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Apple Sued an Independent iPhone Repair Shop Owner and Lost (vice.com)
Jason Koebler, reporting for Motherboard: Last year, Apple's lawyers sent Henrik Huseby, the owner of a small electronics repair shop in Norway, a letter demanding that he immediately stop using aftermarket iPhone screens at his repair business and that he pay the company a settlement. Norway's customs officials had seized a shipment of 63 iPhone 6 and 6S replacement screens on their way to Henrik's shop from Asia and alerted Apple; the company said they were counterfeit. Apple threatened to take action, unless Huseby provided the companies with copies of invoices, product lists, and a plethora of other things. The letter, sent by Frank Jorgensen, an attorney at the Njord law firm on behalf of Apple, included a settlement agreement that also notified him the screens would be destroyed. [...] Huseby decided to fight the case. Apple sued him. Local news outlets reported that Apple had five lawyers in the courtroom working on the case, but Huseby won. Apple has appealed the decision to a higher court; the court has not yet decided whether to accept the appeal.
Apple, if you want the general public to care about "counterfeit" parts, make your production operations completely domestic.
Don't sue the little guy for your IP leakage problems in China. He's just trying to make a living, and there's no reason you should control the repair market.
Hopefully Apple has to pay a Billion or so in settlement costs as well.
Unless the shop is claiming to use brand new Apple parts exclusively. What is the issue with using broken / used for parts to repair electric item?
If the shop claiming to using authentic Apple parts do they knowing purchase counterfeit parts? If not then the beef should be with the supplier (which Apple probably has no ground to stand on in China).
What is a counterfeit screen? Something that made look like a screen, but doesn't actually works? If not that, then it is third-party replacement screen, and Apple has no business telling anyone what parts to use.
He does not operate an authorized repair shop.
Why be happy that they won this case?
Because Apple outsources manufacturing to China. They deserve all the consequences and cheap knock-offs.
Those also the ones sending out copyright infringement notices for some unknown movie and offering to settle if for ~$100.
So I'm not surprised that things went sideways for Apple - they should be more selective in their choice of law firms.
Because otherwise, this is a criminal act *by Apple*.
Everybody should watch this:
Lessons from fashion's free culture - Johanna Blakley at TEDxUSC
It makes clear how pointless copyright is.
I know this is /. but you should read the article before you comment.
From the teaser of the article:
"Apple said an unauthorized repair shop owner in Norway violated its trademark by using aftermarket iPhone parts"
unauthorized repair shop, not apple licensed and blessed center.
Considering how wrong you are in your first assertion, what makes you think that you are right in your 2nd one that they defrauded their own customers?
It depends if he was selling them as genuine or "pattern" (compatible) parts. Apple's contract can't override his right to do that. Such terms are illegal in the EU.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
The article notes that this is an un-authorized repair shop and that they had no desire to be authorized.
"The shop agreed to be licensed as an Apple Authorized repair center."
Authoritative source needed, because that's not at all what the article says. The article says it was an "independent" and "unauthorized" repair shop. It also says "PCKompaniet does not pretend or market itself as Apple authorized and does not give any indication that the repair comes with an Apple warranty.â
"National Security is the chief cause of national insecurity." - Celine's First Law
From the article, the company itself said: "PCKompaniet has never removed the coverup of the Apple logo on the screens that have been imported and has no interest in doing so. PCKompaniet does not pretend or market itself as Apple authorized and does not give any indication that the repair comes with an Apple warranty."
I am always happy to hear when a small businessman stands up to big corporate bullies and wins. Apple has gotten greedy and it's good to see them get kicked in the balls once in a while.
Lol
How did this get modded up. It's like the first paragraph of the article that the is not an authorized repair shop, never claimed to be an authorized repair shop, and doens't want to be one. More importantly he imported refurbished Apple parts but never tried to sell them as OEM parts but a generic after-market parts.
"Right to repair" addresses the counterfeit argument which this case is about by saying Apple should provide parts and tools to independents. So this situation is in part of Apple's own making with their hard-nose stance to an obvious demand of the market, which current approved shops aren't meeting.
Is there a single statement there that you didn't just make up?
Sorry, but that's bullshit, and is not even in TFA.
