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Court grants Samsung request to expedite Galaxy Nexus injunction appeal

post #1 of 120
Thread Starter 
The U.S. Court of Appeals for the Federal Circuit on Friday issued an order stating that the body has acquiesced to Samsung's motion to fast-track an appeal of a preliminary injunction against the Galaxy Nexus.he .

The decision to push-up the appeal bodes well for the South Korean company, reports FOSS Patent's Florian Mueller, as the related Apple v. Samsung federal lawsuit is scheduled to start some two years from now, meaning an unresolved injunction appeal could keep Nexus units off shelves for the duration.

Samsung now has until July 16 to file its court brief which will be followed by an Apple response by July 30 and subsequent reply from the Galaxy maker before August 6.

Apple first won the preliminary injunction in late June after it successfully leveraged a unified search patent but Samsung filed for a stay of the sales ban with both the California District Court and the CAFC. District Judge Lucy Koh, who handed down the injunction ruling, denied the motion to stay on July 3, but the CAFC granted an identical motion less than a week later.

The brief two-page order does not state how long Samsung's stay will last ahead of the official appeal hearings but Mueller believes a decision regarding the matter will be handed down late Friday or early next week.

CAFC Order


Also accepted by the CAFC was Sprint and Google's amici curiae briefs against Apple's sales ban. Apple pointed out that Google should not be considered an amicus curiae, or friend of the court, as the internet search giant is both the developer of Android and worked extensively with Samsung on development of the Galaxy Nexus. The iPhone maker went on to point out that Google is represented in district court by the same law firm as Samsung and claimed the Mountain View, Calif., company retained the services of a different firm for the federal suit in an attempt to conceal this fact.

The day was not completely Samsung's favor, however, as it was ordered Apple's sur-reply to the motion to stay will be considered.

From the sur-reply:

"Samsung, in its reply brief, has not disputed that immediate enforcement of the injunction would result in no irreparable harm to Samsung. In the absence of such harm to the moving party, there is no conceivable basis for issuing a stay of the injunction. Without addressing that fundamental point, Samsung?s reply focuses solely on supposed harms to third parties, which do not and cannot warrant a stay pending appeal. See, e.g., Apple's Response to Sprint's Motion for Leave to Participate as Amicus Curiae.

To support its new theory, Samsung seizes upon a letter that Apple sent to various carriers and retailers, informing them of the injunction and asking them to discontinue the sale of infringing Galaxy Nexus devices. That Apple would inform others of the entry of the injunction could not have come as any surprise to Samsung given Apple?s continued efforts to enforce its intellectual property rights. Moreover, Apple?s letter shows nothing beyond the entirely predictable consequence of Samsung's infringement--i.e., the infringing products must be taken off of the market. It is not a legally cognizable harm to halt downstream sales of stolen, pirated, counterfeit, or infringing products.

In any event, as the court below and this Court have repeatedly found, the mere fact that third parties might face a disruption in their efforts to distribute infringing products is absolutely irrelevant at the stay stage. Because Samsung is the moving party seeking a stay, Samsung has the burden of proving that it would be irreparably harmed in the absence of an injunction. Although harms to third parties (and the public at large) might be considered when addressing the 'public interest' factor, a belated submission on that single factor does not satisfy Samsung's heavy burden of showing that a stay is necessary to protect its own interests. Indeed, in the absence of irreparable harm to Samsung—which Samsung now concedes--no stay may issue regardless of all the other factors.

Samsung's motion to stay the preliminary injunction should be denied."


While the motions and replies have been accepted, the court must now decide on whether to agree to any or all terms set forth by parties.
post #2 of 120
This for the guys responsible for a 700 point questionnaire.
post #3 of 120

Thanks for giving the Galaxy Nexus even more publicity Apple.

 

Now that you're trying to ban it, people want it even more.

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post #4 of 120
Quote:
Originally Posted by MaroonMushroom View Post

Thanks for giving the Galaxy Nexus even more publicity Apple.

