Galaxy Tab Banned in Europe - Page 9

Shaggy · 08-17-2011, 04:00 PM

Quote:

Originally Posted by OtterBooks

I suspect the court based their decision on evidence other than photos provided by Apple. Just a guess, though.

It wouldn't surprise me if the judge did rule based solely on Apple's "evidence". This was an ex parte case, which means that Samsung wasn't present at the hearing, and didn't even see a copy of the complaint that Apple was filing. This was Apple going to the German court, with little to no involvement of Samsung.

RockdaMan · 08-17-2011, 04:53 PM

Quote:

Originally Posted by Shaggy

This was Apple going to the German court, with little to no involvement of Samsung.

...which, by the way, is completely legal. The injunction in Germany still stands.

JD Gumby · 08-17-2011, 04:57 PM

Quote:

Originally Posted by RockdaMan

...which, by the way, is completely legal. The injunction in Germany still stands.

Might be legal by national or even EU laws, but certainly not good that a legal judgement of any sort can be imposed without the accused being allowed to defend themselves (in this case in a secret hearing with the defendant only being informed that anything was happening after the fact).

anamardoll · 08-17-2011, 05:09 PM

Quote:

Originally Posted by JD Gumby

Might be legal by national or even EU laws, but certainly not good that a legal judgement of any sort can be imposed without the accused being allowed to defend themselves (in this case in a secret hearing with the defendant only being informed that anything was happening after the fact).

Especially considering that the lost sales if the injunction is overturned probably won't be restored by the court. Will they?

There's a monetary loss here for Samsung, and it seems unfair that they haven't even had a chance to defend against the loss.

Graham · 08-17-2011, 05:10 PM

Quote:

Originally Posted by anamardoll

Especially considering that the lost sales if the injunction is overturned probably won't be restored by the court. Will they?

There's a monetary loss here for Samsung, and it seems unfair that they haven't even had a chance to defend against the loss.

They're getting some fantastic publicity out of it, and presumably Apple would have to pay some sort of damages if the ruling went Samsung's way.

Graham

RockdaMan · 08-17-2011, 05:13 PM

Quote:

Originally Posted by JD Gumby

Might be legal...but certainly not good

RockdaMan · 08-17-2011, 05:14 PM

Quote:

Originally Posted by anamardoll

Especially considering that the lost sales if the injunction is overturned probably won't be restored by the court. Will they?

Apple had to place money in escrow as a hedge against Samsungs potential lost sales should Apple eventually lose the case.

Why are you questioning the morality and competence of the German legal system?

anamardoll · 08-17-2011, 05:26 PM

I am STRONGLY skeptical that anyone can accurately measure Samsung's lost sales and get that number from Apple if the case is overturned, but if there's some algorithm for that, then awesome groovy-pants.

As for the free publicity, it will cut both ways. How many people will hear this and think, "Well if I can't get a Galaxy, I guess I'll buy one of those iPads. Better that than nothing." Isn't it going to take 4 weeks before the German ruling can be challenged... before the same judge that MADE the ruling? I read that somewhere.

RockdaMan · 08-17-2011, 05:32 PM

Quote:

Originally Posted by anamardoll

I am STRONGLY skeptical that anyone can accurately measure Samsung's lost sales.

I've got 10 fingers.

Graham · 08-17-2011, 05:35 PM

Quote:

Originally Posted by RockdaMan

I've got 10 fingers.

(That gave me a good laugh, and I know you don't mean it really...)

Graham

RockdaMan · 08-17-2011, 05:38 PM

Quote:

Originally Posted by Graham

(That gave me a good laugh)

Where is my karma then?

Sil_liS · 08-17-2011, 05:38 PM

Quote:

Originally Posted by Graham

(That gave me a good laugh, and I know you don't mean it really...)

Graham

You do realize that he is the one that started the other thread saying that nobody wants to buy a tablet that isn't an ipad, right?

RockdaMan · 08-17-2011, 05:41 PM

Quote:

Originally Posted by Sil_liS

You do realize that he is the one that started the other thread saying that nobody wants to buy a tablet that isn't an ipad, right?

Nobody is relative.

As of today, it's like saying nobody lives in Antarctica.

(and I posted that that was an editorial, not my own opinion. No one has produced a solid argument showing the author to be wrong).

Andrew H. · 08-17-2011, 05:46 PM

Quote:

Originally Posted by anamardoll

I am STRONGLY skeptical that anyone can accurately measure Samsung's lost sales and get that number from Apple if the case is overturned, but if there's some algorithm for that, then awesome groovy-pants.

As for the free publicity, it will cut both ways. How many people will hear this and think, "Well if I can't get a Galaxy, I guess I'll buy one of those iPads. Better that than nothing." Isn't it going to take 4 weeks before the German ruling can be challenged... before the same judge that MADE the ruling? I read that somewhere.

The hearing will be held on August 25 - a week from tomorrow. There is a very similar procedure under US law, and the bonds are typically enormous. I would assume it would work the same in Germany, but I haven't been able to find out how large of a bond Apple had to post.

The August 25 hearing isn't an appeal from this ruling; it's a new hearing on the same matter, except with both parties present.

Sil_liS · 08-17-2011, 05:46 PM

Quote:

Originally Posted by RockdaMan

Nobody is relative.

As of today, it's like saying nobody lives in Antarctica.

(and I posted that that was an editorial, not my own opinion. No one has produced a solid argument showing the author to be wrong).

Here I was thinking that the fact that there are people here on the forum who own a Nook Color (Android), make that statement quite void.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
i'm new to samsung galaxy tab, what's next	metal1369	Android Devices	35	08-17-2011 09:26 PM
Germany Halts Distribution Of Galaxy Tab 10.1 In Europe (Except Netherlands) In Apple	RockdaMan	Android Devices	40	08-16-2011 02:44 PM
Samsung Galaxy Tab 10.1v vs. 10.1	mgmueller	Android Devices	6	07-22-2011 05:41 AM
Galaxy Tab and Calibre	steve_bham	Devices	2	05-20-2011 05:07 AM
Galaxy Tab questions	injapan	Android Devices	2	12-27-2010 12:12 AM

08-17-2011, 05:26 PM	#128
anamardoll Chasing Butterflies Posts: 3,132 Karma: 5074169 Join Date: Mar 2011 Location: American Southwest Device: Uses batteries.	I am STRONGLY skeptical that anyone can accurately measure Samsung's lost sales and get that number from Apple if the case is overturned, but if there's some algorithm for that, then awesome groovy-pants. As for the free publicity, it will cut both ways. How many people will hear this and think, "Well if I can't get a Galaxy, I guess I'll buy one of those iPads. Better that than nothing." Isn't it going to take 4 weeks before the German ruling can be challenged... before the same judge that MADE the ruling? I read that somewhere.

Advert

Advert