back to article Judge: Apple must run ads saying Samsung DIDN'T copy the iPad

Apple must run a national ad campaign saying that Samsung did not copy them, a High Court judge ruled yesterday - according to this Bloomberg report and a draft court order seen by The Reg. Judge Birss of the Patents Court instructed Apple to run ads displaying the notice in newspapers and magazines including the Daily Mail, …

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  1. Chris 3

    Wow

    Well, that might damp down the patent shenigans a bit. I wonder if Apple will appeal, I would have thought so.

    1. Captain Scarlet Silver badge
      Devil

      Re: Wow

      They might do in England, elsewhere where they are successful they will ramp up the lawsuits

      1. Anonymous Coward
        Headmaster

        Re: Wow

        Maybe they'll even do it in Wales, Scotland and Northern Ireland too.

        Or did you mean Britain?

        1. Anonymous Coward
          Anonymous Coward

          Re: Wow

          Northern Ireland's not in Britain, but it's in the UK.

          Perhaps you should learn about your own country before having a go at the yanks.

          And in any case, the legal system of England and Wales is different from those in Scotland and Northern Ireland, so the ruling probably applies only to England and Wales.

          1. Witts

            Re: Wow

            True, but .co.uk domains are gonna appear the same regardless of which of our wonderful UK countries you visit them from

    2. Shagbag

      Re: Wow

      That will depend whether the High Court gives them leave to appeal and on what grounds.

    3. Eradicate all BB entrants

      Re: Wow

      No one will see the print version as Samsungs UK lawyers will buy all copies to ship to their US counterparts for evidence in their ongoing cases.

    4. Anonymous Coward
      Anonymous Coward

      The Ad will read

      Apple IPad, probably the best tablet in world which Samsung tried to copy but failed.

    5. Anonymous Coward
      Anonymous Coward

      Re: Wow

      If this judgement holds up, Apple will have to modify it's business plan from the ground up.

    6. AndrueC Silver badge
      Joke

      Re: Wow

      > I wonder if Apple will appeal

      Doesn't appeal to me in the slightest :D

  2. Ian 62

    Should do EXACTLY as the judge said

    If they ran with something like:

    'Samsung didnt copy us. The judge said theirs wasnt as cool as ours'

    Would that meet the letter of the ruling, but maybe not the spirit? :)

    1. Anonymous Coward
      Anonymous Coward

      Re: Should do EXACTLY as the judge said

      Perzackly! Maybe resurrect the 'Think Different' strapline.

      If Apple's PR and Ad agencies can't find a way to turn this into a win, I'll be very surprised

      1. This post has been deleted by its author

      2. Mark .

        Re: Should do EXACTLY as the judge said

        "Think Different" is exactly what I do in response to Apple fans telling me I should use an Iphone or Ipad.

    2. smartermind
      Devil

      Re: Should do EXACTLY as the judge said

      Only if they add the words "only the sheep buy Apple products which are overhyped and expensive to run"

      1. Anonymous Coward
        Anonymous Coward

        Re: Should do EXACTLY as the judge said

        What makes you think Apple products are expensive to run? Once you've got an iPad, for example, the only obligation is to pay for electricity to charge it which is about 84p a year.

        Source: http://www.mactrast.com/2012/06/charging-an-ipad-costs-1-36-a-year-less-than-60-watt-fluorescent-lightbulb/

    3. Anonymous Coward
      Anonymous Coward

      Re: Ian

      Because nothing says cool like putting on your website that an almost 50 year old judge says it is

      1. Dodgy Geezer Silver badge
        Happy

        Re: Ian

        "...nothing says cool like putting on your website that an almost 50 year old judge says it is..."

        That's very young for a judge.....

      2. PJI
        Flame

        Re: ageism

        How old are you? 12? Look around when you start work. You may be surprised how many rather good and innovative engineers are older than you. Think about it, idiot. Do you think Linus Torvalds or Tim Berners-lee (about 42 and 57 respectively) are still teenagers or lost their marbles the day they reached 21? Dreadful and unexpected; but the moving spirits behind UNIX, C, shell etc. are about 70, some even old enough to have died of old age, which you will not live long enough to see with your out-dated attitude.

        No wonder the quality of young informatics types' code and design is so piss poor if you are that ignorant and rude. You are condemned to repeat the mistakes of your silly forbearers.

        1. Anonymous Coward
          Anonymous Coward

          Re: ageism

          You're a idiot. Who said anything about him not being capable of doing the job? As for your example, fine engineers though they are do not exactly portray 'coolness' which was the point I made. Cool is just an arbitrary word assigned to things people think are good at the time and it is mostly the young who define it. Once you get a bit older you realise it doesn't matter a damn but when you were 18 were you desperate to be seen in the same clothes as your parents? Listening to the same music as your gran? Or were you like most people at that age who want to be seen to be different to the older generation, what you liked was cool and what they liked wasn't. Learn how to do critical thinking before mouthing off.

