back to article APPLE: SCREW YOU, BRITS, everyone else says Samsung copied us

Apple has complied with a UK court order by admitting on its website that Samsung's Galaxy Tab did not rip off the patented iPad design. High Court Judge Birss had instructed Apple to publish a statement online and in print after ruling that the South Korean electronics giant had not infringed Cupertino's patent. The statement …

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  1. wowfood

    Called it

    But then again, I think we all did now didn't we?

    I wonder if Samsung will take it back to court with a claim that they failed to meet the orders requirements.

    1. Anonymous Coward
      Anonymous Coward

      Re: Called it

      Or maybe they'll piss the judge off enough for him to pull them up for contempt of court ... especially the bit about the court in Germany which he specifically commented on in his own ruling

      1. Dr. Mouse Silver badge

        Re: Called it

        "Or maybe they'll piss the judge off enough for him to pull them up for contempt of court"

        I think they are treading a very fine line. They are just about complying with the letter of the ruling, maybe.

        Whether or not it is legally "contempt of court", they are showing contempt for the court.

        1. dotdavid
          WTF?

          Re: Called it

          Apple really left me speechless when I read that this morning - I expected some tiny text link to a terse statement of the facts of the court decision. What I didn't expect was the... frankly childish statement they posted up instead. It's like telling a child to say sorry for hurting someone, and them saying "I'm sorry you thought I hurt you... but my mate Fred said that he thought I didn't hurt you at all so there"

          Contempt of court or not I would be incredibly surprised if this is the end of the story; I can't see any judge standing for this sort of behaviour. As Dr Mouse says, they are definitely showing contempt of the courts.

          1. Anonymous Coward
            Anonymous Coward

            Re: Called it

            Well it's not like they are a real computer company anyway, having failed to set the PC or server world on fire, they drop the "computer" part from their name and concentrate on lawsuits as their main form of research.

            Perhaps they aim to be like a certain US-based "hifi" company which likes to put its logo in big block letters everywhere.... - legal action after reviews, heavy marketing to susceptible types, short on down-to-earth tech details unlike their competitors, and ambitious pricing.

            1. Anonymous Coward
              Anonymous Coward

              Re: Called it

              Someone pointed out on this forum that Apple employs more computer chip designers than any other company. It sounded unlikely (but certainly possible given Apple's financial status) but if true, this would make your rant pretty well wrong.

              1. Vic

                Re: Called it

                > Apple employs more computer chip designers than any other company.

                Apple employs more designers than Intel?

                I doubt it...

                Vic.

                1. Anonymous Coward
                  Anonymous Coward

                  Re: Called it

                  (a) Your quote is out of context.

                  (b) I also doubt it

                  (c) There is ample evidence that Apple have spent a lot of money building a non-trivial chip design group

                  http://www.pcworld.com/article/164149/apple_chips.html

                  http://news.yahoo.com/apple-hires-away-former-star-samsung-chip-designer-210747088.html

                  http://www.marketwatch.com/story/apple-reducing-samsungs-role-in-chips-supply-2012-10-15

                  I cannot be bothered to do the research at this stage, my point was the OP was ranting and has a deluded idea of Apple and the engineering capabilities contained within the corporation

        2. Anonymous Coward
          Stop

          Re: Called it

          In what way are they showing contempt for the court? They're complying exactly with the ridiculous demand the court imposed.

          What other cases have ever had this requirement?

          Recently Dyson was involved in a bitter public dispute with Vax, with Dyson claiming Vax had copied its designs. This was widely commented in design media (unfortunately design doesn't warrant the same wide public interest that tech does)

          Dyson eventually lost on appeals court, however Dyson was never ask to publish anything. Why Apple? It's ridiculous.

          1. Dr. Mouse Silver badge

            Re: Called it

            "They're complying exactly with the ridiculous demand the court imposed."

            Whether you, or Apple, or anybody else thinks it is ridiculous, it is what the court have told them to do. By making it obvious how much they disagree within the court-mandated post, they are showing contempt for the courts decision.

            1. Anonymous Coward
              Anonymous Coward

              Re: Called it

              They did what the court told them to do.

              The court can't forbid them from adding other relevant facts and quoting the court itself.

            2. toadwarrior

              Re: Called it

              I don't recall the court order stating they had to agree with it so why should they? They obviously don't because they intended to win it.

              1. bean520

                Re: Called it

                "I don't recall the court order stating they had to agree with it so why should they?"

                They dont agree with it and thats natural. Slating the defendant and the UK courts (legally this is contempt of court) in that same requirement statement, where they could have just written it in a neutral tone, is asking for trouble. Its like a criminal insulting the victim and court in an interview after sentencing

            3. toadwarrior

              Re: Called it

              It's not like they had to apologise despite the fact so many people seem to be confused and think they have to. Which by the way is why you never take legal advice from anyone on the net. They can't even understand a basic ruling.

              They had to acknowledge the ruling and they have. I suspect the high paid lawyers that almost certainly wrote that know a fair bit more than a bunch of angry fandroids on the register.

          2. Dave 126 Silver badge

            Re: Called it

            >"I think they are treading a very fine line. They are just about complying with the letter of the ruling, maybe."

            Isn't doing precisely this that lawyers are paid to do?

            >"...design doesn't warrant the same wide public interest that tech does... ...Dyson was never ask to publish >anything. Why Apple? "

            Haven't you just answer your own question? The court ruled Apple had to make this statement in the national media only beacuse the case had previously had so much attention in the press. The judge felt this was proportional.

            1. Anonymous Coward
              Anonymous Coward

              Re: Called it

              "Haven't you just answer your own question? The court ruled Apple had to make this statement in the national media only beacuse the case had previously had so much attention in the press. The judge felt this was proportional."

              But it's obvious that the court final decision also got a lot of attention in the general press, so why the extra - unheard of - requirement? Apple isn't responsible for what the media chooses to pay or not pay attention these days.

              Sorry it makes no sense at all, and neither does the judges' opinion of what makes something "cool" or not. The whole thing was a pathetic joke.

              1. Handle This
                FAIL

                Re: Called it

                I agree. The judge's opinion of "cool" is not a part of the Court Opinion - it is something called "dicta" and has no force for enforcement purposes; it quite literally is not a part of the ruling. On the other hand, the judge's perception that Apple had engaged in extra-judicial name-calling and media engagement so as to warrant the presentation of a correction is a part of the decision. It occurs relatively frequently when a party has introduced misleading or flat-out incorrect info in a perceived attempt to manipulate the court or the public. That part is not ridiculous or so very unusual. The unusual part is that Apple should have left itself open to such an order, a d then displayed such open passive-aggressiveness more common to a kindergarten schoolyard. When you play with the big boys you don't always get to make your own rules. That expectation is a fail.

                1. Anonymous Coward
                  Anonymous Coward

                  Re: Called it

                  I'm waiting for the revised ruling now... something along the lines of:

                  "Apple is very sorry for behaving like a bunch of fucking children in dealing with your esteemed court system. Samsung did not copy us, and we apologize to both Samsung and the judge for our behavior in this matter." Full page ads, in 80pt bold Comic Sans, black text on white background, with no other images and text than Apple's logo and contact information. Requiring review and approval by the judge prior to printing.

              2. Ru
                FAIL

                Re: Called it

                "why the extra - unheard of - requirement?"

                The requirement for the losing party in a court case to have to make a public apology in the national press might be unheard of by you, but it is by no means a unique occurrence in the UK, let alone the rest of the world.

          3. Anonymous Coward
            Anonymous Coward

            Re: Called it

            I'm guessing it would be because the perceived loss to Samsung would be far greater since it was covered in the national media.

