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UK Judge Forces Apple to Re-Write Flimsy Apology to Samsung
Wasn't Impressed With Non-Apology to Samsung
by Karl Bode Thursday 01-Nov-2012 tags: business · wireless · wireless
Tipped by Cheese See Profile
A UK Judge has ruled that Apple must re-write and more prominently display their apology to Samsung. Back in July, a judge at the High Court in London ruled that Samsung's Galaxy Tab was not a copy of the iPad, given the obvious fact the device was not as "cool" and lacked Apple's "extreme simplicity." As punishment, the Judge demanded that Apple issue a prominently displayed apology on their website acknowledging that Samsung did not copy Apple. Apple barely complied, posting a tiny link on their UK website for an apology that wasn't much of an apology. The rather passive aggressive "apology" cherry picked quotes from the ruling that were favorable to Apple, while highlighting how other courts around the world have ruled differently.

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Needless to say, the Judge is not impressed with Apple's behavior. The UK court of appeal has reprimanded Apple, demanding that the computer manufacturer rewrite the apology and post it more prominently. Amusingly, Apple lawyers tried to argue that it would be impossible to update the apology in any less than two weeks:

The UK court of appeal has reprimanded Apple over the wording of the statement on its website acknowledging that Samsung did not infringe the iPad tablet's registered design, and ordered it to put an altered statement on its homepage – rather than tucked away in a linked page – until 14 December....At a hearing in the court in London on Thursday morning, the judge told Apple that it had to change the wording of the statement within 48 hours, carry it on its home page, and use at least 11-point font. Apple tried to argue that it would take at least 14 days to put a corrective statement on the site – a claim that one judge said he "cannot believe".

Apple is of course refusing to comment about the new ruling.

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boogi man

join:2001-11-13
Jacksonville, FL

non-apology

seems like a typical court ordered apology by someone who doesn't agree with the court.

lol
--
my site
Chubbysumo

join:2009-12-01
Superior, WI

Re: non-apology

Go read the original(which is still up). Its not even close to an apology, and actually cites other countries rulings saying samsung infringed.

aciddrink

join:2000-08-26
Lexington, KY

Re: non-apology

I got a laugh out of it.
jjeffeory

join:2002-12-04
USA

Re: non-apology

Haha, I just read what Apple posted. That is NOT an apology!

PapaMidnight

join:2009-01-13
Baltimore, MD

Re: non-apology

said by jjeffeory:

Haha, I just read what Apple posted. That is NOT an apology!

It's not even a non-apology apology.
jjeffeory

join:2002-12-04
USA

Re: non-apology

I agree. Crazy games...

boogi man

join:2001-11-13
Jacksonville, FL
reread what i said...

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL

1 edit
LOL Apple is so technology illiterate it takes them 2 weeks to figure out to change something on their website.

Apple is a horrible company.
fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3

Re: non-apology

Quite honestly, the day that a court orders someone to appologize for suing another company is a sad day in this world. Regardless of what side you cheer on, the fact remains that what this UK court is doing is a HORRIBLE thing for the legal system.

The court ordering apple to "appologize" for accusing Samsung of copying apple, as the court ruled they didn't, is about the same as a dad putting his kid on a street corner with a sign saying "I cheated on my math test"... it's childish and completely un-becoming of a court. The judge that ordered this silly non-sense should be removed from the bench.

Samsung clearly is going after the look and feel of apple.. one just has to look at their latest laptop/tab.. the look and design is exactly of the MacBook Pro.

On the case of the pad, I think the case was valid and apple had every right to challenge it in court.. I think Samsung did no wrong on this, really, as you can't do much with a pad when it's just a rectangular screen. (Laptops are a different story) But, a "court" shouldn't decide infringement in these cases.. there should be a separate body that first has to determine if there is cause for a case or not.. courts are not always the best place to have the argument.. it's where you go to get paid for what was wrongfully done. Up until the point of the court case there was nothing established that Samsung did in fact violate apple's rights.

And news flash people, if you think these companies, on either side, are all innocent and don't push the envelops on their competitor's rights, then you're bigger idiots than I thought.. they all do it. To sit here and say one side is a saint or the other is a horrible company only makes you look like an idiot with nothing worth saying in the first place.

