typeface and size. What has actually been placed on the homepages of their EU sites is the much smaller text in the footer of the page reading "Apple/Samsung UK Legal Judgement", which is a hyperlink to the page containing the required notice and other text.

    1. Re:Note is noncompliant with order by Anonymous Coward · · Score: 0

      The ruling on the appeal to the original order included a tweak to the original order which made it acceptable to provide a link to the notice, rather than including it on the home page itself.

    2. Re:Note is noncompliant with order by Anonymous Coward · · Score: 0

      EU? Since when does a UK judge mandate pronouncements over all EU markets?

    3. Re:Note is noncompliant with order by Anonymous Coward · · Score: 0

      I think they are prepared to pay fines only not to have to state what they were asked. It can affect their other lawsuits and this is a small price to pay. Although if the alternative was a ban of Apple products in EU....

  61. It's a design of a product. Props have design too. by Anonymous Coward · · Score: 0

    Ergo, a fictional depiction is evidence that an actual manufacturer OF THAT DESIGN existed at the time of that depiction in fiction.

  62. Put it in the REAL context by Anonymous Coward · · Score: 0, Funny

    Well, remember that Apple is primarily a religion. You wouldn't want the Catholic church to have to apologize for a thousand years of child rape, would you?

    Oh, wait... never mind, then.

  63. How they didn't follow the order by DragonWriter · · Score: 4, Informative

    Apple didn't even follow the letter of what the judge told them to do (and it was not a request, it was a court order)

    That much is correct.

    The judge told them to acknowledge that Samsung did not infringe.

    No, the judge told them to place a specific notice (with the exact wording specified in the order, and a hyperlink to the judgement specified in a particular place), with specific text font and size. Which is the first non-title text actually on the page, and appears to use the correct font and size. So the content of the notice page is probably compliant -- nothing in the order directs them not to have other content on the page the notice is placed on. The "acknowledge that Samsung didn't infringe" is the kind of things news sites characterizing the order described it as, not what the actual order requires.

    However, the order also specifies which pages the notice has to be placed on: and the specified pages are the hompages of Apple's EU sites. On their UK site, at least -- and I suspect the same is true elsewhere -- the only thing related to the notice on the homepage of the site is smaller text reading "Apple/Samsung UK Legal Judgement" in the page footer, which is a hyperlink to the page linked from TFS. The text required by the order to be placed on the homepage of Apple's EU sites is not present, either in the required font and size or otherwise.

    1. Re:How they didn't follow the order by Anubis+IV · · Score: 4, Informative

      You didn't read far enough (neither did I, to be fair; someone else pointed it out to me). If you read further down in the court document, you'll see that the part you're referencing is Samsung's terms that they were seeking from the ruling, and that the judge's actual ruling is at the bottom. If you read the ruling, you'll see the following:

      57. I am not persuaded that the list of websites in Schedule 1, other than the United Kingdom website, would be fair or appropriate. I am also not persuaded that the statement needs to be on the websites for one year. This is a very fast moving industry and I bear in mind the risk of prejudice to Apple and I will require the statement to be on the United Kingdom website of Apple corporation for six months.

      While Samsung's terms indicated that the notice should be on the home page of the website (and used terminology sufficient to draw a distinction between a home page and a more general website), the judge's ruling only specified that the notice needs to be on the website, with no indication that it must be on the home page.

      Also, related to what you were talking about, the judge was well aware of Apple's proclivity to try and suggest that Samsung was copying:

      51. In my judgment, Apple are carefully trying to say something which contains an innuendo that Samsung infringe without actually saying it. The reference to copying is exactly that. It is clear that copying plays no part in this case for Registered Community Design infringement, but to many people outside the circles of intellectual property law to say something infringes a Registered Community Design and to say someone copied your design or your product is to say the same thing.

      That said, he later goes on to say that he more or less considers that a moot point since Samsung and Apple are big boys who can take care of themselves and that forcing Apple to post the ads balances things out. So, you were spot-on correct about Apple not being required to apologize or offer any other sort of statement, other than that one line of required text.

  64. A sincere apology... by ugen · · Score: 3, Funny

    Apple is what M$ was 10 years ago for /. current demographics - Evil Satan that can do no right.

    As someone who has been on /. longer than that (and around technology of any kind even longer) - all I can say is "this too shall pass".

