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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."

19 of 241 comments (clear)

  1. Apples' response to the reprimand by crazyjj · · Score: 5, Funny

    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.

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    1. Re:Apples' response to the reprimand by EasyTarget · · Score: 5, Informative

      The fact that they were originally allowed to just put a link; abused this and are now required to put the text on the homepage, is what is known as a 'punishment'.

      Fanbois unfamiliar with the concept should think of it as being 'unfriended' by the court.

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    2. Re:Apples' response to the reprimand by Rogerborg · · Score: 5, Interesting

      Indeed, but a key critera of a notice is that it be noticeable. Tucking it away in teenyfont among the nobody-reads-us links at the bottom of the page is an unreasonable interpretation of the modified order: "uncluttered" is not the same as "obscured".

      Apple asked for and were gifted a reasonable compromise, and chose to take advantage of it. A sanction that simply restores the original order is appropriate.

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    3. Re:Apples' response to the reprimand by Macthorpe · · Score: 5, Insightful

      An analogy (sorry, not a car analogy).

      If you spoke to a misbehaving boy, and told him to write 100 lines saying "I will not call the other kids bad names", would you accept his response if he wrote his hundred lines followed by "BUT THOSE OTHER KIDS ARE STILL POOPYHEADS"? No, you would ask him to do more lines, or come up with a different punishment entirely.

      The behaviour of Apple in this instance is equivalent to a petulant child, and they are the only ones to blame if the court has to treat them as such.

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    4. Re:Apples' response to the reprimand by Cederic · · Score: 5, Insightful

      All Apple had to do was follow the law. That's it, the spirit does not enter into it. If the judges did not want Apple to wonder off the reservation then they needed to explicitly state what Apple can and cannot do. That's how the law works.

      Maybe in America. Over here we have a more mature and less easily bribed legal system.

    5. Re:Apples' response to the reprimand by AmiMoJo · · Score: 5, Insightful

      The judge would have done well to not leave this is the hands of Apple's legal and marketing teams, and instead sit down with somebody with half a clue about editing an HTML page, get to the result he believes to be fair, get back to Apple with that, and barring any valid complaints from their side, order them to make it just so.

      Why should the court have to treat Apple like a six year old child? Any such attempt would have just wasted the courts valuable time and resulted in further legal wrangling from both sides. The court made its desire clear and expected Apple to be adult about it.

      It's a shame they didn't start with newspaper ads, that way they would have been required to pay for another load.

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  2. Hit em with a contempt charge - arrest the CEO. by Anonymous Coward · · Score: 5, Insightful

    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.

  3. I'm not an Apple fan so... by telchine · · Score: 5, Funny

    ...when reading this, my brain produces a level of gamma waves — those linked to consciousness, attention, learning and memory — never before reported in neuroscience!

  4. Re:Hilarious by jasper160 · · Score: 5, Funny

    On a chalk board 100 times.

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  5. Re:Why d'you have to be so negative all the time? by powerlord · · Score: 5, Funny

    Yes, I felt a little dirty writing that...

    Not half as dirty as we felt reading it.

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  6. Pissing off judges by onyxruby · · Score: 5, Interesting

    I'm surprised the judges didn't throw the book at them when they tried this bit:

    Apple tried to argue that it would take at least 14 days to put a corrective statement on the site

    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.

    1. Re:Pissing off judges by Anonymous Coward · · Score: 5, Funny

      Let's see: Beyond implementation you need UI design, UX testing, regression testing, focus group testing and the CEO's niece to check it out. Then you have to schedule a managed downtime with rolling updates across your cloud. I'm surprised they could do it in fourteen days.

    2. Re:Pissing off judges by Nerdfest · · Score: 5, Funny

      Don't forget the userAgent detection settings to make sure it's only viewable on Apple devices.

  7. Uh.... no. by mark-t · · Score: 5, Funny

    In the UK, Apple were previously ordered to add a statement to their website stating that Samsung did not copy their designs....

    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.

    1. Re:Uh.... no. by slim · · Score: 5, Insightful

      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

      <sarcasm> Yes, that would be the main reason for Apple's relucatance</sarcasm>

    2. Re:Uh.... no. by DragonWriter · · Score: 5, Insightful

      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.

      If sanctions didn't impact things that the sanctioned party cared about, they wouldn't be sanctions.

    3. Re:Uh.... no. by Rogerborg · · Score: 5, Informative

      based on the verbosity of what Apple is required to post

      What they're required to post (as distinct from what they chose to add) is this:

      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.

      Sorry for breaking your browsers, y'all!

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  8. Dear Court by Sloppy · · Score: 5, Funny

    The ad was written fine. You're just reading it wrong.

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  9. Re:Apple complied - whose being a baby now..the co by Applekid · · Score: 5, Informative

    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".

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