Here's the crux of it (from TFA):
He's not representing himself as an authorised Apple repair place, he's not suggesting you get 100% Apple products or new products, he's saying "I can import products from Asia which work with your phone, and I will repair it".
No, it's not.
Apparently, arm-chair Slashdot legal experts.
The shop agreed to be licensed as an Apple Authorized repair center.
No, he didn't. The article very clearly says he refused to make a deal with Apple and that never would agree to anything like that in the first place. Did you even read the article?
The guy was importing possibly mislabeled / counterfeit parts (in that they bear the Apple logo but are no longer valid Apple refurbed parts).
The court decided they aren't counterfeit parts and don't fall under trademark since the Apple-logo has been covered up.
Regardless of what you believe is the right to repair, this is about the repair company representing itself as repairing your stuff with real OEM parts. They got identified as not doing so, probably defrauding consumers all the meanwhile. What's the problem? Why be happy that they won this case?
Yet another claim in which you show that you didn't read the article: the guy never claimed to be an Apple-authorized repairer or that he was using real OEM-parts.
To stop people from repairing their own devices....BRICK them with a software update. If you purchase a device with a warranty, then by all means, LEAVE it alone until the warranty period expires, but, after that, you should have the right to repair it as you see fit. Now, that being said, if the replacement part(s) through no fault of your own, are defective, (unless Apple bricks them) that is on your own to take up with the repair vendor.
How can you read the first posting with its false claims, ignore all the replies calling out the falsehoods in the first posting and then post your agreement with the falsehoods?
"Apple said an unauthorized repair shop owner in Norway"
See that: "unauthorized". It's right there in bold in TFA.
Try to not be such an Apply fanboy in the future.
The real "Libtards" are the Libertarians!
It's understandable that you didn't RTFA, but at least RTFS and easier RTFT. So for the ones who voted you Insightful, what a shame.
lol fuck off, thanks
truly yours,
everyone else
So many comments that reveal that they didn't read it. This is a non-authorized repair shop. These were Apple screens that were repaired/refurbished and sold as such with the Apple logo obscured. The court held that the logo was not visible to the consumer and therefore were not misrepresented as new Apple parts. Doubtful a US court would rule the same way, but I hope we get a chance to find out.
It's one thing to repair with non-OEM parts. It's another to use COunterfeit screens that claim to be apple screens. Let's not make this about a something other than what it is. Headline seems to mislead
Some drink at the fountain of knowledge. Others just gargle.
A quote from the Motherboard article, by the judge who ruled aainst Apple:
"It is not obvious to the court what trademark function justifies Apple’s choice of imprinting the Apple logo on so many internal components"
It is, although, obvious to Apple's marketing team: 90% of their revenue, including hardware sales and repair are due to branding appeal and not quality or technological appeal (despite it actually existing), and thus, Apple wants to protect that brand in every single way by printing it everywhere, and preventing repairs that might tarnish that brand (as they can be lower quality, but don't necessarily mean they are...).
The judge though, noted very well that this trademark/brand protectionism goes against basic rights of repair - Apple doens't own your phone after you buy it - and consequentially, it cannot apply their trademark rights OVER repair rights.
Ask a broken iPhone owner if he would rather have the screen repaired with the logo: he would obviously say he prefers to fake it, but that's his choice and his wrongdoing. Ask the same person he has to pay 300 to have the logo, or 30 bucks to get a no logo, fully-functioning screen, and the branding thing will go down the drain pretty fast. But obviously, since Apple does not produce nondescript versions of their spare parts, you will never have sub-300 bucks, official iPhone X screens and that's just the life for an iPhone buyer that doesn't want to break the law. I feel for you
The shop agreed to be licensed as an Apple Authorized repair center.
Who modded up this FUD?
He's NOT an Apple Authorized repair center and never there was any evidence at all in court or from Apple about defrauding consumers.
Apple sued an Independent Repair Shop for trademark violation for using aftermarket parts.
I'd say buyer beware applies here, meaning.. unless he falsely advertised himself as something other what he was doing, not sure Apple has standing.
- misleading as, using OEM, aftermarket part, and stating himself as Apple certified repair center. Which the opposite seems to be the case.