    In the meantime, I think Apple did the right thing. Take it on the personal level. Let's say you feel someone wronged you. You go to court, try to correct the wrong, and court decides against you and (in your opinion, adding insult to injury) requires you to apologize to the party that offended you. How do you feel? Can you offer an honest apology? Why would you? Regardless of whether you agree or don't agree Samsung copied Apple. For the record, while I am not a big fan of Apple policies, I *do* feel that most manufacturers, including Samsung, are copying them. In these things the devil is in the details, and *imho* these details are what make Apple products convenient and others (Samsung) are convenient mostly as far as they follow these same details. Feel free to disagree.

    And of course no discussion of British legal system and apologies is complete without this, which I find extremely pertinent:
    http://movieclips.com/CDHXP-a-fish-called-wanda-movie-upside-down-apology/
    (Now you can tell how old I am :) Linking here because youtube is misbehaving at the moment)

    1. Re:A sincere apology... by DECula · · Score: 1

      - As someone who has been on /. longer than that (and around technology of any kind even longer) - all I can say is "this too shall pass".-

      you young apple hipsters with your sub 10,000 uid's

      --
      dreaded scurrilous bit-twiddler from Oklahoma
    2. Re:A sincere apology... by Anonymous Coward · · Score: 0

      http://movieclips.com/CDHXP-a-fish-called-wanda-movie-upside-down-apology/
      (Now you can tell how old I am :) Linking here because youtube is misbehaving at the moment)

      "Linking" doesn't mean what you seem to think it does, gramps.

      lrn2html or gtfo my internet.

  65. Disassembly by tepples · · Score: 1

    That's assuming they still have the source.

    If they'd even allow distribution of the binary under a suitable license, dedicated modders would disassemble the binary. Someone created source code for Super Mario Bros. for instance.

    The decision was probably made with a statement like "Who in there right mind would want to play this when we have [latest rehash blockbuster]."

    You're right that long copyright terms promote taking works out of print so as not to cannibalize sales of copies of new works.

  66. Re:The specified notice isn't placed where require by Anubis+IV · · Score: 2

    I can agree with that entirely. While I do take issue with criticisms aimed at the content of the message, I fully agree that it appears Apple did not comply with the ruling by placing the content on their homepage.

  67. Who wrote it? by satuon · · Score: 2

    Did they commission Mel Gibson to write the apology?

  68. The influence of Steve Jobs by Anonymous Coward · · Score: 0

    ...still exists in the arrogance and disdain they have for normal business practices toward both customers and competitors. Seems like you read this kind of thing everyday about Apple.
    Be interesting if the judge forces a "do over".

  69. They also didn't apologise. by Anonymous Coward · · Score: 0

    But even ignoring that, you are now saying "They didn't obey the statement, but you shouldn't complain because they did something else".

    1. Re:They also didn't apologise. by Dupple · · Score: 1

      They didn't have to pt it on the home page. That ruling was changed on appeal

      "The appeal judges decided not to overturn the decision on the basis that a related Apple design-rights battle in the German courts risked causing confusion in consumers' minds.

      "The acknowledgment must come from the horse's mouth," they said. "Nothing short of that will be sure to do the job completely."

      However, they added that the move need not "clutter" Apple's homepage as it would only have to add a link entitled "Samsung/Apple judgement" for a one-month period."

      http://www.bbc.co.uk/news/technology-19989750

      --
      Watch those corners
  70. accidental mod by prash_n_rao · · Score: 1

    commenting to undo accidental mod

    --
    This is not my sig.
  71. HEMA and product recall by SmallFurryCreature · · Score: 2

    HEMA is a dutch retailer http://en.wikipedia.org/wiki/HEMA_(store)

    They like other retailers have had reasons to publish recall notices for products which turn out to be faulty, this is a legal recuirement. They usually are black and white with no pictures and tiny logos if the logo is even present. The ones for HEMA are in color, with clear logo and product image also in full color. They don't need to, but they do because... well, they care for their customers? That at least is the image this gives people. The company has an EXCELLENT reputation with most Dutch people. They sell a LOT of their own branded stuff and while it isn't premium quality it is cheap and reliable and if you have a problem just return it and get a full refund with no hassle.

    They respect their customers and deal with laws as adults, obeying not just the letter (print recall notice) but the spirit (try your best to notify the customers they might have a faulty product).

    Compared to Apples reputation... lying about European warranties (2 years vs 1 year that apple gives), false advertising and now this kind of childish stunt. It means any adult sees Apple as just plain pathetic. Childish. Petty. Immature.