          4. Peter 48

            Re: Called it

            if you read the ruling it clearly explains that due to the high profile of the case and the ambiguity of trial and appeal verdicts from other European states Apple's accusation has harmed the image of Samsung and their ability to sell their product. That is why they are required to make a public apology. Dyson are at an advantage that their case wasn't widely known, so there was no damage done to Vax's image.

            1. jacobbe
              FAIL

              Re: Called it > obfuscation

              No apology required. The judge states that he does not want Apple humiliated, just to publish the statement.

              By putting all this extra nonsense about other courts, the UK courts decision is obfuscated.

              I would hope that they made to remove the extra non-sense and have to statement sit on their front page for 12 months rather than 6.

              1. Anonymous Coward
                Anonymous Coward

                Re: jacobbe

                "No apology required. The judge states that he does not want Apple humiliated, just to publish the statement."

                No apology was required but I wouldn't be completely surprised if an apology, at least to the judge and court, was not included in the revised instruction. It's not a stretch to argue that Apple was disrespectful to the court's authority and borderline, if not outright, contemptuous. The only question here is how much offense the judge is taking to the situation... and we're all just guessing on that.

          5. Anonymous Coward
            Anonymous Coward

            Re: Called it

            @dx

            "In what way are they showing contempt for the court? "

            Are you blind? That retina display doesn't seem to be paying for it's self.

          6. Psyx
            Stop

            Re: Called it

            "In what way are they showing contempt for the court? They're complying exactly with the ridiculous demand the court imposed."

            Errr...no, they're being weasels.

            "What other cases have ever had this requirement?"

            Aside from the fact that apologising should *need* to be legally stipulated, it doesn't really matter. It was the judge's ruling. Personally, I consider it a more 'adult' and reasonable judgement than just slapping down a fine, or similar.

          7. Dave 15

            Re: Called it

            I suspect Apple were asked to print because they had made such a noise and gained so much publicity. This 'apology' has bought more publicity and not particularly positive coverage for Apple. Perhaps the court could bad all Apple imports until it was satisfied - but I suspect there is no need, other stories suggest that Samsung don't have too much to fear from Apple.

          8. Jean-Luc Silver badge
            Thumb Down

            Re: Called it

            First, as others have stated, you comply with court orders, end of story. That's what courts are for, pending appeals.

            Second, while I happen to own an Apple, rather than the Samsung gear, I applaud the judge's decision. This whole "booohooo they copied from us" thing is really annoying. Regardless whether it is Apple doing the complaining (often) or Samsung doing it (pretty often too).

            The existing laws obviously do not preclude this kind of frivolous lawsuits, leaving it a question of how deep the pockets run for legal whining. Pretty deep in both cases, apparently.

            Forcing the companies' having to 'fess up publicly when they are too frivolous is not a bad way to limit this type of behavior.

            I don't know the Dyson vs. Vax facts, and unless it was a very frivolous lawsuit, I would see no reason to force a public disclosure - patent infringement cases CAN be grounded in reasonable facts, even when lost.

            But I would posit that the "rounded corners" bit is as frivolous as they come and is only there because the law is lacking. Perhaps public opinion will limit this stuff.

            1. Anonymous Coward
              Anonymous Coward

              Re: Called it @Jean-Luc

              "But I would posit that the "rounded corners" bit is as frivolous as they come and is only there because the law is lacking."

              It was Samsung's lawyer that summaries the patent as being about 'rounded corners', and he's done a good job as that's what's stuck in the public consciousness.

          9. Madboater
            Stop

            Re: Called it

            The issue is that Apple, and in some ways Samsung have been acting like Kids over these cases. All the judge has done is treated them like kids. An guess what Apple have just responded like Kids. It would be a good point now for Samsung to let the matter drop, otherwise the childish squabble will just continue.

            Lets stop all this nonsense and let the courts concentrate on putting criminals away.

          10. rogerpjr

            Re: Called it

            2 Questions to answer your question.

            What was the purpose of that exercise?

            And what was the Spirit of the JUDGE'S DECREE.

            If you are honest, you'll "get it".

            If not, maybe you should join Apple.

            You qualify.

            I for one feel the JUDGE MUST uphold his original intent.

            Must..

            Sad, but Apple IS as a prior reader says. CHildish.

            Problem is this child got it's start stealing XEROX goodies.

            Apple got away with it.

            And Apple hasn't looked back since.

            Now the child has grown up. He's SPOILED. ARROGANT.

            And an EGOMANIAC. They've even learned to cuddle up to

            some EU JUDGES and temporarily get away with it.

            1. Anonymous Coward
              Anonymous Coward

              Re: Called it @rogerpjr

              "Problem is this child got it's start stealing XEROX goodies.

              Apple got away with it.

              And Apple hasn't looked back since."

              As has been pointed out here a zillion times by others, Apple paid Xerox.

          11. Naughtyhorse

            design doesn't warrant the same wide public interest that tech does

            i wonder why?

            oh yes cos its a load of old bollocks about what colour stuff is and how round the corners are that's why

          12. jonathanb Silver badge

            Re: Called it

            The court told them to put paragraphs 1 and 5 up. The reason was that the initial Samsung ban got a lot of publicity, so this requirement was put in place so that people would know that it is safe to buy a Samsung slab, it will continue to be supported to normal Samsung standards and they won't risk any legal liabilities in using one.

          13. LDS Silver badge

            Re: Called it

            "Dyson eventually lost on appeals court, however Dyson was never ask to publish anything. Why Apple? It's ridiculous."

            Exactly because that didn't get so much press coverage as Apple vs. Samsung did.

          14. imaginarynumber

            Re: Called it

            Did Dyson then go running to aneighbouring court and then smear Vax there and then have the gaul to boast about winning a case that legally should not have existed?

    2. JetSetJim Silver badge
      Coat

      Re: Called it

      They should've linked to goatse instead of the actual rulings.

      1. Peter Storm

        Re: Called it

        "They should've linked to goatse instead of the actual rulings"

        That, or Rickrolled em'

        1. Anonymous Coward
          Anonymous Coward

          Contempt of court can typically be ruled for one of two reasons:

          Either disobeying *or* disrespecting the court.

          I'm not sure about how things work in the UK, but if this were done in the states the judges are, as I understand it, granted considerable latitude when ruling someone in contempt and "going off" on the smarmy party in a situation like this would not be unexpected. That's not to say that it necessarily would happen here... just that it could.

          Given what I've read so far about this judge, I don't think it's a stretch to think that he will have some sort of response to this... specifically the reference to the completely contrary decision by the German courts.

    3. Jason Bloomberg Silver badge
      FAIL

      Re: Called it

      Looks contemptuous to me.

      So while the UK court did not find Samsung guilty of infringement, other courts have recognised that in the course of creating its Galaxy tablet, Samsung wilfully copied Apple's far more popular iPad.

      Using "recognised" is perhaps key (and more so when set against "did not find" ), suggesting it being a matter of fact there was copying and suggesting the court returned the wrong judgement.

      It could have been phrased far more neutrally so, given it wasn't, it can be argued they were striving to show the UK court as wrong and being contemptuous of its judgement.

      1. AlbertH
        Flame

        Game Over for Apple

        This will just be the first of many cases that will go against Apple. They are widely recognised as a "vexatious litigant" and will now have their specious claims laughed out of court.

        I attended the first Californian case against Samsung, and the Jury were basically asked

        "Who do you trust - Mom and apple pie or those slanty-eyed foreigners?".

