Judges give Apple 48 hours to re-write 'inaccurate' Samsung statement
25 replies, posted
[url]http://www.bbc.co.uk/news/technology-20165664[/url]
[quote=BBC News][B]Apple has 48 hours to re-write a statement on its website relating to its design rights dispute with Samsung, UK judges have ruled.[/B]
Apple was forced on 18 October to publish a message making it clear that Samsung had not infringed the iPad's registered design.
However Samsung complained the statement Apple had posted did not comply with the court order.
Judges agreed and have told Apple it must be removed within 24 hours.
A new, compliant version must then be posted.
Michael Beloff QC, representing Apple, told judges that the company had thought that it had complied with the court order.
"It's not designed to punish," he said.
"It's not designed to make us grovel. The only purpose must be to dispel commercial uncertainty."
He asked that the company be given 14 days to post the replacement - but the request was firmly denied.
Lord Justice Longmore told Mr Beloff: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down."
Sir Robin Jacob added: "I would like to see the head of Apple [Tim Cook] make an affidavit about why that is such a technical difficulty for the Apple company."
Apple told the BBC it did not want to comment further.
[B]'Horse's mouth'[/B]
Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour.
"This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges.
"It has created the impression that the UK court is out of step with other courts."
The UK's ruling applies to the whole of the EU.
The court order is the latest twist in an ongoing legal saga involving the two companies.
Apple brought the case to the UK courts, alleging that Samsung's Galaxy Tab 10 had infringed the design of its iPad.
But in July, Judge Colin Birss disagreed on the grounds that Samsung's product was not as "cool".
His ruling meant that Apple was denied the opportunity to impose a sales ban on Samsung's products.
Apple was unsuccessful in appealing the ruling, and was ordered to place a notice on its website, newspapers and magazines explaining that Samsung had not infringed its designs.
The intention, judges said, was not to make Apple "grovel", but to remove "commercial uncertainty" surrounding Samsung's products.
"A consumer might well think: 'I had better not buy a Samsung - maybe it's illegal and if I buy one it may not be supported'," Sir Robin said.
"Apple itself must (having created the confusion) make the position clear: that it acknowledges that the court has decided that that these Samsung products do not infringe its registered design.
"The acknowledgement must come from the horse's mouth."[/quote]
I wondered if this would happen, the old statement was awful and kinda childish on Apple's part.
Such a simple task yet it takes so long for them to get it right. Just write one properly and get it over with.
Apple sucks.
[QUOTE=Camundongo;38274394]I wondered if this would happen, the old statement was awful and kinda childish on Apple's part.[/QUOTE]
It wasn't even an apology. It was them saying "some UK court is making us say some stuff we don't wanna because some other courts said something else, blah blah blah we hate Samsung."
[img]http://i.imgur.com/yASXg.jpg[/img]
[b]"They are not as cool"[/b]
The original thing Apple put up
The "apology" they wrote makes me want to punch the posh twat who wrote it in the face :v:
THe original is hardly an apology. its more of a "we're writing this because we have to, not because we accept the consequence"
"Yeah, in the [I]UK[/I] they weren't found guilty... BUT EVERYWHERE ELSE THEY WERE. SEE. ITS ILLEGFAL. AND ITS NOT AS COOL"
Apple sounds like that whiny brat in class that complains to the teacher that other students were able to get away with something before but themselves was not when they were caught doing something bad.
I hate to think if Samsung were forced to write a statement on their website and they concluded by saying that they won in the UK, this wouldn't be rated winner so much. It was childish of Apple and would be just as childish from anyone else.
Reminds me of a dumb brawl outside I chipper, "What did you say to me?" "I'll fuckin skull ya"
[QUOTE=koeniginator;38274536][img]http://i.imgur.com/yASXg.jpg[/img]
[b]"They are not as cool"[/b]
The original thing Apple put up[/QUOTE]
breaking news: not using apple products makes you:
* an uninformed dumb idiot
* not cool
[QUOTE=Uber|nooB;38275716]breaking news: not using apple products makes you:
* an uninformed dumb idiot
* not cool[/QUOTE]
I also like how it kind of indirectly means that apple has essentially patented cool
It's like if Apple was a kid who had to do a writing punishment, and thought he'd look cool if he wrote pretentious shit in it.
But then the teacher just rips it and tells him to do it again properly.
So this is what the third world war looks like. At this rate WWIV really will be fought with sticks and stones.
[QUOTE=POLOPOZOZO;38275894]So this is what the third world war looks like. At this rate WWIV really will be fought with sticks and stones.[/QUOTE]
QUICK, EVERYONE!
PATENT STICKS AND STONES!
[QUOTE=POLOPOZOZO;38275894]So this is what the third world war looks like. At this rate WWIV really will be fought with sticks and stones.[/QUOTE]
Sticks with iPhones at the end that were bricked by manufacturer-provided software updates.
Actually, the whole thing really pushes me towards hating apple. (Even more.)
People say "it's just bandwagon hate"
But no, I hate Apple because they are forcing their products down my neck, what if I want to buy the latest samsung product, Oh wait Apple have scared them into making ugly, bloated products that look like toys, and attempted to ban the previous products.
Fuck you Apple.
Really, Apple should just stop bitching and actually try to make better products than just try to sue everything to make sure they are the only ones allowed to make smartphones. Whats next, suing any company that made an OS that kinda looked similar and try to ban those as well?
At least outside the States, the judges thought both companies were idiots and punished both of them.
It's like the sentence [I]sorry, we fucked up[/I] doesn't exist in the world of Cupertino.
[QUOTE=Van-man;38284894]It's like the sentence [I]sorry, we fucked up[/I] doesn't exist in the world of Cupertino.[/QUOTE]
Aren't Apple employees not allowed to acknowledge a bug/fault on their side?
[QUOTE=kaukassus;38285280]Aren't Apple employees not allowed to acknowledge a bug/fault on their side?[/QUOTE]
Yep, they have to use words that describe something "unexpected".
I wish apple would focus on making good products and services
*cough* iOS Maps *cough*
instead of suing the shit out of everything.
I am not an apple or samsung fanboy but these patents get misused and abused IMO.
[QUOTE=kaukassus;38285280]Aren't Apple employees not allowed to acknowledge a bug/fault on their side?[/QUOTE]
So far either it's a [I]one-in-a-billion[/I] occurrence, or users holding it wrong.