 

Now that you're trying to ban it, people want it even more.


I just placed my order for one. :D

 

Thanks Apple. :D

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post #5 of 120
Quote:
Originally Posted by Galbi View Post


I just placed my order for one. :D

 

Thanks Apple. :D

Isnt the SG3 better or does JB make that much of a difference?

post #6 of 120
Quote:
Originally Posted by Just_Me View Post

Isnt the SG3 better or does JB make that much of a difference?

The SG3 has better hardware. That's the phone I would recommend to anyone who wants to renew their contract.

 

But if you're already on one, $349 still gets you excellent hardware with the latest AOSP release of Jelly Bean 4.1.1. And the best dev community out of all phones. I was able to get my Galaxy Nexus to run Ubuntu with a bluetooth keyboard and mouse

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post #7 of 120

This is unsurprising. Any company would seek a swift appeal when it relates to a flagship product.

post #8 of 120

A universal search patent that should of never been granted. 

 

How I would fix, the software patent issue. 

 

1. Patent office needs better funding so they don't have to depend of the filing of patents to keep them functioning. How it works now is all you need is a piece of paper a thought and some money and the patent office will grant you a patent.

 

2. Software patents needs to fall under a different catogory  from other patents. Currently that is not the case. 

 

3. Software patents needs to have a limit of 5 years. 3 for exclusive use of that patent by the patent maker and 2 where that  software patent maker must make it available to others at a cost. After 5 years that software patent gets open sourced.

 

4. An infringement of 1 software patent cannot lead to the ban of a product, it needs to be multiple. (frand patents should not carry a ban at all, and frand payments should be outlined by the state not the Frand patent holder I'm looking at you samdung and Moto.)

 

So in conclusion. Better funding of the Patent Office, create software patents (they currently don't exist), 5 year limit of software patents, and no product can be banned without multiple software patent violations (around 5-7)

 

Do that and innovation moves at a faster rate.

 

 

Tune in next time for "How to solve FRAND abuse" 

post #9 of 120
Quote:
Originally Posted by MaroonMushroom View Post

The SG3 has better hardware. That's the phone I would recommend to anyone who wants to renew their contract.

But if you're already on one, $349 still gets you excellent hardware with the latest AOSP release of Jelly Bean 4.1.1.

Which will make you one of the 7 people on the planet who have been able to upgrade to the latest version of Android.
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post #10 of 120
Quote:
Originally Posted by MaroonMushroom View Post

Thanks for giving the Galaxy Nexus even more publicity Apple.

 

Now that you're trying to ban it, people want it even more.

exactly why i will never buy another Samsung product again.

post #11 of 120
Quote:
Originally Posted by jragosta View Post


Which will make you one of the 7 people on the planet who have been able to upgrade to the latest version of Android.

7?

 

Let's see. The device is available on a ton of carriers world wide, available at Sprint and Verizon in the US, and they're also available at 349 off contract for any GSM carrier.

 

If you're trying to take a stab at fragmentation, then that's why you buy a Nexus device. People who truly care about updates for Android accept this and buy a Nexus phone. If they still care and want different hardware, then they already know they have to wait for manufacturers and carriers to push out the updates later. 

 

There are no apps that are designed only for Jelly Bean. I don't see the problem.

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post #12 of 120
Quote:
Originally Posted by MaroonMushroom View Post

Thanks for giving the Galaxy Nexus even more publicity Apple.

 

Now that you're trying to ban it, people want it even more.

 

Quote:
Originally Posted by Galbi View Post


I just placed my order for one. :D

 

Thanks Apple. :D

 

If I had a dollar for every time someone said this...

 

You know how you can tell the fandroids vastly outnumber the Apple fanboys in online discussions? Posts like these. All I see (esp on sites like EG) are countless people who swear they will never buy Apple again and are going to rush out and buy a Samsung/HTC/LG device.