        The slack-jawed morons who were too stupid to avoid jury service voted in favour of the "American" company, notably ignoring the fact that Apple manufacture in China and create virtually no jobs for Americans.

        Apple are now being sued by several companies. In all cases Apple are shown to have infringed patents, copied designs, and that there was "prior art" for ALL of Apple's "innovations". These cases should keep what's left of Apple in court for years. There are currently 40 - 50 injunctions to be served against Apple selling ANY of their products in several major territories.

        Apple are the new Microsoft (and are equally corrupt)

      2. StooMonster
        Headmaster

        Re: Called it

        "UK court"

        The most contemptuous part is referring to a UK court, when this was a court of "England & Wales"; there's a different legal system in Scotland (and I don't know where NI fits in).

        Their lawyers would know this, so perhaps the repost was written by marketeers?

    4. HollyHopDrive
      FAIL

      Re: Called it

      The bit I didn't get was apple are saying "Judge says samsung is not cool, we are, they didn't copy us"

      but then in the next breath seem to say

      "Everybody else ruled in our favor so they "the uk" is wrong and they must have copied us" - so are apple saying samsung are also cool?? - if its a copy it must also be cool surely?

      So I say, they fail at logic.

      I'm also pretty sure the Judge is going to get a bit annoyed too. From his point of view he can't let that statement go because if he did (just like me as a parent to my kids) the next time you give a judgement the defendant will 'bend the rules' when it comes to the punishment. I'd imagine his next step is to say "Right, you will publish the following statement on your homepage, and nothing else" - be told! It strikes me Apple have grown far too big for their boots and need a damn good slap down. Accept they bought the case, they lost (regardless of whether you and I agree with that, court rules thats it. Appeal, or accept it.) and they accept the consequences of that loss. If they'd have left alone none of this would have happened.

    5. Anonymous Coward
      Anonymous Coward

      Re: Called it

      Look at all of you fandroids getting off on this silly webpage. As much as I can see your resentment against Apple (truly biased!), this shouldnt of been processed through court in the first place. It makes Samsung, Apple and the courts look silly. Then it makes you fellow fandroids silly as you explode your heads and write your steamy blood all over the topic response page.

      Take it easy, it's Monday morning folks.

      1. Dave the Cat
        FAIL

        Re: Called it

        @ AC 08.13

        "Look at all of you fandroids getting off on this silly webpage. As much as I can see your resentment against Apple (truly biased!).... bla bla blollocksy bla..."

        Spoken like a true fanboi....

    6. Anonymous Coward
      Anonymous Coward

      Re: Called it

      Almost certainly contempt of court. If the UK courts have any balls at all then Apple should find themselves on the wrong side of a vast fine. They could also find directors of any UK entity getting acquainted with some jail time.

  2. bolccg
    Thumb Down

    Not in the spirit of the judgement?

    If I recall, the Appeal judges said that this statement was necessary for clarity and to remove commercial uncertainty. Does this statement really reflect that? I am reasonably up to date on the legal comings and goings in this area and I still found it hard to parse.

    just my opinion, but hopefully the court will revisit this and tell them to have a clearer stab at it.

    1. Anonymous Coward
      Anonymous Coward

      Re: Not in the spirit of the judgement?

      Furthermore, the appeal judgement was critical of the German court judgement, also stating:

      "Judge Birss was sitting as a Community design court… So his declaration of non-infringement was binding throughout the Community. It was not for a national court… to interfere with this Community wide jurisdiction and declaration," he said in the ruling.

      Reading the Apple statement, this implication was the German decision is still relevant.

      There seems to be a case for contempt of court here,

      1. Anonymous Coward
        Anonymous Coward

        Re: Not in the spirit of the judgement?

        I think the Germans would disagree with your claim that their decision is irrelevant.

        1. Anonymous Coward
          Anonymous Coward

          "I think the Germans would disagree"

          In the UK the German decision *is* irrelevant.

          FFS... You have heard the word "jurisdiction" before, haven't you?

          1. dotdavid

            Re: "I think the Germans would disagree"

            The German decision is irrelevant as the UK court was ruling on behalf of the entire European Community (of course in more technical terms to that general effect) and the German court did not have the authority to override that judgement.

  3. Anonymous Coward
    Anonymous Coward

    Translate English in to Apple

    Ga, go, go, MINE, ga, ga, goo. COURT WRONG, ga, ga go, go, APPLE SORT OF WON CASE IN GERMANY, ga ga, go,go.

  4. Mike Judge
    Thumb Down

    Apple really are slimy scumbags

    I used to just despise their lack of business ethics, but now I despite anyone that has an dealings with them whatsoever.

    1. Anonymous Coward
      Anonymous Coward

      Re: Apple really are slimy scumbags

      Good, you don't seem like a very interesting or likeable person anyway. Not to mention you don't even read what you type.

      1. cocknee
        FAIL

        Re: Apple really are slimy scumbags

        and you AC are so proud you've hidden your identity tsk tsk

        glass houses and stones?

        1. Anonymous Coward
          Anonymous Coward

          Re: Apple really are slimy scumbags

          Proud? Why, was there any pride in my post? I do all stone throwing with a mask.

        2. Anonymous Coward
          Anonymous Coward

          Re: Apple really are slimy scumbags

          Because you real name is Cocknee isn't it?

      2. Anonymous Coward
        Anonymous Coward

        Re: Apple really are slimy scumbags

        Silence, "King Of The Hill" and "Office Space" were excellent.

        1. Mike Judge
          Thumb Up

          Re: Apple really are slimy scumbags

          Don't forget the epic Idiocracy, where the world is full of braindead idiots they buy what the television tells them to buy...

          Wait a minute, that's America today....

          http://www.imdb.com/title/tt0387808/

          1. Anonymous Coward
            Thumb Up

            Re: Apple really are slimy scumbags

            "Don't forget the epic Idiocracy, where the world is full of braindead idiots they buy what the television tells them to buy..."

            THANK YOU!

          2. Anonymous Coward
            Anonymous Coward

            Re: Apple really are slimy scumbags

            Well, Idiocracy was a typical mediocre Hollywood cliche-ridden film that failed to make the best use of the underlying idea.

            So, the fact it was a failure at the box office in the USA actually suggests some intelligence and calling it epic suggests you're a fucking idiot.

            1. Loyal Commenter Silver badge

              Re: Apple really are slimy scumbags

              I think that maybe slagging off the film Idiocracy for failing at the box office has a certain amount fo irony to it. I, for one, enjoyed the film. As visions for the future go, it is firmly in the 'lighthearted comedy', rather than 'Bladerunner' camp. Calling it 'epic' is pushing it a bit (for one it isn't over 3 hours long), but criticising it in the way you are kind of misses the point.

              Maybe the reason the film didn't do very well in the US is that it indults brainded unthinking morons, exactly the people who tend to make up the audience of 'successful' hollywood films. Maybe such people aren't really predisposed to understand satire. As I said; irony.

      3. Loyal Commenter Silver badge

        Re: Apple really are slimy scumbags

        Nice Ad-hom you have there AC. It's a good thing there's no need for a cogent or reasoned argument when you can cuss like that, eh?

    2. Anonymous Coward
      Anonymous Coward

      Re: Apple really are slimy scumbags

      Sounds good, I quite enjoy Swedish heavy metal.

  5. This post has been deleted by its author

  6. Miek
    Linux

    No Apple branding on the page? I wonder why?

    1. ukgnome Silver badge

      No Samsung branding either - so at least it's balanced. (just about the only part of the diatribe that is)

  7. Anonymous Coward
    Anonymous Coward

    Rattled

    Well at least you can tell from reading it that the order really rattled them and they have put it up through gritted teeth.