The fact is that like them or hate them, everyone is always using the term "apple killer" , "iPhone killer" or "iPad killer".. that in itself says a lot..

n1581j

@wildblue.net

Re: non-apology

If anybody copied anyone it was Apple using a product developed by SAMSUNG in 1993 from an idea by Grid and marketed by Grid. All Apple has done is condense the size of the idea which was only natural baring in mind developments in technology and software over the intervening years. They even stole the name. PAD. I sold that product before the IPad became Steve Job's wet dream. That was way back when. So NO, Samsung did not copy and it's lawyers should of known this but unfortunately they were still in school and dreaming of cheer leaders at the time

Davesworld

join:2007-10-30
Everett, WA

Re: non-apology

said by n1581j :

If anybody copied anyone it was Apple using a product developed by SAMSUNG in 1993 from an idea by Grid and marketed by Grid. All Apple has done is condense the size of the idea which was only natural baring in mind developments in technology and software over the intervening years. They even stole the name. PAD. I sold that product before the IPad became Steve Job's wet dream. That was way back when. So NO, Samsung did not copy and it's lawyers should of known this but unfortunately they were still in school and dreaming of cheer leaders at the time

Were they at least smokin' hot?

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL
Actually the GRiDPAD was made by samsung in 1989.
It ran MS-DOS with a custom extension to use the stylus/touch screen.
It also had a serial port and memory cards so it was more advanced than the ipad even back in 1989.
A police department in California used them.

The guy who invented the GRiDPAD went on to invent the palm pilot which Apple also copied for the iphone.

Apple just loves stealing everyone else's ideas and designs.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Re: non-apology

said by Oh_No:

Apple just loves stealing everyone else's ideas and designs.

... and patenting them, and then suing.
--
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Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL

Re: non-apology

It is amazing that people pretend that mp3 players, smart phones, and tablets did not exist before the ipod, iphone, and ipad.
Its like when apple tried to say they invented the word app that we all have used for file sharing over modems since before you could even get internet access.

PapaMidnight

join:2009-01-13
Baltimore, MD
said by KrK:

said by Oh_No:

Apple just loves stealing everyone else's ideas and designs.

... and patenting them, and then suing.

Why innovate when you can litigate?

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL
said by fiberguy:

Quite honestly, the day that a court orders someone to appologize for suing another company is a sad day in this world. Regardless of what side you cheer on, the fact remains that what this UK court is doing is a HORRIBLE thing for the legal system.

The court ordering apple to "appologize" for accusing Samsung of copying apple, as the court ruled they didn't, is about the same as a dad putting his kid on a street corner with a sign saying "I cheated on my math test"... it's childish and completely un-becoming of a court. The judge that ordered this silly non-sense should be removed from the bench.

Samsung clearly is going after the look and feel of apple.. one just has to look at their latest laptop/tab.. the look and design is exactly of the MacBook Pro.

On the case of the pad, I think the case was valid and apple had every right to challenge it in court.. I think Samsung did no wrong on this, really, as you can't do much with a pad when it's just a rectangular screen. (Laptops are a different story) But, a "court" shouldn't decide infringement in these cases.. there should be a separate body that first has to determine if there is cause for a case or not.. courts are not always the best place to have the argument.. it's where you go to get paid for what was wrongfully done. Up until the point of the court case there was nothing established that Samsung did in fact violate apple's rights.

And news flash people, if you think these companies, on either side, are all innocent and don't push the envelops on their competitor's rights, then you're bigger idiots than I thought.. they all do it. To sit here and say one side is a saint or the other is a horrible company only makes you look like an idiot with nothing worth saying in the first place.

The fact is that like them or hate them, everyone is always using the term "apple killer" , "iPhone killer" or "iPad killer".. that in itself says a lot..

Patent trolling is what is horrible for our legal system.
I wish in the US they would do this instead of that wacky texas court that always sides with patent trolls.

What this Uk court is great as Apple's lawsuit was frivioulus and they should be punished.