 

So how come the majority of posters will never buy Apple yet Apple continues to post record sales? Oh yeah, the people commenting don't represent the population as a whole.

post #13 of 120
Quote:
Originally Posted by MaroonMushroom View Post

There are no apps that are designed only for Jelly Bean. I don't see the problem.

 

Exactly. No developer is going to waste time developing for a platform that has such a small user base. Which is why most Android develoeprs code for an earlier API level to guarantee compatibility with most users. And why most Android Apps don't even take advantage of all the additional features/abilities in ICS or JB.

post #14 of 120
Quote:
Originally Posted by MaroonMushroom View Post

Thanks for giving the Galaxy Nexus even more publicity Apple.

Now that you're trying to ban it, people want it even more.

Nope. And nope.

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post #15 of 120
Samsung...Google's little software whore. The whore makes some money but it is unsustainable over the medium and long term, terms of the interaction are dictated, no input on timing, and no control over the features or acts performed

The John is allowed unlimited engagement and frequency with other partners. And (now) The John has stay home entity (Motorola) to f*** around with in-house under a one cost, unlimited use model

Engagement (e.g. affection) is spread amount many - ASUS, Motorola, HTC. Allegiance to none..

The John rotates through them all

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post #16 of 120

it's quite simple. Apple will be screwed in Korea. Samsung will be screwed in U.S. It's common sense that the legal system of any nation will favor it's own company over a foreign entity. you're a moron if you believe the U.S. courts will damage Apple's business and hand over the entire U.S. market to Samsung. As time passes, it's the Koreans who will get more desperate because Samsung is practically HALF of the entire Korean economy. If Samsung gets screwed, the entire Korean nation will be screwed.

If apple gets screwed, who cares? There are hundreds of gigantic global money making machines in the U.S. that can step up and replace Apple any time. Korea doesn't have this luxury...entire nation depends on Samsung and maybe Hyundai, LG? 3 companies, that's it. 

post #17 of 120
I would bet anything that samsung have employed a legion of people to post on these forums to write pro Samsung posts.
post #18 of 120
Quote:
Originally Posted by Lerxt View Post

I would bet anything that samsung have employed a legion of people to post on these forums to write pro Samsung posts.

Or maybe people like the Galaxy Nexus?

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post #19 of 120
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Originally Posted by 69ergoo View Post

it's quite simple. Apple will be screwed in Korea. Samsung will be screwed in U.S. It's common sense that the legal system of any nation will favor it's own company over a foreign entity. you're a moron if you believe the U.S. courts will damage Apple's business and hand over the entire U.S. market to Samsung. As time passes, it's the Koreans who will get more desperate because Samsung is practically HALF of the entire Korean economy. If Samsung gets screwed, the entire Korean nation will be screwed.

If apple gets screwed, who cares? There are hundreds of gigantic global money making machines in the U.S. that can step up and replace Apple any time. Korea doesn't have this luxury...entire nation depends on Samsung and maybe Hyundai, LG? 3 companies, that's it. 

 

Good ideas  

 

But the same (nearly) situation existed with Nokia and look how that played out.  That said, I think Koreans are more protective, even though they will go ahead and continue to flood the US market with low quality, low cost cars  

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post #20 of 120
Quote:
Originally Posted by 69ergoo View Post

It's common sense that the legal system of any nation will favor it's own company over a foreign entity. you're a moron if you believe the U.S. courts will damage Apple's business and hand over the entire U.S. market to Samsung.

That's a pessimistic and inaccurate assumptions about how the law works throughout the world. While it's certainly possible for nationalistic views to lead to a conscious bias you're a moron to deny that the law will always protect the big US companies over anything or anyone else.

You're also forgetting that profits made in the US are taxed in the US. Same goes for Korea. That means there is no winner-takes-all scenario in saying that one countries court of law can't rule in favour of another country's companies or citizen.