    It's nice to think that they are actually having a bit of a tantrum about it.

    In reality it doesn't matter how many people actually see it, I think it's good enough to know that Apple had to do it and hated doing it (and also many layers of management were involved in hating it)

  8. Cave Dweller
    Trollface

    I need an eye test

    When I looked at your image pointing out the link, I thought someone has scribbled some kind of elaborate sex toy on the apple site.

  9. Anonymous Coward
    Anonymous Coward

    Hmmm

    I'm detecting a bit of problem here - is an object cool if it described as being so by someone as uncool as a judge?

    "My iPad Mini's cool because a high court judge said it was" [ignoring the ongoing spec deficiencies or otherwise of said object]

    And does anyone cool use the word 'cool' any more? Not having ever been cool, I wouldn't know.

    1. Peter Storm

      Re: Hmmm

      I do.

      But then I do work of a fridge manufacturer.

    2. Psyx
      Pint

      Re: Hmmm

      After reading his ruling on this, and a few other cases he's sat on; in my opinion Judge Birss is the frikkin' Fonz on the UK courts.

  10. Anonymous Coward
    Gimp

    "Screw the Brits" is this a typo? I think you mean "Screw the blind" as they're the only ones who may - unfortunately - not see Samsung copied their stuff from Apple.

    Not even the court admitted that much if you read the decision. They made it very clear it was all about infringing design patents and not about copying.

    1. ukgnome Silver badge

      Oh to have such blinkered vision, perhaps you have an app for that.

      1. Anonymous Coward
        Anonymous Coward

        Have you got any orifices left that Google hasn't probed ukgnome?

        1. ukgnome Silver badge

          Strangely you are very close to the truth, as Google did indeed shaft me. (why not search for my blog posts?) I have no love for them, but even less for Apple. It's as if they are trying to be the new Microsoft or something.

          1. Anonymous Coward
            Anonymous Coward

            Where can I find your blog posts ukgnome? So it seems you hate Google, Apple and Microsoft these days?

            What a dark and hateful world you must live in.

            1. Anonymous Coward
              Anonymous Coward

              "Where can I find your blog posts ukgnome?"

              Really?

              Your iPad doesn't help you problem solve, does it?

              1. Worm
                Holmes

                Usually when I want to search for a Blog post I use Google to Search.

                It seems that ukgnome blog will show the results. He does seem to be quite angry.

                *My eyes, my eyes

                1. Anonymous Coward
                  Anonymous Coward

                  ukgnome @Worm

                  I see, I was using Bing to search and ukgnome only suggested books about gnomes, "Cheap garden gnomes" or something abou Police Novelty Gnomes which sounds positively intriguing.

                  He's definitely not well ranked by Bing.

                  1. Anonymous Coward
                    Anonymous Coward

                    Re: ukgnome @Worm

                    "He's definitely not well ranked by Bing."

                    Oh no, you may have just given him something else to moan about on his self-centred and depressing blog.

                    I can't understand why he's in IT at all.

                    1. ukgnome Silver badge

                      Re: @Metavisor

                      How crushing, that is how crushing it must be for a fanboi to resort to using Bing. maybe you are using it for the maps (I know I am)

                      It is rather funny, that my digitalspy posts are ranked higher that my self-centred and depressing blogs. But I think this is slightly off topic from the fact that Apple has failed in the UK courts wishes and no amount of name calling will ever make it seem like they have followed the judgement. Sometimes you just have to accept that even the great Apple slips up from time to time, and this is one of those times.

                      1. Anonymous Coward
                        Coat

                        Re: @Metavisor

                        Crushing to use Bing? How tragic. I keep a good rotation of search engines to try them out, Google Search results are too crowded with rubbish these days, even when logged out and packing adblock and ghostery. Most times it just links to wikipedia, which is far from being a reliable, or in Google speak "high quality" source anyway.

                        I'd say only the faithful or those who don't know better stick to it.

                        Last week I was on DuckDuckGo which is still the best so far and strangely ranks different from Bing.

                        As for Apple failing UK court's wishes, that's merely your opinion. From my reading of the appeal court's statement, Apple's page says what it should. Law is not a science so it's natural different people will have different opinions. Your immediate reaction of calling me "blinkered" is quite a shallow argument to that discussion.

                        Anyway look forward to the newspaper ads in Arial 14.

                  2. Anonymous Coward
                    Anonymous Coward

                    ukgnome @Worm

                    Ok, I admit it, I went and looked at the blog. I wondered how Google had screwed him/her.

                    What I found was someone who ordered something online, asked for it to be sent to the wrong address and then complained thst it didn't arrive. Then the other posts get even worse. So much sadness

            2. Anonymous Coward
              Anonymous Coward

              I think you can lead a perfectly happy and healthy existence - while maintaining a healthy distrust, if not outright dislike for ethically questionable large corporations.

              1. Anonymous Coward
                IT Angle

                "I think you can lead a perfectly happy and healthy existence - while maintaining a healthy distrust, if not outright dislike for ethically questionable large corporations."

                I guess so, if keep your money under the mattress, make your own transporation system and access the internet from the library. (god forbid buying computers, ALL tech manufacturers are ethically questionable)

                Actually scratch that, the Internet is controlled by very large - ethically questionable - corporations. Better stick to amateur radio.

                1. Anonymous Coward
                  Anonymous Coward

                  "the Internet is controlled by very large - ethically questionable - corporations."

                  You Sir, are misinformed and delusional.

                  "ALL tech manufacturers are ethically questionable"

                  yes those nice charity people that make the Pi are indeed.....oh hang on, see above.

                  "Better stick to amateur radio"

                  Or amateur commentarding

                  1. Anonymous Coward
                    Anonymous Coward

                    "the Internet is controlled by very large - ethically questionable - corporations."

                    You Sir, are misinformed and delusional."

                    Oh really? Let's see. ICANN and Verisign for starters? All Tier 1 carriers?

                    "yes those nice charity people that make the Pi are indeed"

                    If by "people" who make the Pi you mean Broadcom you may want to look into their ethical background. I wouldn't call soldering some third party chips to a circuit board "making" the Pi, since the Pi wouldn't exist without Broadcom - it's their recipe.

                    1. Anonymous Coward
                      Anonymous Coward

                      Oh really? Let's see. ICANN and Verisign for starters? All Tier 1 carriers?

                      ICANN you can make an argument for wrt the custom domain name fiasco (only rich people could buy them). what has verisign done so wrong?

                      As for the Pi, Yes Broadcom have had ethical issues. Why does that rule them out for being a supplier for Pi chips? it just isnt feasable to scrutinize at that level, especially for bedroom manufacturers that the Pi manufactureres started off as.

        2. Anonymous Coward
          Anonymous Coward

          His pocket?

        3. Anonymous Coward
          Anonymous Coward

          "Have you got any orifices left that Google hasn't probed ukgnome?"

          Yes, YOURS!

    2. This post has been deleted by its author

      1. Mark .

        Re: I see your point.

        "Congratulation to them for their excellent marketing, but marketing a product well doesn't preclude others being able to produce and market similar products."

        Indeed - or to be precise, the near entirely of the media gave them vast amounts of free advertising, even before it was announced (remember iStale?), let alone released. Followed up by loads of companies providing "apps" for their websites or services, only for the minority of ipad users, and not more popular platforms like Android, Symbian, or indeed Windows desktop.

        The only Android tablets to have an coverage at all have been the more recent Kindle Fire and Nexus 7, and that's pretty much only followed on after they turned out to sell millions.