That is, unless Norway has 'other' legalese... NOT shielding 'right to repair'...
Any Norwegians around who can chime in? Not going to try and find interpret Norwegian law, in English..
Most mods don't read TFA/TFS. This is /. after all.
I understand you were confused about the Apple Authorization and can excuse that as a simple mistake (I know I've made my share). What I'm wondering about, is even if Apple had authorized this shop. Wouldn't they be able to revoke their certification and cut off supply of "genuine" parts? It seems like forcing customs to steal parts would be a strange course of action for a shop that has a contract with Apple.
Do you guys serious read the articles before posting?
"This definition seems straightforward, but is further muddied because often broken parts—with original manufacturer logos—are sent back to China to be refurbished and sent back to independent repair companies. Are those “counterfeit” parts or are they repaired or refurbished genuine parts? "
"For his repair operation, called PCKompaniet, Huseby imported 67 iPhone 6 and iPhone 6S screens that fell into this grey area. They were seized by Norwegian customs officials because Apple logos on the inside components of the screens “had been covered up by ink marker."
So the parts were originally Apple parts that were rejected or refurbished but not accepted. The Apple logo was covered up and not claimed to be a legitamite Apple part.
2nd, at least in the US and just confirmed by the FTC this week. Using third party parts to repair devices doesn't void the warranty on the complete device. It will only void the warranty on the specific after market part used. https://motherboard.vice.com/en_us/article/ne9qdq/warranty-void-if-removed-stickers-illegal-ftc
"If you buy a car with a warranty, take it a repair shop to fix it, then have to return the car to the manufacturer, the car company isn’t legally allowed to deny the return because you took your car to another shop. The same is true of any consumer device that costs more than $15, though many manufacturers want you to think otherwise."
apple biased stupidity is rewarded here. Too many apple shills.
they became that which they hard fought against.
Yes, a third-party part cannot contain Apple logos, but seeing this a screen, how do you think is that relevant?
I am all for the small store owner in this instance, as long as he was noting these are third party screens used for repair.
The reason it matters vs. Apple screens is because third party screens are not going to have the same level of QA or possibly materials as real Apple screens. They may have dead pixels. They may be dimmer. They have have much worse off-axis color shift. They may not last as long because of various component failures; screens are not just screens but also quite a lot of electronics that go along with an LCD.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
OMG you are STUPID. Surely apple pays you. Why else would you CONTINUALLY make such ASININE comments over and over again.
Thanks, Fake Tim Cook for your definitive analysis. I'm sure we're all smarter for having read your non-misleading analysis.
As detailed by the article, this shop was non-authorized. In other aftermarket situations, like many other manufacturers, Apple does nearly everything in their power to make it hard for consumers to repair equipment on their own terms -- everything from using stupid special screws to refusing to publish board schematics (even to authorized shops) so customers are forced to make full board replacements. I wouldn't be surprised if they routinely pull this shakedown practice on other non-authorized shops.
Such terms are illegal in the EU.
While Norway is in Europe, it's not in the EU...
Goat C??
Seriously.
The Kai's Semi-Updated Website Thingy
How can you read the first posting with its false claims, ignore all the replies calling out the falsehoods in the first posting and then post your agreement with the falsehoods?
"Apple said an unauthorized repair shop owner in Norway"
See that: "unauthorized". It's right there in bold in TFA.
Try to not be such an Apply fanboy in the future.
Your assumption was that I violated the /. TOS and actually READ TFA.
(I actually DID read it; but not until AFTER posting).
If Apple wins they win. If Apple loses they've beat down the winner so much that the next repair show may think twice.
Criminal prosecutors do the same thing since the consequences of losing are trivial.
I found this little bit of logic to be the most interesting.
The judge took that into account and noted that since the logo was not visible it was not considered to be counterfeit. The users did not know the logo was on the parts.
He neatly closed off that line of argument from Apple since he's saying the printing on the internal parts is irrelevant to whether or not they infringe. That's a lot of leg to cut out from under them in their case.
OMG you are STUPID. Surely apple pays you. Why else would you CONTINUALLY make such ASININE comments over and over again.