Quote:
Originally Posted by Red Oak View Post

But the same (nearly) situation existed with Nokia and look how that played out.  That said, I think Koreans are more protective, even though they will go ahead and continue to flood the US market with low quality, low cost cars  

Is Nokia at least doing well in Finland in unit sales? I think the iPhone is still the most popular handset in Japan and the iPhone was the fastest selling handset n Korea which is pretty crazy considering all I kept hearing for years was how far ahead of the iPhone those countries were because they had TV tuners and thousands of secret key combinations.

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post #21 of 120
Quote:
Originally Posted by Galbi View Post


I just placed my order for one. :D

 

Thanks Apple. :D

So you have absolutely no qualms about purchasing stolen property. Dude, you need a reality checkup. BTW...karma...directly or indirectly triggered is always a bitch.

post #22 of 120
Quote:
Originally Posted by MaroonMushroom View Post

7?

 

Let's see. The device is available on a ton of carriers world wide, available at Sprint and Verizon in the US, and they're also available at 349 off contract for any GSM carrier.

 

If you're trying to take a stab at fragmentation, then that's why you buy a Nexus device. People who truly care about updates for Android accept this and buy a Nexus phone. If they still care and want different hardware, then they already know they have to wait for manufacturers and carriers to push out the updates later. 

 

There are no apps that are designed only for Jelly Bean. I don't see the problem.

The problem is you are supporting or defending the sale of stolen property.

 

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

post #23 of 120
Quote:
Originally Posted by 2stepbay View Post

The problem is you are supporting or defending the sale of stolen property.

 

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

I'm curious in what way you think the Galaxy Nexus is identical to the iPhone.

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post #24 of 120
Quote:
Originally Posted by 2stepbay View Post

The problem is you are supporting or defending the sale of stolen property.

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

show me where Android 4.0 is identical to iOS...

I'll be waiting.
post #25 of 120
Quote:
Originally Posted by 2stepbay View Post

The problem is you are supporting or defending the sale of stolen property.

 

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

Am I?

 

Last I checked this was a FRAND issue and there is also no verdict.

 

This is nothing like any Apple product.

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post #26 of 120
Quote:
Originally Posted by MaroonMushroom View Post

Last I checked this was a FRAND issue...

Not that I'm aware of. 

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post #27 of 120
Quote:
Originally Posted by 2stepbay View Post

The problem is you are supporting or defending the sale of stolen property.

 

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

 

Hey there!  Finally, someone who can help me out.  Can you tell me where I may find the Apple evangelical group meetings for my local chapter?  I have a few friends at work that are constantly yacking it up about their Android phones and I am beginning to feel rather hurt and isolated.  Could really use the support of some of our brethren.

post #28 of 120
Quote:
Originally Posted by jragosta View Post


Which will make you one of the 7 people on the planet who have been able to upgrade to the latest version of Android.

 

Samsung only sold 32 million cell phones in 2011Q4.  I'm sure you're pretty close with that guesstimate of 7 being the Nexus.

post #29 of 120
Quote:
Originally Posted by 69ergoo View Post

it's quite simple. Apple will be screwed in Korea. Samsung will be screwed in U.S. It's common sense that the legal system of any nation will favor it's own company over a foreign entity. you're a moron if you believe the U.S. courts will damage Apple's business and hand over the entire U.S. market to Samsung. As time passes, it's the Koreans who will get more desperate because Samsung is practically HALF of the entire Korean economy. If Samsung gets screwed, the entire Korean nation will be screwed.

If apple gets screwed, who cares? There are hundreds of gigantic global money making machines in the U.S. that can step up and replace Apple any time. Korea doesn't have this luxury...entire nation depends on Samsung and maybe Hyundai, LG? 3 companies, that's it. 

Your supesition doesn't fit the facts. While South Koreans are proud of Samsung as a national company, they LOVE Apple products and buy them in droves.

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post #30 of 120
Quote:
Originally Posted by AbsoluteDesignz View Post


show me where Android 4.0 is identical to iOS...
I'll be waiting.