        "I don't understand why these court cases don't involve samsung wheeling in a trolley full of junk they bought off ebay that has the same features as the iPad but was made 5 years earlier."

        Possibly refused as evidence, for whatever barmy reason?

      2. Spoonsinger
        Headmaster

        Re: I see your point.

        2001 A Space Oddyssey was 44 years ago. 2010 (the year we made contact) was 28 years ago. Two facts we can derive from this :-

        A) By 2010 they realized tablets were just a bit useless really.

        &

        B) We aint' getting any younger.

      3. Anonymous Coward
        Anonymous Coward

        Re: I see your point.

        but marketing a product well doesn't preclude others being able to produce and market similar products

        Wasn't t that why in summing up in the US case Apple's legal team pointed out that HTC, RIM, Nokia, Sony Ericsson, and everyone else under the sun hadn't copied them? That their similar products were different.

        It was just Samsung, and it was just certain models.

        It was not all manufacturers and not all smartphones/tablets.

        1. Mark .

          Re: I see your point.

          My Nokia 5800 had rounded corners.

          Yes, Nokia may have gone for a different design with the Lumia models, but so what - the point is, why should they be forced to do so? Indeed, perhaps they did so out of fear of litigation from Apple.

          Plus when you consider the falling success of RIM, HTC and Nokia, compared to the amazing success of Samsung lately, I'm not convinced by the argument of "It's okay to not be allowed to use this basic design feature that existed years before Apple came to the party late, those other companies are doing just fine, honest!"

  11. ukgnome Silver badge

    Shame on you Apple

    It took me a while to find the link, and I use the internet all day long (almost true, I browse at work when I am meant to be doing something productive.0

    I digress, but then again so do Apple, it's as if they are sticking two fingers up at the UK courts. The last paragraph has me "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." Which is in the process of appeal (they failed to add)

    And this, which totally gets me spitting "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."

    1. aj87

      Re: Shame on you Apple

      What I thought especially took the piss in the statement was :

      "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"

      Since even that jury didn't find the tab infringing at all, and as such the injunction on it was lifted. This is totally irrelevant spin (or reality distortion). Not that I expect that result to stand at all come Dec.

  12. Pen-y-gors Silver badge

    How big is the model in the photo?

    How big a hand does the model holding the iThing mini in the photo have? I can comfortably hold my Nexus 7 like that, but I'm a 6'2" bloke with pretty big hands. The Mini is 16mm wider than the Nexus 7, so I suspect I couldn't hold it comfortably like that - the bod holding it must be a giant! And I think it'll be very difficult for someone with smallish, normal hands to hold it that way.

    Naughty, naughty Apple, suggesting it's minier than it actually is.

    1. Mark .

      Re: How big is the model in the photo?

      Good point - particularly ridiculous when we consider that Apple's marketing for the iphone 4SS, and the claim by Apple fans, is that it's just right to hold one handed. So 4" is just right for everyone to hold one handed - and so is 8"?!

  13. John G Imrie Silver badge

    I gave up looking for the long this morning and typed Samsung into the search box

    Even then i wasn't sure this was the court ordered document

  14. Anonymous Coward
    FAIL

    Somehow ....

    ... my bionic ear can hear the phone in Apple's lawyer's office nursery ringing, even as I type...

  15. KAMiKZ
    Megaphone

    They are asked to declare it to the world or just UK that Samsung didn't copy Apple -- Check

    Rulings from other countries suggest otherwise --- True --- Check

    What's wrong?

    I am glad to see them protecting their product to this extent against products from some asiatic company whose bosses were three times pardoned for crimes by South Korean presidents simply because they generate gso much $ for the country.

  16. Faye B
    FAIL

    Sorry?

    I may not be a linguist or a legal expert but I failed to find any sentence in that entire piece that could possibly be construed as an apology. How does that song go "Sorry seems to be the hardest word".

    All it does is re-state the findings of the court and then try to refute them.

    1. Anonymous Coward
      Anonymous Coward

      Re: Sorry?

      The court never demanded an apology, it demanded a notice that Apple had acknowledged the court's decision.

      From the text:

      "Apple itself must (having created the confusion) make the position clear: that it acknowledges that the court has decided that these Samsung products do not infringe its registered design"

      1. Ben Tasker Silver badge

        Re: Sorry?

        True, but referencing the German decision (which the appeals court noted did not have the right to over-rule a community court) put's them onto shaky ground. It's almost akin to losing in the Supreme court and then saying "But the High court found.."

        1. Anonymous Coward
          Anonymous Coward

          @ Ben Tasker

          I thought I told you to remove that apostrophe key?

          1. Ben Tasker Silver badge

            Re: @ Ben Tasker

            Well spotted, dont know where that one came from. Have removed one from this post to restore balance to the universe lest it might end.

  17. Rob Crawford

    Unusual

    I can't find any copyright assertions or corporate logos on that page.

    So you think Samsung will copy it?

  18. Piro

    Wow, that was pathetic.

    Half of the space was taken up by quotes from a judge saying how cool the iPad is..

    Then the closing paragraph is all about how stupid the UK courts are.

    I would say that this is definitely not complying with the judgement. I hope they get their ass thoroughly kicked for this rubbish.

    1. hplasm Silver badge
      Happy

      Re: Wow, that was pathetic.

      And Tim Cook extradited to the UK!

  19. the_kramer

    does Apple really need a judge to pet them?

    Which iPad is "cool"? 1, 2, 3 or mini? Ooops! They are all alike, must have been copied...

  20. thermionic
    Flame

    I'm so so sorry

    for hoping that apple will be done for contempt of court

  21. Anonymous Coward
    Anonymous Coward

    Contempt of court!

    ""So while the UK court did not find Samsung guilty of infringement, other courts have recognised that in the course of creating its Galaxy tablet, Samsung wilfully copied Apple's far more popular iPad."

  22. Anonymous Coward
    Anonymous Coward

    ".........Samsung wilfully copied Apple's far more popular iPad."

    So in saying that Samsung DIDN'T copy, the very last part of the scentence says they DID????

    RIIIIIIIGHT!

    1. Anonymous Coward
      Headmaster

      The UK case and decision was not about copying, it was about infridgment of registered designs. The judges themselves made that very clear in their observations:

      "It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law."

      "So this case is all about, and only about, Apple's registered design and the Samsung products."

      So copying or not was not at stake.

      1. Paul E

        but

        The german case they quoted covered exactly the same patents so they can't play the copy card there and not with the UK judgement.

  23. Fading Silver badge
    Devil

    Contempt can equal jailtime

    And no there's not an app for that.......

  24. Crisp Silver badge
    Trollface

    Say UNCLE Apple!

    SAY IT!

  25. Andrew Jones 2
    Facepalm

    While not specifically saying it - they are certainly inferring that the US court case which Samsung lost was because Samsung copied the iPad. Which IIRC is not true - and potentially leaves them open to liable?

    1. Anonymous Coward
      Anonymous Coward

      libel

      But yes it potentially leaves them liable too!

  26. JaitcH
    WTF?

    "overall design of extreme simplicity".

    Isn't this just a long winded way of saying PLAIN?

    I wonder if Apple likes eating Humble Pie, UK style?

    1. Green Nigel
      Flame

      Re: "overall design of extreme simplicity".

      No humble pie, just Cook some Apple crumble!

    2. Anonymous Coward
      Anonymous Coward

      Re: "overall design of extreme simplicity".

      because other less "plain" tablet designs proved so popular... Yes, the market has shown that people love gimmicky, complex designs and Apple is clearly in the wrong.