To accuse someone of stealing your idea to force them to spend money and time on litigation is wrong when you 100% know they did not steal your idea.
Apple should be paying samsung back for all the money they spent dealing with them.

Apple's Ipad looks exactly like Samsungs picture frame that was out on the market in 2006. Yes Samsung's device only displayed pictures but they clearly had the design first and Apple copied them.

rcdailey
Dragoonfly
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join:2005-03-29
Rialto, CA
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You could make a pad round, like a Frisbee. The first TV screens were round, because that was the shape of the tube. Round is a shape. I shouldn't use the word "Frisbee" to describe it, I guess, that being a trademark.
--
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Metatron2008
Premium
join:2008-09-02
Stockbridge, GA
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Yes, companies use the term ipad killer...

Just like years ago when people used the term 'playstation killer', or 'nintendo killer', or 'IBM killer', or 'doom killer'.

As usual the bulk of Apple fanboys act like they've never shopped anywhere but apple stores
me1212

join:2008-11-20
Pleasant Hill, MO

Re: non-apology

said by Metatron2008:

.

As usual the bulk of Apple fanboys act like they've never shopped anywhere but apple stores

I'd bet at least 1/2 of them haven't

Simba7
I Void Warranties

join:2003-03-24
Billings, MT

Apple is operated by children

I swear, Apple is operated by a bunch of children. "Why should I apologize when I think I did nothing wrong?"

..not to mention Apple's piss-poor attempt at an apology. Wow.

I guess Apple's too good to actually admit that they were wrong.. on several occasions.
--
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brad

join:2007-09-06
Etobicoke, ON

Re: Apple is operated by children

As a company they act like a total bunch of douchebags. Considerably worse than Microsoft at their worst.

buddahbless

join:2005-03-21
Premium
Reviews:
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Re: Apple is operated by children

You can teach children seems you can't teach apple. Microsoft is heaven sent compared to Apple and this non apology.

If I was the UK courts I'd allow Samsung to counter sue ( under some form of defamation of character) for the amounts that were awarded in the US and Germany simply because those damaging remarks were included in there non apology.
MySpareBrain

join:2000-06-12
Houston, TX
Reviews:
·Comcast Business..

Re: Apple is operated by children

said by buddahbless:

You can teach children seems you can't teach apple. Microsoft is heaven sent compared to Apple and this non apology.

If I was the UK courts I'd allow Samsung to counter sue ( under some form of defamation of character) for the amounts that were awarded in the US and Germany simply because those damaging remarks were included in there non apology.

Sounds like a job for Super Nanny!

N3OGH
Yo Soy Col. "Bat" Guano
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As a duly designated representative of the city, county and state of New York, I hereby order to return forthwith to your place of origin or to the nearest parallel dimension.
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Goober
Premium
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kudos:5
The doucehbag is dead, but the douchebaggery lives on.

Count Zero
Obama-Biden 2012
Premium
join:2007-01-18
Winston Salem, NC
said by Simba7:

I swear, Apple is operated by a bunch of children. "Why should I apologize when I think I did nothing wrong?"

..not to mention Apple's piss-poor attempt at an apology. Wow.

I guess Apple's too good to actually admit that they were wrong.. on several occasions.

They weren't ordered to apologize they were ordered to publicly note that Samsung didn't violate that patent - and they did, and the wording used was the court's own.

veloslave
Geek For God
Premium
join:2003-07-11
Pleasant Hill, CA

1 edit

Re: Apple is operated by children

said by Count Zero:

said by Simba7:

I swear, Apple is operated by a bunch of children. "Why should I apologize when I think I did nothing wrong?"

..not to mention Apple's piss-poor attempt at an apology. Wow.

I guess Apple's too good to actually admit that they were wrong.. on several occasions.

They weren't ordered to apologize they were ordered to publicly note that Samsung didn't violate that patent - and they did, and the wording used was the court's own.

lulz..You sound like apple...

We did NOT get biatch slapped... so neener neener neener

--
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Count Zero
Obama-Biden 2012
Premium
join:2007-01-18
Winston Salem, NC

Re: Apple is operated by children

And you sound ignorant stating Apple was supposed to "apologize"

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL

Re: Apple is operated by children

LOL. A corrective statement is an apology.