    Grow up Apple. All you have done by this is given ammo to apple haters to ridicule your fanboys with.

    Had they produced a mature ad, only the fanboys would have wimpered and everyone else would have said "oh well at least they aren't sore losers".

    Now they are the laughing stock of the world for throwing a temper tantrum. Only yuppies respect this kind of stuff and the like of Romney who likes to fire people. The rest of us want to live in a mature world were people and companies act with a bit of dignity.

    Bad Apple now go to bed, no desert for you.

    --

    MMO Quests are like orgasms:

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

    1. Re:HEMA and product recall by dkf · · Score: 1

      Bad Apple now go to bed, no desert for you.

      Not even the Mojave?

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    2. Re:HEMA and product recall by Anonymous Coward · · Score: 0

      That's ok. I don't like eating sand anyway.

      Yours sincerely,
      Apple

    3. Re:HEMA and product recall by Anonymous Coward · · Score: 0

      Why would an apple wand desert? They ARE desert!

  72. Disagree by geek · · Score: 2

    Not to play the UID game but it looks like I've probably been here a tad bit longer than you. I remember the glory days of MS bashing and the reasons for bashing were very different. People hated Windows because it crashed 200 times a day and any 8 year old with a DOS prompt could essentially "root" your box. MS also practiced extremely agressive anti-trust behavior.

    Apple does none of the above. They just sue the piss out of competitors and act like arrogant jerks every chance they get. I'm not going to pass moral judgement on which of the two is worse but the reasons for the bashing are different and far more people here like Apple than they did MS in days long past.

    I myself use Apple computers almost exclusively, even though I hate the company.

    1. Re:Disagree by ugen · · Score: 1

      :) That's fine - uid is a good guide to /. longevity. As far as I recall, I resisted registering on /. until 1998/9 (seemed like a long time then :) ), been reading it virtually since day 1. Not that it matters here.

      I am in the same boat wrt. to Apple use - I write cross-platform software (most Unices, Linux, Windows and Mac, and lately iOS too). Mac was first literally forced on my by work requirements about 5 years ago. Over time my personal use and even most development naturally shifted to Mac to the exclusion of others (I write Windows software in VMWare box on my Mac now :) ). "It's the worst system there is except for all the others".

      To the topic - I think rationalization of hate may come in different forms. But that's all it is - it's a way for people who hate someone/something to bring quasi-logical explanation to their feelings. Hate by its very nature is not based on reason. I think on a most basic level it's simple - Apple is extremely successful and widely used now, just as Microsoft was back then. That's pretty much sufficient.

      Personally, I can't hate Apple for that - they got where they are by building products that people like and use (including those, who like myself may not agree with their principles etc). There is nothing unfair about that, they won because they are good. It may pass as well - but for now this is it. Incidentally, this is where they are unlike M$, but that's beside the point.

  73. What they should have done... by used2win32 · · Score: 1

    Was should have done, place ads on the facing page, showing/displaying:

    Show the iPad and the Samsung table before and after iPad. See how they changed it to be like an iPad. Show the iPhone and the Samsung phones before and after. See how they changed them to be like an iPhone. Show the product packaging for the tables and phones. See how they changed them to be just like the Apple packaging. Show how the Samsung Chromebox looks like a Mac Mini with a black top. Show how the Samsung Ultrabooks look like a Apple Mac Book Air.

    I don't own a Mac, an iPhone, S3 or Galaxy, etc.. Even I can tell that whatever design Apple had success with, Samsung copied. ----- Just do an image search asking if Samsung copied Apple and see the results.

    --
    Procrastination; I'll think of a sig tomorrow.
    1. Re:What they should have done... by Anonymous Coward · · Score: 0

      Hard to read, but good idea.

  74. Just what I've been looking for! by Anonymous Coward · · Score: 0

    A very thin tablet!

  75. Not even mean spirited by Anonymous Coward · · Score: 0

    Just petty really, like a small child who knows it was in the wrong but still tries to get away with it. And in the adult world such a child is seconds away from getting a deserved belt around the ear.

    You can see it with other scandals, people really even don't care that much but come on Armstrong, give it up already, just admit it and we can just acknowledge you all did it and you were the best doped up rider. But continue denying it this way and you loose all respect.

    Steve Jobs obituary increasingly starts to read like "thank god he is dead, the rotten swine". Is there ANYONE out there who shed a genuine tear? Anyone who showed up at his funeral to pay respects and not just to make sure he was really gone?