      Maybe simplicity isn't that easy to achieve.

  27. Anonymous Coward
    Trollface

    Nicely done

    From the tone of the comments here it's clear that Apple blew a lot of fandroid's hopes of partying with this one.

    Not to worry, it means you'll have more time to recompile the kernel on your phone, update the malware signatures or download more apps for dodgy sites.

    1. Anonymous Coward
      Anonymous Coward

      Re: Nicely done

      Sorry, "fandroid"? that doesn't sound like a real word to me.

      1. hplasm Silver badge
        Happy

        Re: Nicely done

        Apple spell checker.

  28. Anonymous Coward
    Anonymous Coward

    What a way to piss of a judge! I would not want to be apple in a UK court again....

    1. Anonymous Coward
      Anonymous Coward

      Not a problem, the UK already cashed Samsung 's olympic sponsorship cheque. The position is now open again.

  29. Anonymous Coward
    Anonymous Coward

    APPLE WOULD LIKE TO APOLOGIZE TO EVERYONE IN THE WORLD FOR THE LAST ITEM. IT WAS DISGUSTING AND BAD AND THOROUGHLY DISOBEDIENT AND PLEASE DON'T BOTHER TO PHONE UP BECAUSE WE KNOW IT WAS VERY TASTELESS, BUT THEY DIDN'T REALLY MEAN IT AND THEY DO ALL COME FROM BROKEN HOMES AND HAVE VERY UNHAPPY PERSONAL LIVES, ESPECIALLY ERIC.

    1. Mephistro Silver badge
      Thumb Up

      Mandatory thumbs up...

      For the Monty Python reference.

  30. Gordon Pryra

    Our IT staff are waiting with baited breath

    The moment they can stop supporting the Apple stuff, they hope the Judge will slap a blanket ban on Apple sales in the UK.

    Ah well, they can but dream

    1. Anonymous Coward
      Anonymous Coward

      Re: Our IT staff are waiting with baited breath

      I bet you're anxious to support Windows 8 instead. I can imagine it's much more profitable for you since it'll be a complete nightmare.

      1. Anonymous Coward
        Anonymous Coward

        Re: Our IT staff are waiting with baited breath

        ... it IS a complete nightmare. Fixed it for you, since tense is hard to grasp, I knew.

  31. tom dial Silver badge
    Meh

    Apple

    Collecting down (and possibly up) votes here.

    1. Anonymous Coward
      Anonymous Coward

      Re: Apple

      "Apple" linkbait titles only works in articles, not comments.

      Look for an IT journalism job instead, you sound qualified for it already.

  32. Anonymous Coward
    Anonymous Coward

    I believe that's about as good as a certain nations apologies to all the countries it ruined due to colonialism so I'm not sure why the fandroids are butt-hurt.

    Shame this came over the weekend. This will keep them up all night in their mother's basement polluting the net with the hate their use to mask their depression over their rubbish lives.

    Sent from my innovative iPad

    1. Psyx
      Facepalm

      "Shame this came over the weekend. This will keep them up all night in their mother's basement polluting the net with the hate their use to mask their depression over their rubbish lives.

      Sent from my innovative iPad"

      Coz your not bitter.

      Much.

    2. Combustable Lemon
      Happy

      @AC 15:57

      Obvious troll is obvious.

    3. handle

      Sent from my innovative iPad

      Not innovative enough to tell you that the possessive singular of "nation" is not "nations", though.

    4. hplasm Silver badge
      FAIL

      Innovative iPad

      Has square corners, eh?

      PS- onlysoppy US fanbois live in basements- UK types have houses.

      1. Will Godfrey Silver badge
        Happy

        Re: Innovative iPad

        ... with cellars

  33. DF118

    Samsung

    ...should take out their own full page ads, featuring a copy of the Apple statement, corrected in red ink and with a big "F - see me after class" at the top.

    1. John G Imrie Silver badge

      Re: Samsung

      I wonder if Samsung could get a court order to replace Apples home page with a statement written by Samsung, at Apples expense of course.

  34. Ian Emery Silver badge
    Trollface

    I havent read everything so this might have already been said

    "overall design of extreme simplicity".

    Of course it is, it had to be simple enough for fanbois to understand.

    1. Anonymous Coward
      Anonymous Coward

      Re: I havent read everything so this might have already been said

      The iPhone/pod/pad IS a design of extreme simplicity both hard- & software!

      I can give a 7 year old an iPhone and they will figure it out very rapidly (I have tried this).

      Said 7 year old can figure out Meego/Harmatten or whatever it's called as well.

      Today I had a Nokia N9 and a Lumia WP phone side by side. Hardware wise they are almost identical.

      However, I, as a technically savvy person well versed in gadgetry was unable to come to grips with the WP in my 15 minutes of allotted time. Meego was no problem at all.

      Now, I could RTFM for WP and maybe that would help. Or watch YouTube videos of how "innovative" and cool and smart WP is, but the bottom line is that after 10-15 minutes, I concluded WP was just so counter intuitive (for me) and just plain weird that I was not willing to spend more time on it.

      My experience was a "test" by one of our staff who provided the Lumia & N9. He understands both deeply (as well as Android an iOS, that is his job), and he is testing how adults react when presented with WP. He stood and answered my questions, as I struggled to find my way around the interface and perform tasks.

      His conclusion has been so far, that very few will give WP the time of day, much less spend money on it. Why? Read line 1 of this post.

  35. The Envoy
    WTF?

    Cool!

    Could someone ... anyone with knowledge in in legal speak point me in the direction of the books on law where you can read up on what legally is considered "cool". Or not.

    1. Anonymous Coward
      Anonymous Coward

      Re: Cool!

      www.apple.com

  36. Alan Denman

    Exactly as I read it too

    It is blatantly disagreeing with the verdict and showing contempt for the judgement.

    When in Rome one does what Romans do so inferring the judgement is wrong surely has to be contempt.

  37. Simple Simon

    Responsive Design

    It's not that the link on the home page is small, it's that some jolly clever responsive design always has it sitting under the fold. As you make your browser window larger, the image (currently of the iPad mini) grows. The footer is *always* off the bottom of the screen, and you always have to scroll down to see it - however big the page, and however high the resolution of the screen.

    I may have got my court rulings mixed up, but didn't this one stipulate that the link had to be *above* the fold???

    1. Hellcat

      Re: Responsive Design

      I spotted this too. Not so for the non-UK apple page. It's links at the bottom of the page are visible.

    2. Anonymous Coward
      Anonymous Coward

      Re: Responsive Design

      I think the ruling stated that the response had to be posted on the front page... not a link from the front page but on the front page itself. If that is the case then, ignoring the pathetic childish nature of the response, it is in contravention of the ruling and thus is in contempt...

  38. Inquisitive
    Happy

    Well I never.

    Never in my wildest dreams did I think that computing would sink to this level of school yard tit for tat, here we have multi million pound, dollar, or whatever companies resorting to legal school yard language. Patent wars are verging on the ridiculous now and there will be no end in sight as far as I can see so I expect with each new gadget released to the public someone somewhere will cry foul and say they have copied this or that.

    A court may order this company or that company to pay x amount of money then they will appeal and as seems to be the case in many litigations the only winners are lawyers, but will all this stifle future innovation in the fear of copyright lawyers finding some infringement somewhere? Who knows? But although I'm no technical expert the IPhone is not that much different now than from the original and Windows is still Windows with a pretty (well debatable in Windows 8) front end.