Apple is bad and you should feel bad.

Count Zero
Obama-Biden 2012
Premium
join:2007-01-18
Winston Salem, NC

Re: Apple is operated by children

No it isn't and you should the actual original article and judgement.

bobjohnson
Premium
join:2007-02-03
Orlando, FL
Reviews:
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Re: Apple is operated by children

They should have just said the UK found that Samsung did not infringe on our patents blah blah. Then anyone that cares could have figured that out themselves. The way they approached that was very childish and not very intelligent. There are alot better ways around proving that the other countries said they did then to piss off the court.

Oh_No
Trogglus normalus

join:2011-05-21
Chicago, IL
said by Count Zero:

No it isn't and you should the actual original article and judgement.

fiberguy
My views are my own.
Premium
join:2005-05-20
kudos:3
It's not the court's place to order an apology.. talk about childish.

If you said your neighbor tore up your yard, you sue them, and at the end of the case the judge disagrees with your case as presented, would you want the court to make you post a public sign in your yard where you're made to say "I'm sorry I sued my neighbor, he did nothing wrong"... It's not the court's place.. it's a civil court case, not criminal.

The court is way out of line...

bobjohnson
Premium
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Orlando, FL
Reviews:
·T-Mobile US
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Re: Apple is operated by children

said by fiberguy:

It's not the court's place to order an apology.. talk about childish.

If you said your neighbor tore up your yard, you sue them, and at the end of the case the judge disagrees with your case as presented, would you want the court to make you post a public sign in your yard where you're made to say "I'm sorry I sued my neighbor, he did nothing wrong"... It's not the court's place.. it's a civil court case, not criminal.

The court is way out of line...

If your neighbor was a billionaire, high profile dude that did business based on his image and you bad-mouthed him on the news but he didn't actually do it.... I agree with the court on this one.
--

moonpuppy

join:2000-08-21
Glen Burnie, MD
said by fiberguy:

It's not the court's place to order an apology.. talk about childish.

If you said your neighbor tore up your yard, you sue them, and at the end of the case the judge disagrees with your case as presented, would you want the court to make you post a public sign in your yard where you're made to say "I'm sorry I sued my neighbor, he did nothing wrong"... It's not the court's place.. it's a civil court case, not criminal.

The court is way out of line...

In your example, the courts could also dismiss the case "with prejudice" which would not only say you were wrong but you also had to pay the legal fees of the other party.

I would rather apologize then pay the other side's legal fees.

BonezX
Basement Dweller
Premium
join:2004-04-13
Canada

Re: Apple is operated by children

said by moonpuppy:

said by fiberguy:

It's not the court's place to order an apology.. talk about childish.

If you said your neighbor tore up your yard, you sue them, and at the end of the case the judge disagrees with your case as presented, would you want the court to make you post a public sign in your yard where you're made to say "I'm sorry I sued my neighbor, he did nothing wrong"... It's not the court's place.. it's a civil court case, not criminal.

The court is way out of line...

In your example, the courts could also dismiss the case "with prejudice" which would not only say you were wrong but you also had to pay the legal fees of the other party.

I would rather apologize then pay the other side's legal fees.

Britain is a loser pays system, so Apple does more or less have to pay legal fees.

just like most other countries other then America.
tanzam75

join:2012-07-19

Re: Apple is operated by children

said by BonezX:

Britain is a loser pays system, so Apple does more or less have to pay legal fees.

just like most other countries other then America.

The British legal system also does not look kindly upon what are called "vexatious litigants." People who frequently launch meritless lawsuits solely for the harassment value can be denied access to the courts in the future.

The sort of passive-aggressive behavior that American lawyers engage in would get them disbarred in most developed nations. The court system is less clogged up when the lawyers aren't pursuing every technicality to slow down the process. This saves money for the litigants, it saves money for the taxpayer, and it provides better access to justice.

Goober
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Naperville, IL
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Reviews:
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Re: Apple is operated by children

said by tanzam75:

said by BonezX:

Britain is a loser pays system, so Apple does more or less have to pay legal fees.

just like most other countries other then America.

