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UK Court of Appeal Reprimands Apple Over Mandated Samsung Statement
Macthorpe writes "In the UK, Apple were previously ordered to add a statement to their website stating that Samsung did not copy their designs, following a previous case where this was ruled by the UK courts. However, today the same court revealed that Apple's statement is not good enough. From the article: 'The acknowledgement put up last week, linked from the home page by a tiny link, was deemed to be "non-compliant" with the order that the court had made in October. The court has now ordered it to correct the statement – and the judges, Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob, indicated that they were not pleased with Apple's failure to put a simpler statement on the site.' It appears the main objection is the statement is on a separate page and only linked from the hompage — and that the statement is buried in marketing blurb, and also put next to references to a case Apple won."
In response the the recent reprimand from the esteemed, and in no way senile, Lord Justice Longmore, Lord Justice Kitchin and Sir Robin Jacob--we at Apple would like to apologize for pointing out the superiority of our products over our lame-ass competitors on our website acknowledgement. In the future, we will attempt to better comply with the court's orders, not matter how stupid they may be. And tempting as it may be to point out how much Samsung products blow compared to ours, we will refrain from taking snarky potshots at our retarded South Korean friends in the future. Thank you, and thanks to all of the non-lameasses out there who appreciate that Apple products rule.
What political party do you join when you don't like Bible-thumpers *or* hippies?
That the virtuous Apple only appears so when it can bend the law to cover itself.
And when it can't it appears as dirty as those it condemns.
Thus Apple's virtue is merely an accident of timing.
And in this case the clock starts ticking only when the judges are content. So draw it out, Apple, draw it out, and show the world the difference between Apple and Samsung.
blog.sam.liddicott.com
That might do the trick, plus the added benefit of putting at least one crook where he belongs after decades of *stealing* ideas from everyone else.
...when reading this, my brain produces a level of gamma waves — those linked to consciousness, attention, learning and memory — never before reported in neuroscience!
I can totally see Apple having to do this three or four times before they get it right.
This signature intentionally left blank.
(subject line with apologies to Donald Sutherland)
Since the judge ruled on cool factor, the entire public comment can be based around how cool Apple's products are compared to its competitors, and how its competitors have not copied Apple's coolness, and how the court even ruled that Apple's devices are the coolest.
Yes, I felt a little dirty writing that...
Do not look into laser with remaining eye.
First Acknowledgment!
I can mend the break of day, heal a broken heart, and provide temporary relief to nymphomaniacs.
I'm surprised the judges didn't throw the book at them when they tried this bit:
How on earth did the person who argued that get away with not being charged with perjury? To be perfectly frank, I'm absolutely amazed that they got away with a simple reprimand. I would imagine that if Apple pulls another stunt that they will face much more than a reprimand.
Couldn't have happened to a nicer company.
I have more respect for the entirety of Microsoft than I do even a single sub-section of any part of Apple. (iTunes is like the only thing I actually like them for since it is a pretty decent service overall)
That is saying something.
I wish more companies were punished like this. Too many get away with such bullshit. We ain't having that in our Great Britain. NONE OF IT!
Apparently, Apple was ordered to do no such thing.
There were only ordered to acknowledge that the court had ruled it so... not to acknowledge that they were actually wrong about anything.
And to be fair, based on the verbosity of what Apple is required to post, I can understand their reluctance at putting it on their home page, since it could substantially alter how the page balances visually on a full screen browser.
File under 'M' for 'Manic ranting'
iTunes is like the only thing I actually like them for since it is a pretty decent service overall
That is an off-topic joke right! Ironically the legal agreements in the itunes EULA where part of a whole south park episode.
who goes all "You're fined 1%of your net worth per hour until I find you did comply. BTW in 30 minutes I'll go on vacation."
Celestial Warrior-Philosopher Jobs, is that you?!
Because I read the statement originally and thought it was unnecessarily pretentious and liable to land them in more trouble than if they'd just played ball.
UK courts don't take lightly to humour or parody aimed at themselves. Undermining the same court that found you guilty in the factual legal statement you were ordered by that court to publish is literally just sticking two fingers up.
And the statement itself? I read it when it first came out and couldn't make head nor tail of it (you can find it here: http://www.apple.com/uk/legal-judgement/). Even just the comparison to the German court - that was unnecessarily snarky and there's a reason that corporate legal statements all sound the same and don't try to be humorous or clever.
If they'd just done as ordered and stated the bit that other courts had disagreed, fair enough. But they word it in "smart-arse" and that was always liable to make more fuss. And now, for their efforts to minimise customer damage, they are now in the news again for failing to comply with the original court order.
Well done, Apple. Keep it up. Because though you probably don't, I'd be quite interested to see just how far a UK court would go to drill you into the ground if you kept it up.
"... and also put next to references to a case Apple won" - yes, and Lance Armstrong also won the tour-de-france - 7 times!
Apple posted it's apology, using language from the court itself. This is preposterous. Samsung has done nothing but benefit from the extra publicity and sell more phones, so why is the court issues such a ridiculous order? Twisted.
