Galaxy Tab Banned in Europe

[aceflor]

I am many things, but I am not a hypocrite, so no, I don't see the hypocrisy of my post. I am not german, but I live there half time, I am french, living half in Spain and half in Germany, so generally speaking I am european, and the decision (which is, I repeat myself, temporary, or hopefully so) annoys me terribly. Not because I love this or this brand, but because here, in Europe, we would like to hav e as consumers the choice, and I see in the actual development an artificial choice being made for us. And, if things go south, the perfect precedent for many, many other courtcases leaving us, consumers, decennies back. And this is what is really, really p.... me off.
Could you imagine this happening in the US ?
Would you like to have only one softdrink to buy ? Well, from now one, it is either Coke from Coca-Cola...or Coke from Coca-Cola.

Anyway, I seem to be the only one seeing it this way, so go on having your fun, I'll leave the thread.

[Andrew H.]

Originally Posted by =X=

Well it was suppose to be a snark remark against the German legal system. Who either through incompetence or corruption has denied it's people and 13 other European countries access to a product solely based on a frivolous law suit.

Those are the only two possiblilities? Corruption or incompetence? And not, maybe, that Samsung did violate the community design directive?

What sort of expertise do you have in German law?

[kacir]

Originally Posted by =X=

Well it was suppose to be a snark remark against the German legal system. Who either through incompetence or corruption has denied it's people and 13 other European countries access to a product solely based on a frivolous law suit.

You could call German legal system many names, but it is one of the most just/competent systems in the world.
The temporary injunction is by it's nature an emergency measure that you can ask for if there is danger that if you wait for the due course of law, it would be too late.

Examples are when you find out that the house you own is just about to be sold by fraudster or your estranged spouse, or that your child is just about to be taken to Saudi Arabia by your estranged husband.

I can't wait to see what the judge will do [to Apple] when [s]he finds out [s]he has been LIED to by Apple lawyers. You can apply for super emergency ex-parte injunction, you just do NOT want to be caught cheating when doing so.
Besides, the free publicity that Samsung gets from this might be just a cherry at the top of the cake when they file their counterclaims.

I do not know if you remember the SCO versus the rest of the world http://en.wikipedia.org/wiki/SCO_v._IBM .
Eight years ago SCO sued IBM for copyright infringement regarding UNIX code [that SCO allegedly owns] being copied to Linux by IBM programmers [gross oversimplification]. They were able to drag IBM and numerous other subjects through years, and years and years of very costly litigation in USA without ever producing tiniest shred of evidence. When they tried the same trick in Germany they were shot down in less than a week. The judge said: show us the evidence or shut up, otherwise you will pay XY000 Eur per day for libel/slander.


By the way, the journalists have found more photoshoped evidence in the Dutch Apple vs. Samsung suit.
http://apple.slashdot.org/story/11/0...pple-v-Samsung


I would have loved to be the fly on the wall when Steve Jobs learned about those serious blunders.

[=X=]

Originally Posted by aceflor

I am many things, but I am not a hypocrite, so no, I don't see the hypocrisy of my post.

Well that was more directed to the fact that you reprimanded me for personally attacking folks, which I didn't(nor was that my intent).
But then you had the audacity to compare me to Rock... that was harsh very harsh...

Originally Posted by aceflor

I am not german, but I live there half time, I am french, living half in Spain and half in Germany, so generally

That is very cool. Do you speak all three languages(you obviously speak English)

Originally Posted by aceflor

speaking I am european, and the decision (which is, I repeat myself, temporary, or hopefully so) annoys me terribly. Not because I love this or this brand, but because here, in Europe, we would like to hav e as consumers the choice, and I see in the actual development an artificial choice being made for us. And, if things go south, the perfect precedent for many, many other courtcases leaving us, consumers, decennies back. And this is what is really, really p.... me off.
Could you imagine this happening in the US ?
Would you like to have only one softdrink to buy ? Well, from now one, it is either Coke from Coca-Cola...or Coke from Coca-Cola.

Anyway, I seem to be the only one seeing it this way, so go on having your fun, I'll leave the thread.

I am honestly confused with your last two posts? In your previous post you state that Apple is acting "brilliantly" and that the governments ruling was in favor "Fair play". This post above seems to imply the opposite in which the ban is bad for the German(EU) consumer. If it is the latter then I am in 100% agree with you.