The sort of passive-aggressive behavior that American lawyers engage in would get them disbarred in most developed nations. The court system is less clogged up when the lawyers aren't pursuing every technicality to slow down the process. This saves money for the litigants, it saves money for the taxpayer, and it provides better access to justice.

Care to elaborate?
--
I guess we'll have to sue Mother Nature now for voter suppression. Vote Romney/Ryan 2012 and end the stupidity.

FBGuy
Premium
join:2005-03-19
Evanston, IL

hahaha

Apple lawyers tried to argue that it would be impossible to update the apology in any less than two weeks

Judge needs to tell Apple to STFU and play ball.

See 19 replies to this post
decifal

join:2007-03-10
Bon Aqua, TN
kudos:1

that was?

I just read the apology.. Was it an actual apology? I couldn't tell with all the bullcrap

Killa200
Premium
join:2005-12-02
Southeast TN

Re: that was?

Sure it was an apology! They said they were sorry... sorry that they didn't win like they deserved!

God what a joke apple. How about you stop trying to skirt things and just take your lumps like ordered and deserved.
decifal

join:2007-03-10
Bon Aqua, TN
kudos:1
Reviews:
·Verizon Broadban..

Re: that was?

said by Killa200:

Sure it was an apology! They said they were sorry... sorry that they didn't win like they deserved!

God what a joke apple. How about you stop trying to skirt things and just take your lumps like ordered and deserved.

Preach it!

BigBlarg

join:2008-02-10
Longueuil, QC
kudos:1
Where is it? I can't find it.

Edit : Oh wait... I already read it but didn't know it was the apology.
tanzam75

join:2012-07-19
said by decifal:

I just read the apology.. Was it an actual apology? I couldn't tell with all the bullcrap

It's the standard "politician's apology."

Not "I apologize for doing wrong to you," but "I regret that you felt were offended." In other words, it's not my fault for doing bad stuff -- it's your fault for objecting to my doing bad stuff.

We hear it on TV all the time, and it's become the standard form of apology in America.

It's a good thing that the British haven't changed the meaning of the word "apology." An apology means nothing if it's twisted like that.

billI

@adelphia.net

new Apology

I would say you have 48 hours to write a new Apology, or Samsung will write one for you.
m60521

join:2001-12-28
Hinsdale, IL

I had to search for the link even though I knew it was there

I think a jail sentence for contempt of court would be appropriate.

That was definitely NOT an apology. Put someone from Apple in a prison cell with "no rounded corners!"

aciddrink

join:2000-08-26
Lexington, KY

Re: I had to search for the link even though I knew it was there

Who goes to jail? "Apple"? The web developer that posted the message? The CEO?
talz13

join:2006-03-15
Avon, OH

Re: I had to search for the link even though I knew it was there

How about all of them!

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Contempt of Court?

Didn't the original ruling say that Apple had to put the text on its homepage? I'm surprised they weren't cited for contempt.
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CptSpaulding

join:2009-07-21
Cincinnati, OH

Apology?

It took me a minute to figure out that was the apology. I thought I clicked the wrong link.

Metatron2008
Premium
join:2008-09-02
Stockbridge, GA
Reviews:
·Charter

The apology says a german court ruled in Apples favor.

Where? All I can find is that the german courts ruled in samsungs favor:

»www.engadget.com/2012/09/21/germ···-patent/

buddahbless

join:2005-03-21
Premium
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Re: The apology says a german court ruled in Apples favor.

good find.. I know there was something wrong when I read win in Germany... Apple left this part out....

"On September 9, 2011, the German court ruled in favor of Apple, with a sales ban on the Galaxy Tab 10.1.The court found that Samsung had infringed Apple's patents. Presiding judge Johanna Brueckner-Hoffmann said there was a "clear impression of similarity". Samsung would appeal the decision.
HOWEVER....
In March 2012, the Mannheim state court judges dismissed both the Apple and Samsung cases..."