Samsung products: So identical to Apple products that their own lawyers can't tell them apart.

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post #31 of 120
Quote:
Originally Posted by Macky the Macky View Post

Samsung products: So identical to Apple products that their own lawyers can't tell them apart.

Again...show me where Android 4.0 is identical to iOS

Hell show me where ANY Samsung Nexus product is identical to any iOS product...

Again I'll be waiting.
post #32 of 120
Quote:
Originally Posted by AbsoluteDesignz View Post


Again...show me where Android 4.0 is identical to iOS
Hell show me where ANY Samsung Nexus product is identical to any iOS product...
Again I'll be waiting.

They can both make phone calls

 

I'll let you know when I think of something else....

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post #33 of 120
Quote:
Originally Posted by MaroonMushroom View Post

7?

Let's see. The device is available on a ton of carriers world wide, available at Sprint and Verizon in the US, and they're also available at 349 off contract for any GSM carrier.

If you're trying to take a stab at fragmentation, then that's why you buy a Nexus device. People who truly care about updates for Android accept this and buy a Nexus phone. If they still care and want different hardware, then they already know they have to wait for manufacturers and carriers to push out the updates later. 

There are no apps that are designed only for Jelly Bean. I don't see the problem.
Quote:
Originally Posted by Gatorguy View Post

I'm curious in what way you think the Galaxy Nexus is identical to the iPhone.

There is no problem... There both just a couple of ignorant Anti-Anything-But-Apple Trolls.

Anyway... Been running Jelly Bean on my Galaxy Nexus for a few days now and find it a far more fluid, refined and comprehensive mobile expereince than my iPhone 4S, and from what was announced for iOS 6 (a rather minor update seemingly worthy only a .x version number change at best) that's not likely to change anytime soon.
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post #34 of 120
Quote:
Originally Posted by MaroonMushroom View Post
If you're trying to take a stab at fragmentation, then that's why you buy a Nexus device. People who truly care about updates for Android accept this and buy a Nexus phone. If they still care and want different hardware, then they already know they have to wait for manufacturers and carriers to push out the updates later.

I'm not getting all fighty here but i really don't think this is the case.
out of absolutely everyone i know (I'm talking about many many android users) none of them really were aware of the lack of support when it comes to a new OS updates, so these people are from co-workers to close friends & varie in intelligence & geeky-tech know how, the phone carriers to the manufacturers don't keep them informed at all.
So the idea that android users (that don't have a nexus device) know that they might never get an update or have to wait maybe a year for it, is so far off the mark, is silly, it is not obvious to most, at all that if they want to stay current, they need a nexus.
but going forward if someone i know asks me what android phone they should get, it gives strong argument for them to go with a nexus, are they ever as good as the flagship samsung or HTCs tho?.
only reason i bring this up, is that you causally mention like its no biggy & people that don't buy nexus just know that they might have to wait, which is a load, right on the faces of 99% of android users that don't have Jelly Bean :P  

 

 

PS , Im really not after a flame war, i really don't need it, i'm going to a family dinner tonight....so i need my patience 

post #35 of 120
Quote:
Originally Posted by Galbi View Post

I just placed my order for one. :D

 

Thanks Apple. :D

 

My, oh my!

 

Look at all these bad boy trolls in this thread.

 

You guys are scary!

 

Sesame Street.png

 

You should all hold off until the next version comes out.

 

I hear it that one will have class and refinement added.

 

Or was it the one after?

 

I can't remember...

 

LL.png

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post #36 of 120
Quote:
Originally Posted by GTR View Post

 

My, oh my!

 

Look at all these bad boy trolls in this thread.

 

You guys are scary!

 

Sesame Street.png

 

You should all hold off until the next version comes out.

 

I hear it that one will have class and refinement added.

 

Or was it the one after?

 

I can't remember...