    The guys life seems to have been no fun at all, always worried someone was out to get him, trying to get revenge for the slightest perceived slight. Who would have thought ten years ago that Steve Jobs would start to make Bill Gates and Steve Ballmer as not the very epicenter of darkness in the tech world?

    Part of the issue is that we respect a bit of dirty fighting when someone is an up and comer but once you made it, stamping on the fingers on those below you is considered unsportsmanlike. And Apple has done an AMAZING job is making a gigantic Korean tiger made powerful by a near dictatorship government with interests in anything from chips to ships to combat robots seem the lovable underdog. That took some doing and Apple did it.

    http://tweakers.net/nieuws/85171/galaxy-s-iii-stuwt-samsung-naar-recordkwartaal.html reports that the S3 doubled Samsungs profits, more then 50% of mobile phone sales in Holland belong to Samsung. Yet they are the underdog... NICE marketing Apple!

    It is as bad as Steve Ballmers laughing at the iPhone. In moments like this, be an adult. Else you just look pathetic.

    This Apple ad will go down in history as how NOT to do marketing. It don't matter what the judges reaction to it will be, this will be fodder for apple bashers for years to come. I don't know how Samsung is going to react, they don't really have a figurehead to speak for them but they might not even need to. All they need to do is keep their mouth shut and let the internet do the talking, be the mature adult ignoring the childs temper tantrum and let the crowd tut-tut the child.

    Bad move Apple. This will get you nothing but ridicule and contempt from anyone who is not a fanboy.

  76. Re:Bitter hipsters... by Anonymous Coward · · Score: 0

    A downmod and two MacFags spreading propaganda just goes to prove the OP's point.

  77. sosumi is the Class name for link by smitsco · · Score: 1

    Did anyone happen to notice the class name for the div that contains the "Samsung/Apple UK judgment" link?

    It is sosumi. Wow. I wonder if the web editor will be held accountable for that.

    If you don't see it "so sue me".

    1. Re:sosumi is the Class name for link by bmsleight · · Score: 1
  78. Re:The specified notice isn't placed where require by Anubis+IV · · Score: 1

    Quick note: you may want to see some of the other discussion in this thread, since it sounds like I quoted the wrong portion of the document. I apparently quoted Samsung's request for what Apple should be required to do. The judge's actual ruling was further down the document and didn't specify that it needed to be on the homepage. Mea culpa.

  79. I didn't kick you in the nuts by Anonymous Coward · · Score: 0

    I just waved my foot around vigorously.

    Seriously, Apple are acting like five year olds.

    The judge will just have to fine the fuckers for loss of reputation while Samsung gets to post adverts like

    Apple: Too dumb to live.
    Apple products: bought by the blind.
    Apple: the product of the dumb leading the blind. Over a cliff.

    1. Re:I didn't kick you in the nuts by Anonymous Coward · · Score: 0

      That sounds like a big fat "no" to GP's question.

  80. Man in powered wig by Anonymous Coward · · Score: 0

    Just remember a man wearing a powdered wig says Samsung isn't a cool as Apple.

  81. Re:The specified notice isn't placed where require by Anubis+IV · · Score: 1

    Annnd, it turns out I was wrong, since if you read further down in the ruling to point 57, it turns out that the judge didn't actually specify that it had to be on the home page. The part everyone is quoting is Samsung's requested terms as quoted by the judge, rather than the judge's actual ruling itself, which comes later in the document.

  82. Apple did the Bablyon 5 - Sheridan Apology by Anonymous Coward · · Score: 0

    In the "Babylon 5" tv show, Captain John Sheridan is ordered to apologize for firing on a ship that had attacked Babylon 5. You have to watch the series to understand the politics of what was going on. If you haven't seen it, it is not a typical apology.

    Here is a clip of Sheridan practicing the apology he plans to give:

    Sheridans_apology

    Apple's apology reminds me of this one even if it is different.

  83. Why are people shocked? by firesyde424 · · Score: 1

    Who here honestly thought that Apple would actually apologize to Samsung? Judging from the posts I've read so far, a lot more than I would have expected. Just goes to show you that iDevice and Mac owners aren't the only deluded people in the world.