If I was the UK courts I'd allow Samsung to counter sue ( under some form of defamation of character) for the amounts that were awarded in the US and Germany simply because those damaging remarks were included in there non apolog

jap
Premium
join:2003-08-10
038xx

2012: the year familiar Apple products started looking ugly

The devices have begun to physically slough off a film of entitlement & exceptionalism germs that make me feel like I need to bathe after handling.
WHT

join:2010-03-26
Rosston, TX
kudos:5

They lost the home page URL

Something about Apple Maps, they said.

Subaru
1-3-2-4
Premium
join:2001-05-31
Greenwich, CT

I saw this

And I too thought they did not really care about putting it on the website, they still tried to take pop shots and pointed out that the iphone was "cool" and the Samsung was not from what the judge said.

Apple is making themselves look very childish

David
Now accepting new patients
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kudos:78

judge should have fined them..

1/2 their U.S. stock price and shares. I guarantee that would shut them up real quick and that apology would be much more apparent. Apple would have had to explain that to their investors.
gateguy
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Reisterstown, MD
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Clarification

If the first attempt at an 'apology' was not to the courts liking, I would ask the court for the exact text to use.

Otherwise, the court could continue this forever.

Also interesting, to just be a dick, I would use 72 point font and be very long winded in the apology (72 is at least an 11 point font)
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jjeffeory

join:2002-12-04
USA

Re: Clarification

The court has better things to do than hassle a company. If Apple had given a true apology, there would be no need for the court to redirect...

Believe me, the courts are busy and have MUCH more pressing matters than addressing the childish BS Apple pulled.
gateguy
Premium
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Re: Clarification

said by jjeffeory:

...true apology...

That's in the eye of the beholder.
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MrWhooHooHoo

@sbcglobal.net
You can get away with that kind of childish behaviour if you're a corporation in the US. In Britain it would be regarded [correctly] as a deliberate attempt to show contempt for the court. Up to two years in prison and and an unlimited fine. All they had to do was do what the court ordered and nobody would have paid any attention. Now they look like they're run by five year old kids. Instead they chose to thumb their nose at the court. Smacking may be outlawed in the US, but it's still legal in Britain, at least if you piss off a judge.
gateguy
Premium
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Re: Clarification

Then the court should have stated exactly what they wanted.

I would have done the exact minimum per the court decision, meaning

From Apple
Sorry
Samsung did not copy Apple

End from Apple

Not one word more.
--
Time for a new message.
tanzam75

join:2012-07-19
said by MrWhooHooHoo :

You can get away with that kind of childish behaviour if you're a corporation in the US. In Britain it would be regarded [correctly] as a deliberate attempt to show contempt for the court. Up to two years in prison and and an unlimited fine. All they had to do was do what the court ordered and nobody would have paid any attention. Now they look like they're run by five year old kids. Instead they chose to thumb their nose at the court. Smacking may be outlawed in the US, but it's still legal in Britain, at least if you piss off a judge.

Indeed.

British law tends to put more emphasis on the spirit of the law, rather than the exact wording. You simply cannot get away with the sort of childish games that American lawyers play.

pjcamp

@spelman.edu

The queen's apology

We are sorry you were offended by what we did.

CdnPedant

@bell.ca

Still Nothing

I find it interesting that not even the older, childish "non-apology" is gone, but has not been replaced with anything of substance. There is a link at the bottom of the Apple's UK home page, but it only seems to refer to two court documents. There is nothing resembling an apology and that does nothing to repair the harm done to Samsung. Surely Apple doesn't expect the average consumer to go through all of that "legalese" to figure out that that message is supposed to pass for an apology.

As I understand it, the order also said that it should be prominently displayed. Having to scroll down to the bottom of the page, even on a 1920x1200 display, cannot be called "prominently displayed", not even if you're Phil Schiller or an Apple lawyer. The order should have instructed them to move the iPad mini nonsense down and put the link first. That would be prominently displayed.

I don't think Samsung is altogether innocent, but Apple should not be allowed to get away with this sort of nonsense, particularly what they have been trying to do in U.S. courts.

Mark my words, if they don't change soon, Apple's own arrogance will ultimately be their undoing.

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