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timark_uk
Moderator
Joined: Thu Apr 23, 2009 6:11 pm
Posts: 12143
Location: Belfast
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While I can't find the word 'sorry' anywhere in this body of text, here's what Apple was ordered to do regarding the Apple vs. Samsung case when the judge ruled that Apple had no grounds for the lawsuit in the UK. Apparently this will also appear in the printed press, using text that is no smaller than 14pts. Mark
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| Fri Oct 26, 2012 9:21 am |
 
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm
Posts: 17040
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I'll believe it when I see it, frankly.
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| Fri Oct 26, 2012 9:35 am |
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bobbdobbs
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:10 pm
Posts: 5490
Location: just behind you!
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Hell is reported to be be still toasty hot _________________Finally joined Flickr
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| Fri Oct 26, 2012 9:38 am |
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EddArmitage
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 9:40 pm
Posts: 5288
Location: ln -s /London ~
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 I wonder if it has to have a constant font size. Double page spread in the national press...  | | | | Quote: 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 http://www.bailii.org/ew/cases/EWHC/Pat ... /1882.html.
In the ruling, the judge made several important points comparing the designs of the Apple and Samsung products:
"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."
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on 18 October 2012. A copy of the Court of Appeal’s judgment is available on the following link http://www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the registered design in force anywhere in Europe.
However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. 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. 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. | | | | |
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| Fri Oct 26, 2012 9:40 am |
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paulzolo
What's a life?
Joined: Thu Apr 23, 2009 6:27 pm
Posts: 12251
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Is this the computer industry equivalent of the Viz "Thieving Gypsy Bastards" controversy? http://en.wikipedia.org/wiki/Viz_(comic)#Controversy I recall Viz's apology being as legally close to what was required. They also printed a strip named "Nice Honest Gypsies" next to the apology.
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| Fri Oct 26, 2012 10:52 am |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm
Posts: 17040
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Rather inconspicuous link on Apple's UK web page leads here :- http://www.apple.com/uk/legal-judgement/doesn't sound like they're feeling particularly contrite, does it?
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| Fri Oct 26, 2012 1:23 pm |
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JohnSheridan
Doesn't have much of a life
Joined: Mon Apr 27, 2009 9:10 pm
Posts: 1057
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Yeah I read it earlier today.
Makes me wonder if the judge will consider them in contempt and haul them back into court ?
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| Fri Oct 26, 2012 5:36 pm |
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bobbdobbs
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:10 pm
Posts: 5490
Location: just behind you!
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If and its a big If then they will learn the hard way not to piss of a judge. But im assuming that they will have pushed it to the limit but not crossed the contempt line. _________________Finally joined Flickr
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| Fri Oct 26, 2012 5:55 pm |
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davrosG5
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:37 am
Posts: 6954
Location: Peebo
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I suspect they've complied with the letter if not the spirit of the ruling.
Still, if I was the presiding judge I'd take a pretty dim view of the 'apology'. If they're going to be that p!ssy about it I'd be rather more explicit in what they had to do to apologise down to the specific text, where, what size and for how long it had to be visible on the website. There would also be a penalty clause painful enough to make them sit up and take notice if they failed to comply.
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When they put teeth in your mouth, they spoiled a perfectly good bum.
-Billy Connolly (to a heckler)
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| Fri Oct 26, 2012 6:31 pm |
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timark_uk
Moderator
Joined: Thu Apr 23, 2009 6:11 pm
Posts: 12143
Location: Belfast
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Did you even click the link in the OP? (8+D Mark
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| Fri Oct 26, 2012 7:02 pm |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm
Posts: 17040
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tbh I didn't even notice it until now... As to penalty clauses, the penalty for contempt of court goes up to a very significant jail sentence. I wouldn't want to be the head of Apple UK if it gets to court.
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| Fri Oct 26, 2012 7:59 pm |
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Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm
Posts: 7173
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Hm, I think they might entice the ire of the court with their last paragraph - the implication being that the English courts reached the wrong conclusion.
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| Fri Oct 26, 2012 11:43 pm |
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vdbswong
Doesn't have much of a life
Joined: Thu Apr 23, 2009 7:56 pm
Posts: 603
Location: Durham, UK
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 Not real, but amusing (i found so at least).
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| Sat Oct 27, 2012 6:13 pm |
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Amnesia10
Legend
Joined: Fri Apr 24, 2009 2:02 am
Posts: 29240
Location: Guantanamo Bay (thanks bobbdobbs)
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Yes but why wasn't it in Comic Sans?  _________________Do concentrate, 007... "You are gifted. Mine is bordering on seven seconds." https://www.dropbox.com/referrals/NTg5MzczNTkhttp://astore.amazon.co.uk/wwwx404couk-21
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| Sat Oct 27, 2012 11:26 pm |
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jonbwfc
What's a life?
Joined: Thu Apr 23, 2009 7:26 pm
Posts: 17040
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Not even Apple are that evil.
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| Sun Oct 28, 2012 12:48 pm |
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