    No doubt those of more far reaching technical knowledge will prove me wrong but not counting the internet there are many things I do today on Windows 7 that I could do in Windows 3.1, wished I'd kept those Windows 3.1 floppy discs now LOL.

  39. Dan Paul
    Devil

    Samsung did not copy Apples rounded corners.

    Sorry Fanbois everywhere. Samsung cannot steal or copy that which is plainly obvious. There can be no such thing as a "design" patent for rounded corners because they are a plainly obvious requirement for anything that has to go in a pocket. This goes back to hip flasks before the 1800's and applies through anything made today. Just because it's on a so called smartphone does not matter, especially if it is a "design" because so many have gone there before. If anything, Apple are being disingenuous in applying for the "patent" to say the least.

  40. Andus McCoatover
    Windows

    Rounded corners?

    I may be stupid - I possibly am - but my washing machine's got 'rounded corners'. So has every machine (with the notable exception of my razor) in my apartment. Even my cushion on the sofah has rounded corners.

    Even my gilfriend has rounded corners 3 weeks out of 4.

    I thought it was simply to be comfy, and not to cause one to spill blood all over your hands.

    Sorry, folks, I'm missing something here. At least the UK judge seems to have a bit of a clue.

  41. Charlie Clark Silver badge

    Contempt

    If you go to court you are legallybound to accept the decision of the court, within the appeals process of course. So while you can express all kinds of emotions about the judgements ("we are shocked", etc.) you are not allowed to criticise the court's judgement because to do so is to hold the court in contempt. Apple's legal counsel should be shot.

    1. Andus McCoatover
      Windows

      Re: Contempt

      Yep, but one has to remember that "The Court" sounds like a gathering of Learned people, but in actual fact, it's only one bloke wearing silly clothes. Bit like wearing Rupert Bear trousers and fluffy shoes on a golf course - it seems to carry some sense of Power.

      (OK, women can be 'the court', too.)

  42. Anonymous Coward
    Anonymous Coward

    Sad to see Apple being as childish and stupid than its idiotic fanbois, I guess that they never got what was a court ordered judiciary publication from their lawyers... They should be educated a bit about that, hopefully the judge will make them feel what they deserve.

  43. Ted Treen
    FAIL

    Unsurprising...

    "...and is a mealy mouthed six-paragraph account..."

    Unlike Leach's effort - which is a mealy mouthed seven-paragraph account

  44. Sky

    It does look like Apple have not obeyed the Court. The appeal judgement says :

    (Quote)

    Finally I should say something about the notice itself. We heard no discussion about that. Plainly Judge Birss's Schedule has been overtaken by events. Subject to anything that may be submitted by either side I would propose the following:

    On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited's Galaxy Tablet Computers, 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 [link given].

    That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on ….. A copy of the Court of Appeal's judgment is available on the following link […]. There is no injunction in respect of the registered design in force anywhere in Europe.

    (/Quote)

    If Apple or Samsung didn't submit any other proposal to the court, then the website text does not equal the notice proposed by the court.

  45. Anonymous Coward
    Joke

    Anybody buy a newpaper with it in?

    Wondering, as I'm sure there will be rich Android fans in America who will pay for a mint edition on ebay. Over there the truth about Apple is still a dream.

  46. cnapan
    Pint

    Contempt of Court

    No more to add. What happens next? I do hope the courts won't take being pissed on very lightly. If they do, I'll make a mental note not to take them seriously if I am unfortunate enough to find myself in front of them.

    1. Anonymous Coward
      Anonymous Coward

      Re: Contempt of Court

      The Judge has to do something - he cannot afford to let this just ride, or it makes a total mockery of the court and its processes.

  47. Tapeador
    Thumb Down

    Apple shot itself in the foot with this stunt

    We English love our common law system, and I don't think Apple are going to win friends over here by having a go at the judiciary, on the contrary.

  48. bofh80
    Holmes

    pulls out a fresh box

    and hands another kleenex to andrew

  49. TimB
    FAIL

    However it's worded

    the meaning to the average non-tech user is exactly the same:

    "Look, it's a Samsung. Oooh, it's half the price of the iPad too. We might as well just get that one, even Apple say it's the same thing"

  50. stanimir
    Paris Hilton

    *it's still a small link.*

    Namely 11px , not points - pixels, no small devices w/ high PPI it's probably next to unnoticeable.

    Relevant source (CSS):

    .sosumi ul.piped, .sosumi .copyright { font-size: 11px; }

    Paris, 'cos she likes bigger... fonts.

  51. Sir Alien
    Facepalm

    Countries are all hypocrites

    Regardless of the ruling as it blows way past my head I did note that the UK judge said that his ruling cannot be overridden as it applies EU wide (or something like that). This is strange since if this applies to all EU member states then isn't Germany's ruling suppose to apply EU wide and was the court battle not there first.

    I'm not in favour of Apple but from what I can see the UK has basically overridden a German court decision? So what's the point of the "cannot override" rule if member states do it anyway.

    Doh! because the EU is one big circus show by the looks of things

    1. Ben Tasker Silver badge

      Re: Countries are all hypocrites

      The UK Court was acting as a 'community' court. The German was not (AFAIK), so the UK ruling over-rules the one in Germany.

      So what's the point of the "cannot override" rule if member states do it anyway.

      Pretty much what the Appeals court was observing too

    2. Paul E

      Re: Countries are all hypocrites

      "was the court battle not there first."

      No the UK case was first. When it did not look like it was going apples way they decided to file in germany even though the courts there should not have accepted it.

  52. Anonymous Coward
    Anonymous Coward

    What did they invent?

    Can anyone name hardware that Apple actually invented?

    1. JOKM
      Joke

      Re: What did they invent?

      I think the have invented a general form of blatant corporate legal disobedience, can anyone remember the sosumi notification sound which was basically a finger in the vertical direction for apple records.

      I also seem to recall they invented a spinning beach ball to represent the passing of time, presumably because life's a beach.

    2. Anonymous Coward
      Anonymous Coward

      Re: What did they invent?

      Yes. They invented a floppy disc controller IC. And they may have had the idea of using the dead 6502 cycles to access the video memory, i.e. interleaved DMA. And they definitely invented the phone where you could interrupt an unwanted call simply by putting your finger on a gap between the aerials and then saying "sorry, lost signal".

      1. Anonymous Coward
        Anonymous Coward

        Re: What did they invent?

        Yes yes apple have made no real impact and have done nothing to move computing, mobile phones and tablet computers forward - what a load of steaming. No-one is saying 'they invented the phone' but they revolutionised it and made some big jumps forward, they did not invent the laptop but they have greatly improved on it. They are forcing the others to up their game - as it was they were just content with making 'just another laptop' or 'just another phone' - now they have to try and make something as good as Apple - but largely fail.

        1. Vic

          Re: What did they invent?

          > they revolutionised it and made some big jumps forward,

          Even if that is true - and I'm taking no position on that - any such improvement does not of itself mean that others may not make exactly the same improvements.

          Apple may patent their own inventions. They may not patent someone else's inventions that they got working, although they might be able to patent the method by which they got them working.

          Vic.

  53. King Jack
    Trollface

    Fine them

    Apple only seem to understand money. The judge should just fine them a huge amount. They can write whatever they want on the check, just so long as the pay it.

  54. Spider
    Stop

    you know who really lost?

    It makes no real difference the arguments and counter arguments on minutiae of legal bullshit. You know who really loses here?

    Not Apple.

    Not Samsung, Even in Germany,

    It was you and me. We pay the lawyers and the legal fees in higher prices and reduced choice.

    F**k it's not even funny anymore.