Originally Posted by Andrew H.

Those are the only two possiblilities? Corruption or incompetence? And not, maybe, that Samsung did violate the community design directive?

I don't but a company that does specialize in Geman law has posted images of Apples court case demonstrating how Apple has altered the aspect ratio of the tablet, removed the SAMSUNG logo and loaded a page (not the home screen) that looks most like their product.

[Graham]

Originally Posted by kacir

By the way, the journalists have found more photoshoped evidence in the Dutch Apple vs. Samsung suit.
http://apple.slashdot.org/story/11/0...pple-v-Samsung

This bears out what we were mentioning up thread; they make look similar, but side-by-side you really can't mistake one for the other. Here's the controversial image from the Apple document in the link, next to a Galaxy S scaled correcty.



Graham

[=X=]

Originally Posted by kacir

I do not know if you remember the SCO versus the rest of the world http://en.wikipedia.org/wiki/SCO_v._IBM .
Eight years ago SCO sued IBM for copyright infringement regarding UNIX code [that SCO allegedly owns] being copied to Linux by IBM programmers [gross oversimplification]. They were able to drag IBM and numerous other subjects through years, and years and years of very costly litigation in USA without ever producing tiniest shred of evidence. When they tried the same trick in Germany they were shot down in less than a week. The judge said: show us the evidence or shut up, otherwise you will pay XY000 Eur per day for libel/slander.

Yes I remember that case. Are we dating ourselves .

While I do agree they did a good job handling the SCO case. They've seemed to do a poor job here, especially if they made their injunction based solely on photos.

Originally Posted by kacir

By the way, the journalists have found more photoshoped evidence in the Dutch Apple vs. Samsung suit.
http://apple.slashdot.org/story/11/0...pple-v-Samsung

I would have loved to be the fly on the wall when Steve Jobs learned about those serious blunders.

I don't know if it is a blunder or a deliberate act. They've forced Samsung to lose millions in sales and litigation. More importantly they've stolen the wind and made Samsung lose momentum. Meanwhile the iPhone 5 and iPad 3 are getting closer to launch date.

We'll have to see what the court does after the case is closed personally I do not think the punishment will fit the crime.

=X=

[kacir]

Originally Posted by =X=

Yes I remember that case. Are we dating ourselves .

I have even exchanged a few personal emails with PJ and for a brief period in time I had limited administrator access to Groklaw.net (to do a task I volunteered for).

[RockdaMan]

Originally Posted by Sil_liS

The forum is depending on you.

Huh?

[Sil_liS]

Originally Posted by RockdaMan

Huh?

Well, you know, you are a presence on the forum with a constant point of view. People assume that they know what your opinion is going to be. You can prove them right or wrong, you have to be here.
Also, do you have an avatar with a cape? It would fit the situation better.

[elcreative]

Originally Posted by =X=

I don't but a company that does specialize in Geman law has posted images of Apples court case demonstrating how Apple has altered the aspect ratio of the tablet, removed the SAMSUNG logo and loaded a page (not the home screen) that looks most like their product.

Actually the Home screen can be easily configured in the way shown (i have one of these phones) as it is up to the user whether to have some oversized icons or not on the Home Page... what they have shown is a perfectly standard Application page (look at bottom right icon, it's the Home icon to get back to the Home pages) but whatever page shows (if you lock screen) depends on what page was showing when the screen was locked... but I've got to say I don't see how you can claim a Galaxy II S could be mistaken for an iPhone... unles you are visually challenged...

[Sweetpea]

Originally Posted by elcreative

but I've got to say I don't see how you can claim a Galaxy II S could be mistaken for an iPhone... unles you are visually challenged...

Or simply stupid...

[afa]

Or simply lying...

[afa]

By the way, I heard from someone that the decision was reversed, and the Galaxy Tab is no longer banned in the EU, but the decision does still stands in Germany.

Is this correct?

[HarryT]

Originally Posted by afa

By the way, I heard from someone that the decision was reversed, and the Galaxy Tab is no longer banned in the EU, but the decision does still stands in Germany.

Is this correct?

You mean as I reported in Post #213 above?

[afa]

Ah! Yes...

I suppose it would be a good idea to occasionally read past posts before posting...