  84. Lighten up! by robi5 · · Score: 1

    You guys are awfully serious about this. The judge has a strong yet sophisticated sense of humor, and the ruling can be interpreted in multiple ways. I think a judgement that rules your product "cool" in writing is preferable over actually winning a petty case like this. Does anyone think the judge was unaware of the consequences of his wording, and how Apple can use it to its own benefit? And let's face it, Samsung et al do copy the success that they saw with Apple products like there's no tomorrow. If anything, the Apple posting is just and hilarious in many ways.

  85. Re:You want me to say they are not cool? OK by organgtool · · Score: 1

    I can't think of a better way to diminish the popularity of Apple products, especially among their youthful followers, than by posting a quote from a middle-aged bureaucrat stating that they think Apple products are "cool". To paraphrase an old saying, "when all of the adults are getting in, it's time for the kids to get out"

  86. typically Apple by SuperDre · · Score: 1

    This is typical Apple (Jobs) behaviour, and for me is a reason to stay as far from Apple crap as possible.. They claim others rip them even though they rip much MUCH more and seem to get away with it...

  87. Troll mod for parent post? by jo_ham · · Score: 1

    Seriously, troll mod for the parent comment? I'd be interested to know exactly what in that comment merited such a moderation, bearing in mind that "I disagree" is not a valid reason.

  88. I have their stock ticker on my watch list. by RightSaidFred99 · · Score: 1

    I enjoy watching AAPL plunge. I will enjoy it more if they plunge to $20 and go out of business. In such a case their headquarters should be demolished, razed, and then the earth salted where it once stood.

    The hatred the average Slashdot neckbeard has for Microsoft is approximately 1/10th the hatred I have of Apple.

  89. Apple licensed Xerox technologies. by Anonymous Coward · · Score: 0

    and apple was willing to license patents to Samsung, but *not* look and feel.

  90. Re:The specified notice isn't placed where require by Theaetetus · · Score: 2

    Which is not, one might note, actually on the homepage of their UK website (which is one of its EU websites), which homepage contains neither the notice required by the order to be placed "on the home pages of its EU websites", nor the link to the judgement required to be placed as part of that notice, but does contain a link which says it is to a "Samsung/Apple UK Judgement" which links instead to the page linked in TFS, which contains the notice text, link to the judgement, and then a bunch of other Apple commentary. It seems to me that the bigger deal than them adding the additional language after the notice text is the fact that they haven't done what the order required, which is placing the notice on the homepage of their EU websites. And since the order specifically references the use of hyperlinks within the notice, it seems that the order is quite clear in distinguishing where content is placed vs. where hyperlinks to content are placed, so placing a hyperlink to a page containing the notice where they are required by the order to place the notice itself is nonresponsive.

    You would be right, going by the original decision, but the UK appeals court modified it to say that Apple could put a link on their home page, acknowledging that requiring the statement itself on their home page would adversely affect the design of the page.

  91. This clearly complies with the ruling by Theaetetus · · Score: 1
    As you note:

    The judge specifically spelled out what Apple was suppose to post.

    And Apple posted exactly that.

    Apple didn't follow these instruction by attaching all the other cruft to the ad therefore they haven't fulfilled the court order.

    On the contrary, nothing in the order said "Apple, you have to post this and only this," or "Apple, you may not post anything other than this." You may argue that they haven't followed the spirit of the instructions, but they certainly complied with the explicit instructions.

  92. Court of Appeal ordered by youknowit2 · · Score: 2
    In the last paragraph of the judgment, Sir Robin Jacob wrote as follows:

    88. In the result I would dismiss both appeals but vary the publicity order as indicated or in such other way as may be agreed or settled by further argument. I would hope that any such argument (and any other consequential) arguments can be resolved by written submissions.

    So the choice is either (1) run the publicity "as indicated" or (2) "as may be agreed or settled" between the parties. I do not imagine that Samsung had agreed to, or settled with the notice Apple put up on their site at the moment. The only possible notice compliant with the court order would, therefore, be "as indicated" by Sir Robin Jacob. He indicated in the preceding paragraph 87: "... Subject to anything that may be submitted by either side I would propose the following:

    On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given].
    That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on .. A copy of the Court of Appeal's judgment is available on the following link [...]. There is no injunction in respect of the registered design in force anywhere in Europe."

    Apple should have put up a notice with this text (which is "as indicated" by the court). If you freely add or subtract paragraphs from the text ordered by the court, you are not complying with the court order. I do not suppose Judge Birss intended his "not as cool" passages to be quoted and used in the manner Apple did.