back to article German court rejects Samsung tablet appeal

Apple's demand that the Samsung Galaxy Tab 10.1 be banned from sale in Germany has been once again confirmed by a German court. The Dusseldorf regional court rejected an attempt by Samsung to overturn the previously imposed ban. Apple's victory doesn't actually amount to much because Samsung had already pulled the original …

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Pirate

Patents are the new Nuclear weapons - once you get into a war, the outcome is Mutually Assured Destruction.

Apple and Samsung - get real, shake hands, and move on. Or you'll waste so much money and effort that your share price will plummet and you'll become a takeover target, probably for someone like Google or Microsoft.

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Anonymous Coward

"Apple and Samsung - get real, shake hands"?

Stop behaving like stupid, immature children, grow-up and act like adults! My kids are under 10 and even they aren't as pathetic as these two, well alright most of the time they're not but my kids aren't in charge of multi-billion dollar companies.

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@AC 12:33

Agreed. Can't help but suspect a lot of this is the Jobsian mandate of a nuclear war on Android.

Load of nonsense, anyway. It's sad that a whole load of money will be wasted on these sort of legal spats before either:

1) shareholders point out that the money pissed away in legal squabbles is approaching or greater than the amount a settlement would have cost, without satisfactorily resolving the issue or

2) government body/bodies point out that this is not the intention of patent laws and that they need to cop the %^&* on or risk losing their patents (Oh, how I wish there were an icicle's chance in hell of this actually happening...)

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FAIL

Patents?

Interesting opinions about patents but largely irrelevant to this story, as Apple contend that Samsung have breached their design copyright, not any patents.

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Isn't the look and feel of the devices basically the Android OS?

Or is this about it being a big rectangle with a screen?

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Flame

That's exactly what it's about

More precisely, it's about being a rectangle with a screen that is also better than Apple's product at the same price. Apple would be after the Transformer Prime, too, if it weren't for the dock.

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To be fair, Apple would probably let someone get away with a rectangular screen if they put a huge unnecessary border around it, or sold it smeared in excrement, or had razor-sharp corners that maimed anyone who tried to pick it up, or did something other than the blindingly obvious things most people would do to make something look nice.

Jobs/Ives/etc did (collectively, and in whatever order decisions were made) decide to make tech stuff which looked nice to many and was aspirational, rather than just functional.

That decision paid off, and they reaped the rewards, but it's not as if they invented the concept of 'nice'.

Once other people start making nice tech stuff as well, it's not at all obvious that there should be much that should be restricted, beyond actual passing-off.

If stuff is white or black or some version of silver, it's going to end up looking a fair bit like something else of a similar shape which is, the way a lot of silver/grey modern cars aren't always too easy to distinguish from a glance - there are practical limits on how different they could look, and it's only really things which are actively different from the general shape (like a lot higher window-line) tat tend to be distinctive.

If people are going to go for unobtrusive and subtle designs, they're likely to look fairly similar.

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Have you actually used the device? For it's power it's pretty poor. It's slow when navigating menus, crashes frequently and in games that are out on both iOS and Android devices it's much less stable and performs worse. Obviously I've not tested every game but having used the device for a couple of weeks I can say I was pretty disappointed.

Apple would have a better job not blocking it and just letting people see it for what it is.

Of course the anti Apple brigade will love it with as much fervour as the Apple lot hate it.

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"Apple would have a better job not blocking it"

I agree, Gary, the device should be allowed to stand or fall on its own merits. If it's really as bad as you say then users will vote with their wallets - even if they don't want an iPad it's not like they're short of alternatives now. But Apple won't let the 10" Galaxy Tabs be judged openly, because that would take money and market share away from them - and God help them if it turns out the public think the Tab genuinely is better.

This is why I personally hate Apple; it's not the tight control on development, the fashion-victim pricing or the massive proportion of Apple users who are complete twunts. It's that Apple believe the only way to win a race is to stop anyone else competing. They've done it many times - by forcing all apps to be sold through the App Store, by prohibiting digital media publishers from undercutting the App Store, and now by preventing potential rivals marketing their products on the flimsiest of grounds.

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Samsung doesn't seem to have smooth start this year, EU Antitrust investigation against Samsung is on the way: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/89&format=HTML&aged=0&language=EN&guiLanguage=en

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Coffee/keyboard

Having just switched from an iPhone 3GS to the Samsung Galaxy SII (one of the phones that's alleged to have "stolen" from the iPhone look and feel), I can confidently say that Apple are talking bollocks. Even a lawyer could spot the obviously different size, thickness and finish of the Samsung hardware - so I can only conclude this is Apple trying to hinder their competitor by bogus court manoeuvres. I'm much happier with the SII than the Apple, not least since I don't have to dual boot into Windows (from Linux) just to use iTunes when I want to change the music I have stored on my phone. Even if I wasn't a Linux nerd, I'd still be happier with the SII, as I find the screen much clearer and have the option to install a browser with an ad blocker (Firefox and Ad Block Plus in my case).

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+1

I'm much happier with my Galaxy S II than I ever was with my iphone. I just don't get the 'interface' of the iphone, which just looks like an app drawer.

But I reckon the case is about stalling the Galaxy Tab long enough so that Apple can get the ipad 3 out - I've played with the Tab (thankfully Aus courts threw this case out) and its slimmer, lighter, faster, and the OLED screen really leaps out at you.

If you're an apple fanboi you wont like it of course, but if you're new to tablets the Tab is a definite alternative for a similar price.

Plus now Samsung are advertising this as "The tablet Apple didn't want you to see" over here, and have stated the court case has given them more publicity than they could ever afford themselves, so in some ways its a bit of an own goal by Apple...

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