    1. Loyal Commenter Silver badge

      Re: you know who really lost?

      You only lose if you buy an Apple or Samsung product. When I upgraded my phone reently, it was a close run between the Samsung S3 and HTC One X. I went for the One X, because although the spec is virtually indentical to the Samsung phone*, it was over £100 cheaper. Why do you think that might be?

      *It is worth noting that both android phones have a higher spec and lower price than the recent Apple offering. The isn't 'fandroidism', just a simple statement of fact.

  55. Anonymous Coward
    Anonymous Coward

    Reaction

    It's always interesting to see the reaction. If this were just about any other company responding to the court with this SMUG, DOUCHEBAG ARROGANT answer, everyone would be screaming for contempt of court and the EU would be trying to figure out how to use this as a way to fine them a million euros a day. Because this is Apple, a fair number of you are giving Apple a free pass (as usual). It's time to wake up. Yes, Oracle is still the top evil out there (can't imagine this is changing anytime soon), but Apple is catching up.

    1. Philip Lewis
      FAIL

      Re: Reaction

      Gee, I thought Google was #1 in evil having recently usurped Microsoft, and that Oracle was the other bad boy on the podium. I must have missed the memo, or perhaps your just wrong?

      Apple are but an upstart in the global IT evil stakes since, though a big company, they do not have any monopoly (or monopoly like power) in any of their market areas.

      Google, Microsoft & Oracle all wield MASSIVE power in their market areas and it shows. Apple is a pipsqueak which has struck a very lucrative niche and is defending it against the copyists. This is nothing like the behaviour of the Group of 3 on the podium of evil, each of which has the power to derail nation states!

  56. FuzzyTheBear
    FAIL

    Bad advice

    Obviously Apple has bad legal advice. To toy with a simple order to make a declaration is idiotic.

    The last ones we seen do that was SCO . And where are they now ? Apple is getting to be a bad brand. Children being used in factories , attacking everyone left and right in courts , that makes them look bad.

    They look like bullies and no one likes a bully. The Peace and Love generation looks at them in contempt now. They lost their cool factor and ultimately following bad SCO type legal advice makes only one group of people happy : lawyers.

    Apple needs a new board of directors . The present one is destroying their reputation.

    Good legal advice would have simply be to do exactly the declaration the judge asked for with no added text.

    If you think a many would have read that declaration and that it would have damaged Apple's reputation is simply counting on that people read these declarations : Noone cares ! They just skip the page .

    Not complying with the court order is worse for Apple's reputation than what the declaration would have done.

    Stupid legal advice . And stupid board for not complying to such a simple order.

  57. Anonymous Noel Coward
    Gimp

    Apple? Hypocrites!

    And again, everyone just stole the idea from Star Trek.

    http://en.memory-alpha.org/wiki/PADD

    1. Anonymous Coward
      Anonymous Coward

      Re: Apple? Hypocrites!

      Oh let's guess you will squirt that crap when someone invents warp drive and the transporter - it's one thing to imagine something for a sci-fi program - quite something else to MAKE it.

      1. Vic

        Re: Apple? Hypocrites!

        > you will squirt that crap when someone invents warp drive and the transporter

        If someone patents a working method for warp drive, then that will be fine.

        If someone patents *any machine that effects warp drive*, then that will be invalid because of the vast amounts of prior art.

        So it is with Apple - patents on things they have actually invented are fine. Attempting to patent the tablet computer is not, because of all the prior art. Most of the Apple patents we've seen lately fall into the latter category...

        Vic.

        1. Loyal Commenter Silver badge

          Re: Apple? Hypocrites!

          If someone invents a warp drive, then we are in a greater deal of trouble, since such a device would allow for information to travel at faster than the speed of light, general relativity tells us that this violates causality and essentially allows time travel. Maybe then Apple could actually go back in time and patent things before other people had come up with the same ideas? A truly scary thought...

  58. vic 4

    No mention of

    The fact that the court case in Germany should never have gone ahead, they started the action in the UK and jumped when things didn't look good. Not mention of the fact that germany rescinded the EU due to evidence tampering by Apple (never mind the fact that they did not have the legal right to as the UK case was the acting as the EU community court).

    So if germany didn't pan out presumably they'd have jumped to the next country, Maybe teh netherlands? Oops, no their claim there was thrown out, no mention of that neither. Their statement suggests only the UK court decided against them, maybe they should keep a running scoreboard.

  59. chiller

    All very childish I am just glad that Apple don't make cars.

  60. Anonymous Coward
    Anonymous Coward

    People diss Apple AS IF Samsung would not do exactly the same OR WORSE. I suspect WORSE.

    1. Loyal Commenter Silver badge

      It's a good thing that legal precedent isn't based on your imagination then, isn't it? If you can't tell the difference between 'did' and 'might do', then you truly are a lost cause.

  61. Steve Martins

    accurate description not required for patent protection...

    a thin rectangular slab with four slightly rounded corners, a screen that went to the rim of the device, and an "overall design of extreme simplicity"

    http://www.reuels.com/reuels/Screen_Printing_Unit.html

    is this the apple device in question... and when did they get into silk screen printing? (slightly rounded corners, to me a 2mm rad is slightly rounded... - scroll to the photo)

  62. Loyal Commenter Silver badge

    Am I the only one wondering...

    Is this exactly what Judge Birss intended? He saw that Apple and Samsung were both acting like spoiled brats. He could also see that Apple were in the wrong in this case, but didn't want to award anything to Samsung, because, lets face it, they are acting almost as bad themselves. So this is what he does:

    1) Order Apple to make an apology.

    2) Wait for Apple to make the apology and then do the equivalent of saying 'I had my fingers crossed, the Judge is stupid and so are Samsung'.

    3) Find Apple in Contempt of court and punish them with a hefty fine (I really hope this does come to pass)

    This way, neither Apple nor Samsung win, but a clear message is sent - stop acting like fucking children or you will be sent to the naughty step.

  63. Anonymous Coward
    Anonymous Coward

    It was predictable

    What else could they do? As a firm whose sole tactic is the distortion of reality, people start to believe that Apple invented a number of technologies, including, but not limited to, touch screens, rounded corners, even the idea of simplicity. This isn't a firm rewriting history, but a firm rewriting the present. The frustration is that real innovators, firms that actually had the vision, took the hit and invented the technology are forgotten. Perhaps this ruling is more damaging to Apple that we know... It might lower the distortion field for just long enough for people to wake up...

  64. Roland6 Silver badge

    Good Judgement

    Reading through both decisions - referenced by Apple:

    High Court: http://www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html

    Appeal Court: http://www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html

    It is clear from the arguments presented that not only was there no design infringement but that no reasonable person could of honestly believed there was any grounds for the claims of infringements (which is what was also found in the Californian hearings in the USA). Which implies that Apple willfully embarged on this vexatious litigation.

    I find it interesting that Apple in their apology deliberately muddy the waters around this specific case (ie. Samsung infringing Apple's registered design) by citing decisions that related to multiple issues, to try and imply that the UK court reached the wrong decision. Which would seem to support the view that apple's main motivation was vexatious.

  65. Alan Brown Silver badge

    Has anyone checked the price of popcorn recently?

    Sit back and watch the fireworks. This is going to get amusing.

    1. Simon Harris Silver badge
      1. This post has been deleted by its author

      2. Anonymous Coward
        Anonymous Coward

        Re: HaHa...

        While they say it will take 2 weeks to get the new statement onto their website it looks as if they managed to removed the "non-compliant" version already ... suspect the Judge may be calling them in again for an explanation!

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