While I generally agree that Apple is wasting it's time with this lawsuit I don't think it is hurting them anywhere except a few nerds have not put them in the same bucket as Microsoft. From the fourth quarter of 2010 through the middle of 2012, Samsung sold 1.4 million Galaxy Tab and Galaxy Tab 10.1 tablets, in the third quarter of 2012 Apple sold 14 million iPads. Apple must be REALLY hurting... from trying to think of things to do with all that money.
Just convict them to forfeit all revenue generated in the UK until they comply with the order. You'll be surprised how fast Apple will get it right.
The ad was written fine. You're just reading it wrong.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
All the non-fanboys called it out. Apple would pull a childish prank and the Judge would not find it remotely funny and give a tougher sentence.
The only question is how long it takes Apple to grow up.
All they achieved is to drag it out and now they got to display it on the front page. Go ahead, make another mess out of it. Judges LOVE to laugh. Because they always get to have the last one.
The funny thing is that if they had just complied, nobody would have cared. Now they get another round of articles all over the world to point how petty Apple is and how afraid they are of Samsung products.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Did you read the apology? It consisted of more than just the language of the court. It added an editorial pointing out how other courts found in their favor.
Right up there with your mother telling you to apologize, and when you go up to do so, you say you're sorry and then follow it up with an 80's "NOT".
More Twoson than Cupertino
I'm delighted about this outcome because I thought that the Appeal Court would be very pissed off with Apple and my lawyer kid said no, business as usual. First time in a long time I've been proven right on a commercial legal matter.
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
What do you think Samsung are telling the channel right now? Despite its profitability, Apple is scared. Better not get stuck with too much Apple stock....and that mini iPad is pretty lame for the money...how about a nice promotion on the Note 2?
From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
...if you want, but I found Apple's notice frikkin' hilarious! You know the old saying about asking a stupid question, well this was a stupid order. Apple sarcastically followed the letter of the order to show their contempt, something I'm sure a lot of us have done in one way or another at some point. It's refreshing to see a company with a sense of humour!
I'm surprised the court has much of a leg to stand on in claiming parts of it were untrue. Most of it was direct quotes from the judges and the bit about the German ruling was true AFAIK.
Anyway none of this will have any impact, it's not like Apple will lose any sales over this, and both of the companies are getting brand exposure. Win-win.
Let this be a lesson to those of you who would defend Apple against all reason. In the discussion about their non-apology apology, there were many who claimed that they had obeyed the letter of the law and that should be good enough. What this case has done, besides underscore the idiocy of modern patent law, is demonstrate the difference between law in the US and law in the UK, and the EU, and so on. Corporations regularly get away with anything up to and including murder without so much as a handslap here in the US. In the UK, they seem to get the handslap. I wish I didn't have to be impressed by that.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
LMOL....too true....
to admit it
“He’s not deformed, he’s just drunk!”
It's a shame judge didn't rule in contempt of court
Although if they try issuing more fake apologies like the last one they are going the right way to achieve that.
Looks like Apple is falling out of favor with the courts.
People like this need the protection of cameras for when they give the middle finger to a guy carrying a taser and a gun. While it's what they need, I can't help but feel they deserve a Darwin award.
A far greater number of people will hear about this story on the news than would ever have seen even a properly compliant notice on Apple's home page. The average joe will hear a soundbite and remember only "The court ruled Samsung did not copy Apple, and Apple had to apologize", which is actually much less positive for Apple than the truth, which probably wouldn't even have been known by the average joe anyway.
-Lod
Look, let's face it: Apple bagged this one. Not only did they bury the link at the bottom of the page, but the "apology" wasn't even a football field close to what the judges mandated. I'm not an Apple fan, but neither am I a detractor; I use them if I need to (in studio) or not (at home). This bullshit, however, regarding their wording and their Samsung bashing, is at the least a middle-finger-up at the justices that deemed it useful and fair, and at the most a whole boot-up-the-ass to everyone involved, including the public at large.
If they had thought to not monkey around with the decision, play fair by the ruling mandated at them, and kept the marketing dweebs out of the mix, none of this would have happened. They'd have a tiny little banner at the bottom of their page leading to a fair and impartial relation of the facts... a banner that, in almost all cases, no one would bother clicking on in the first place.
Looks good on you, Apple, I've got to say. Nice way to screw up an almost meaningless ruling.
When the going gets weird, the weird turn pro. ~~ Hunter S. Thompson
Can't Tim Cook swear that the strength of the (patented) Reality Distortion field makes it impossible to place a proper notice onto Apple's website without it being inadvertently altered into a snarky marketing non-apology. Even if the reality distortion field could be stopped, a cold start would then take 30 minutes to start it back up again -- I canna' change the laws of physics.
I'll see your senator, and I'll raise you two judges.
The court should make Apple post the statement using the tag on the front page of apple.com
Will they repay Samsung that billion back with 3 units of "iPad 4"?
A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
with a sign on the door saying 'Beware of The Leopard'.