          1. Anonymous Coward
            Anonymous Coward

            Re: ageism

            You're the idiot: Cool has nothing to do with age and is irrelevant to justice and anything except picking up a similarly vapid partner. As for music, I lsten to what I like, not what's "cool". Some is "cool" (as would be some liked by my grandparents if they were still alive) and other has been "cool" for upwards of 400 years and some is new and distinctly "uncool".

            Justice is not about age. Being good at your job is not about age (except that older workers tend to be more experienced than youngefr ones).

            So, idiot to even mention the judge's age as if that is even relevant. His experience and legal knowledge: those are relevant. As he has been appointed a judge, I think we can take those for granted in the British system.

            Your personal feelings about Apple, Microsoft, Google or whatever are not relevant. "Cool", dispassionate evaluation of the arguments and facts is. For that, some maturity usually helps.

      3. rbryanh

        Re: Ian

        Agism is no more acceptable than racism, homophobia, or any other form of bigotry.

        And given that it's never anything more than an ad hominem attack, it's a sign of a weak mind as well as a weak character.

      4. Dire Criti¢
        FAIL

        Re: Ian

        "Because nothing says cool like putting on your website that an almost 50 year old judge says it is"

        And just how old was Jobs when he died?

        1. Timfy67
          Trollface

          Re: Ian

          "And just how old was Jobs when he died?"

          V5.60

      5. elderlybloke
        Happy

        Re: Ian

        Dear Mr Anonymous Coward,

        Us over 50 persons (mainly) have brains that work quite well.

        Even better than a lot of young ones. Not so much or so many "substances" inhaled,injected or swallowed by the mature ones.

        1. Anonymous Coward
          Anonymous Coward

          Re: Ian

          "Even better than a lot of young ones. Not so much or so many "substances" inhaled,injected or swallowed by the mature ones."

          Speak for yourself.

          I've personally stopped partying in the vicinity of youngsters, because they can't handle their drugs. And they're rubbish about discussing Crowley and Voltaire after a bong or two.

    4. Shagbag

      Re: Should do EXACTLY as the judge said

      Yeah. I can see "the kids" really "getting down" with Apple products when a guy wearing a wig and stockings says using a iPad is "cooler". Yeah. That'll work.

      1. Allan George Dyer Silver badge
        Coat

        Re: Should do EXACTLY as the judge said

        "a guy wearing a wig and stockings says"

        well, Shagbag, it depends on the demographic they're going for - Priscilla, Queen of the Desert is something of a cult classic.

    5. CheesyTheClown Silver badge
      Angel

      Re: Should do EXACTLY as the judge said

      Or better yet "Samsung didn't copy the iPad... stay tuned and watch them not copy our next one very well either"

  3. Anonymous Coward
    Anonymous Coward

    Timing is perfect!

    If they're forced to say something generic like "Samsung's Galaxy computers do not infringe Apple's registered designs" then it not only puts a stop of all other existing disputes, but also makes that new scroll bar patent which they're no doubt going to go legal with very awkward!

    I assume they'll appeal and win though.

    1. Dr. Mouse Silver badge

      Re: Timing is perfect!

      That's what I thought, too. In any other case, worldwide, Samsung would just be able to point to the official Apple UK page and newspapers for an admission that they didn't copy Apple.

      1. Psyx

        Re: Timing is perfect!

        "That's what I thought, too. In any other case, worldwide, Samsung would just be able to point to the official Apple UK page and newspapers for an admission that they didn't copy Apple."

        Nope. The judge has already stated in reaction to Apple's reaction that Apple are entitled to hold their opinion that it's copied, but in the eyes of the law it isn't. Just as GSK are holding by their opinion that Lucozade makes you run faster, despite the lack of evidence.

        And it doesn't resolve any other cases. Laws vary by nation. If you read the Judgement in detail, you'll see that the Judge does reference court findings from Europe and the US that were placed before him, but noted that that was there, this is here, and he will hear the case on it's own merit not based on the choices of some American fangrrrl Judge, thankyouverymuch.

    2. Charlie Clark Silver badge

      Re: Timing is perfect!

      Why do you think an appeal will be successful? Looks like the judge is merely backing up his judgement that Apple's actions were damaging and maybe even defamatory. Nice precedent.

      Maybe Apple's motto will become: live by the court, die by the court.

      1. Anonymous Coward
        Anonymous Coward

        Re: Timing is perfect!

        I've no basis for thinking they'll win an appeal - just one of those feelings!

        I like that new motto though - someone could porbably come up with an excellent t-shirt design for that!

      2. Duncan 4
        Thumb Up

        Re: Timing is perfect!

        Nice one! For a company whose main business seems to increasingly be marketing and litigation this must be a really bitter pill to swallow. If Steve were still around heads would be rolling.