 

LL.png

I kinda agree there was some piling on in replies to 2StepBay's "identical product" post. I don't think it helps anything to be pounced on by multiple posters. My question was a sincere one. I really did wish to know what he perceived as identical. He may have logical and real examples, or perhaps he just used the wrong term and meant similar, or maybe he's misunderstood something he read somewhere. In any case there's no need to poke fun or intimidate him. Give him a chance to explain his view.

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post #37 of 120
Quote:
Originally Posted by DaHarder View Post


There is no problem... There both just a couple of ignorant Anti-Anything-But-Apple Trolls.
Anyway... Been running Jelly Bean on my Galaxy Nexus for a few days now and find it a far more fluid, refined and comprehensive mobile expereince than my iPhone 4S, and from what was announced for iOS 6 (a rather minor update seemingly worthy only a .x version number change at best) that's not likely to change anytime soon.

Interesting.  The reviews I've read still don't think Jellybean is up to the level of smoothness of iOS.  Guess I'll find out myself when my Nexus 7 eventually ships.  Was never impressed with the Galaxy Nexus hardware (especially not the screen or the old GPU they inexplicably equipped it with)- I couldn't see buying one of those now when the hardware is so far behind what the state of things are in the Android device world- At the very least I'd wait for the next Nexus device so I'd get timely updates.

post #38 of 120
Quote:
Originally Posted by AbsoluteDesignz View Post


show me where Android 4.0 is identical to iOS...
I'll be waiting.

 

Back with your trolling I see.

 

A product doesn't have to be "identical" to be copied. If a feature or subset of the product as a whole is copied that's enough. Nobody believes that Samsung has made 100% duplicates (KIRF's) of Apple products, so your request to "show me where 4.0 is identical" is assinine.

post #39 of 120
Quote:
Originally Posted by AbsoluteDesignz View Post


show me where Android 4.0 is identical to iOS...
I'll be waiting.

 

Good fricking gravy. You just can't help it, can you?

 

Ok, fine.

 

It's identical here, and there, and there. Also there, and that spot over there ... all identical. Plus, if you turn the curvy bit here on it's side - also identical, it's just rotated 90 degrees.

 

Q.E.D.

 

Go ahead, prove my statements wrong. I'll be waiting.

post #40 of 120

Quote:
Originally Posted by Gatorguy View Post

I kinda agree there was some piling on in replies to 2StepBay's "identical product" post. I don't think it helps anything to be pounced on by multiple posters.

 

As long as you get to do the pouncing, right?

 

Quote:

Originally Posted by Gatorguy View Post

My question was a sincere one.

 

Then you framed it wrong. Very, very wrong.

 

Quote:

Originally Posted by Gatorguy View Post

I really did wish to know what he perceived as identical. He may have logical and real examples, or perhaps he just used the wrong term and meant similar, or maybe he's misunderstood something he read somewhere. In any case there's no need to poke fun or intimidate him. Give him a chance to explain his view.

 
 
 
Read the post again (all of you):

Quote:

Originally Posted by 2stepbay View Post

The problem is you are supporting or defending the sale of stolen property.

 

Imagine you created an innovative, ground breaking product. A year or so later your next door neighbor showed off an identical version of your product, touting their intellectual creativity and ingenuity. How would that work for you?

 

There are two separate statements there. 1) That buying a device that incorporates stolen [intellectual] property is supporting the theft (which it is). 2) Posing the hypothetical "what if ... how would you feel" question to illustrate the desire someone might have to protect the intellectual property they believed to be rightfully theirs.

 

If 2stepbay wants to chime in and state they were implying that the Galaxy Nexus is identical to an iPhone, or Android is identical to iOS, the so be it. If that's the case then I'm completely off base here, and I admit it. Until they do however, you've got nothing other than taking a single word out of context and drawing a conclusion that doesn't necessarily follow.

 

Perhaps if your comprehension fails and you would like to know what someone means, then you could ask them instead of assuming a meaning on their behalf and challenging them to defend it.

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