Isn't it "Beware of the Mountain Lion" by now?
the strength of the (patented) Reality Distortion field
When was the RDF first described in a patent application or other publication? Apple bought NeXT in December 1996, and Steve Jobs became the interim chief executive officer the following July, so it can't have been much later than then. And unlike copyrights, patents expire. So when does Samsung get to use the RDF?
Who made them king? This seems to be a bit of an overreach of their "powers".
Jesus was a compassionate social conservative who called individuals to sin no more.
The ruling was to cover all of the EU. I don't think Apple would be too happy losing business from all of the EU.
You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
Apple shot itself in the foot... so you're advocating that they also shoot themselves in the groin?
Apple has just learned that arrogance doesn't really fly in the UK. A little more humility and they wouldn't have a problem.
But Apple just can't help themselves.
Appeal against ruling lost: October 18th
Notice posted on website: October 26th
When was the initial ruling? At what point did it become obvious to Apple they would lose their appeal? On what date did they being preparing the notice?
And everyone on earth knows Apple has the most of them.
I'd be shocked if anyone can name a single company with more perenially butthurt users than big brother apple.
While I generally agree that Apple is wasting it's time with this lawsuit I don't think it is hurting them anywhere except a few nerds have not put them in the same bucket as Microsoft. From the fourth quarter of 2010 through the middle of 2012, Samsung sold 1.4 million Galaxy Tab and Galaxy Tab 10.1 tablets, in the third quarter of 2012 Apple sold 14 million iPads. Apple must be REALLY hurting... from trying to think of things to do with all that money.
I don't think the suit has hurt either Samsung or Apple at all yet. For Apple it's been great publicity about their special features. For Samsung it's been great publicity that their Android tablets are more or less just as good as iOS and is pushing them forward as the most known source of Android tablets. In both cases that's a jump up from what they would expect. As they say "any publicity is good publicity".
When it comes to your numbers; have a look at this quote:
That would more or less match with the ASUS story I put up recently and means that Android tablets are selling more than two million a month / eight million a quarter for those two manufacturers alone. That means that Google is likely to overtake Apple as the supplier of the most tablet operating systems somewhere early in 2013.
The numbers I have used are, of course, quite speculative. Better ones would be nice, but I guess we won't see the full truth till at least January / February when the Christmas numbers become available.
=~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
I defended Apple's prior action as technically being within the letter of the law, if not the spirit. I believe that's what their lawyers are arguing too.
As such, I retract my prior comment that the judge knew this would happen--I'm surprised to find that the court is surprised. Give a lawyer an inch, and they'll certainly take a mile.
As such, I ALSO don't think that this new ruling will work the way they intend. Apple will put the link in with a bunch of other links. They'll put bigger links in, trumpeting their legal wins in other countries. This 'apology' needs to be in 11pt font? Well, the counter-argument will be in 18pt font. What's the court going to do? Ban Apple from talking about legal decisions in other jurisdictions? I'm not sure they have the power for that.
And Apple has to take out full-page ads in some papers with the text of the decision? They'll do that, but they'll have a counter-ad on the facing page. Or they'll buy a whole section of the paper (tell me the newspapers wouldn't DESPERATELY love that) and then put the non-descript 'apology' there.
Getting corporations to apologise is hopeless. I can come up with a dozen ways to circumvent any meaningful apology given the conditions that appear to be laid out here. Apple will come up with many more. It's a stupid decision on the Court's part, honestly. Fine them and be done with it. Award Samsung damages. Anything else is just fodder for the lawyers to test how creative they are at finding the edges of a non-exhaustive list of conditions.
Actually, this was an order in a single jurisdiction. The UK Court was sitting as a Community Court.
"I know I will be modded down for this": where's the option '-1, Asking for it'?
Not particularly fond of old Steve. Not a truly nice man. However, I guess that if he were still in power such a lame thing would not have happened. Any which way you put it, being an obnoxious shit reflects badly on the company.
I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
"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 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" Issue here is The US case the jury even being apples home town jury found the galaxy tab didn't violate any of apples design patents in that case. So how apple can think that ad was good enough is beyond me, that case is still not over by a long shot as how messed up jury is turning out to been.
Um apple is, read the posting. Apple made false claims in that saying how design patents were seen as valid in the US when they weren't when it came to the galaxy tab's
"Tell Jimmy you are sorry."
"I'm sorry"
"Say it like you mean it!"
I've seen and handled the Samsung tablet in question, and I own an iPad (a gift), and I conclude that the Samsung talbel is actually a lot cooler. For a start, the speakers actually face in the direction of the person looking at it, and not the other way - that makes it much better in my opinion.
Actually, it is really cool to be cool these days? I though Apple products are all passé now. Do people really still think they're cool? I would be embarrassed to be seen with one.
Max.
Are these judges encouraging trouble? According to a UK trademark search, "horse's mouth" has been trademarked since 2004.
apple has completely removed any reference to the judgement from the UK homepage:
www.apple.com/uk/
there used to be a link at the bottom. it's no longer there.