        1. smartermind

          Re: Timing is perfect!

          Probably his own first - he wasn't infallible

    3. Anonymous Coward
      Anonymous Coward

      Re: Timing is perfect!

      "it not only puts a stop of all other existing disputes"

      Errmm - no it doesn't. In the UK only, it may set a precedent for a judge to consider, but each case will be judged on its own merits.

      1. The Bit Wrangler

        Re: Timing is perfect!

        "Errmm - no it doesn't. In the UK only, it may set a precedent for a judge to consider, but each case will be judged on its own merits."

        But in any other country Samsung's lawyer is simply going to point to their own UK website and say "Why does this say that Samsung aren't copying you ?". Sure they can say "because the UK court is wrong" but it doesn't take away from the fact that their own site has a statement opposing their other law-suits.

        Of course, I expect Apple to wriggle a hell of a lot before they'll actually do this. Would they actually pull-out of the UK market before complying with this?

        1. a53

          Re: Timing is perfect!

          "Of course, I expect Apple to wriggle a hell of a lot before they'll actually do this. Would they actually pull-out of the UK market before complying with this?"

          I seriously hope not .....

          1. Jess--

            Re: Timing is perfect!

            of course they wont pull out of the UK market, all that will happen is that for 6 months there will be a statement on the footer of the uk homepage (in a suitably small almost white font) saying samsung didn't copy them.

            of course you will not get a chance to read it because after 1.1 seconds you will be redirected to an experimental welcome page that is being trialled for 6 months, of course this new page will not feature the statement since it is not the home page

            1. Field Marshal Von Krakenfart
              Facepalm

              Re: Timing is perfect!

              No; crApple will use the MickySoft defence, "Oh sorry, we never noticed that the message was removed 17 months ago due to a 'technical error'" .

          2. Nigel 11
            Meh

            Re: Timing is perfect!

            The judge can't order Apple to change its corporate mind. The case-law implications in other jurisdictions would be the same, whether or not the judge had ordered the publicity. With respect to future Apple vs Samsung action, the publicity order is a non-issue.

            Whether it'll hurt Apple's sales remain to be seen. People do not like bully-boy companies, though to what extent this will tar Apple with that brush remains to be seen. Their Teflon coat is probably good for a while yet.

        2. rototype

          Re: Timing is perfect!

          "Of course, I expect Apple to wriggle a hell of a lot before they'll actually do this. Would they actually pull-out of the UK market before complying with this?"

          Would they? Please? PLEASE?

          Personally I'd like to buy the Judge a pint for having the balls to say 'You've been naughty and now you have to say sorry - publicly' to Apple.

  4. g e
    Holmes

    Better than any fine

    There's no fine that would be likely to be imposed that Apple could care about financially but given their image obsession this is probably a better/more fitting penalty anyway.

    Will also give companies something to think about when they're bring what are essentially nonsense lawsuits designed to harass competitors and hinder their sales.

    1. Anonymous Coward
      Anonymous Coward

      Indeed and it works both ways...

      I would imagine it's now possible for Apple to get a court decision demanding that Samsung posts on their US website and media that they've copied the iPhone and iPad.

      1. Anonymous Coward
        Anonymous Coward

        Re: Indeed and it works both ways...

        You're right - and the deeper you delve the worse it gets....many people think this is just about copying the ground-breaking rectangular display paradigm pioneered by Apple, but they couldn't be more wrong....

        ....a recent teardown has shown that the SoC, RAM and many components inside Samsung's offerings have been slavishly copied from those Apple use in their devices.

        1. sabroni Silver badge

          Re: Indeed and it works both ways...

          They copied it by putting RAM inside!! The bastards! Don't they know Apple have a patent on "mechanism to remember stuff while device is powered up"?!

        2. peter 45
          Happy

          Re: Indeed and it works both ways...

          Yet. di

          dn't Samsung realise RAM comes in rectangular shapes. How dare they !

        3. Anonymous Coward
          Anonymous Coward

          Re: Indeed and it works both ways...

          Perhaps Apple slavishly copied the placing of industry-standard Intel x86 processors, RAM, graphics cards and so on inside their laptops and PCs. In fact so slavishly, you could run Windows or Linux on them if you were sufficiently warped to want to do so. Perhaps you could run OS/2 on them and replace the front badge with PS/2 (you know, the IBM one) perhaps with a small "compatible" badge next to it, only it would run a little faster than the original.

          As well as looking to some people like possibly "copying" all the other ARM licensees on their ARM gear. Lots of prior art if you want to look at it that way. I imagine they could well all use similar RAM. If Apple didn't want to look similar to the other licensees they would have licensed something else instead, like MIPS.

          Incidentally maybe you should be careful of making such bold statements as "X copied Y". Maybe you will be the next person funding newspaper and web adverts ;)

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