Nonono - he's happy to overpay for his baubles to have the privilege of being associated with Apple (in the weakest of ways) - THAT'S how stupid he is...
don't believe anything else. They didn't get one trillion dollars by playing fair and nice.
For all intents and purposes, they might just as well be. The legalese written to cover the common market and such inflicts most of "the EU" on Norway, except maybe the cheesy flag and the phallus currency, in exchange for the trade agreements etc.
So, if Apple believes they still own the hardware you paid for and you have no right to repair it without going through Apple, perhaps the solution is to stop buying Apple products altogether? Apple buys most of their parts from Samsung to begin with, and Samsung is already well ahead of Apple in technology, although both companies appear to think they can maximize profits by making their products as easy to break as possible. Essentially, Apple is pissed because 3rd party replacement screens cut into their most lucrative profit center.
I've abandoned my search for truth; now I'm just looking for some useful delusions.
Imagine buying a Ford and being sued for using after market products on your car. That is exactly what Apple seeks on its products. The idea that a company can control a product after they sell it is absurd. You buy it. You own it. You do what you please with it! Maybe it is time for end users to sue when a product is made difficult or expensive to repair. A class action suit might be a real eye opener.
Not sure if you are tremendously stupid or just a liar...
Either way itâ(TM)s in line with the new breed of slashretards
Talking about Comey and Trump on an article about Apple?
Same bully mentality; "bend over and suck my cock, and thank me for it afterward. Or I'll make your life miserable and bankrupt you."
ELOI, ELOI, LAMA SABACHTHANI!?
THe home court advantage is probably larger in court cases than in basketball.
This.
Fender bender replacement wasn't from Honda, but it was 70% cheaper so I went with the non-Honda parts. That was my choice as the customer from the repair shop. The shop was clear that I could use either OEM or non-OEM parts in the repair.
Assuming the iPhone repair shop let his customers have the same knowledge, screw apple.
OTOH, I'm inclined to want apple screwed regardless. Call it a personality flaw, if you like.
But your link is already so self-contradictory that no reasonable person would take it as a source of anything. First of all, it supports that Comey told the truth that he only had 2 face to face solo meetings with Obama, as the "secret" Jan 5 meeting included at least Yates and Rice as well. Nothing in evidence so far suggests anything untoward, no matter what is implied in the link. And are you truly surprised that "secret" meetings aren't immediately made public domain? I'd love to know what Manafort, Lewendowski, Trump, Jared, and Don Jr discussed at their various "secret" meetings as well over the past 1.5 years.
Huseby does not claim to be an authorized repair shop, nor has he misrepresented his service, nor does he submit invoices to Apple.
The original Motherboard article is quite clear on this point. Huseby bought OEM refurbished parts. They had an Apple logo on them because they were, in fact, Apple parts originally. Since the refurbishment was done outside of the Apple monolith those parts had the logos inked out. Fact is, Huseby and his parts suppliers all seem to be operating responsibly and 100% within the law.
Also, there's this tiny little matter that Huseby won the court case and Apple lost. Yes, Apple is appealing, but in the meantime Huseby is the winner.
Also, as a fundamental and practical matter, does the owner of a phone actually control the phone? You know, as the owner, of property, that they purchased? Apple does not lease or license these phones. They sell them.
To protect their IP, Apple will start selling iPhones for $14.99 in 3 ... 2 ... 1 ...
Given the power imbalance here, and that Apple was clearly (and knowingly - they have good lawyers) in the wrong, there need to be consequences.
Legal fees, time, expenses, etc., are simply not enough.
A government is a body of people notably ungoverned - AC
but not until AFTER posting at least twice.
FTFY
Tim Cook talks about how he supports his users by not selling their information, by supporting strong encryption, and by standing up to the government. Whenever I hear him talk about this, I pause and almost consider buying an Apple product. But then things like this happen, and I am reminded that Apple provides a walled-garden store, fights interoperability, and uses the intellectual-property stick to harm their own customers. Tim Cook can claim a clean conscience on some fronts, but is downright evil on others. There is hope for Apple, but there is much that needs to change.
If I chose to not pay apple for a repair my warranty is void when using 3rd party. That's my choice. None of apples business really how I spend my cash on my stuff.
This shit needs to be stopped at