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Steve Jobs' anti-Android sentiments not a factor in patent trial, judge says - Page 2

post #41 of 47
Quote:
Originally Posted by JerrySwitched26 View Post

There are exceptions to the general hearsay rule.  One such exception is for admissions against one's own interests.  Steve's statement wasn't deemed admissible under this exception, but my guess is that Samsung tried to use the exception:

 

An admission against interest is an exception to the hearsay rule which allows a person to testify to a stament of another that reveals something incriminating, embarassing, or otherwise damaging to the maker of the statement. It is allowed into evidence on the theory that the lack of incentive to make a damaging statement is an indication of the statement's reliability.

 

Does that still apply if the person who allegedly made the statement is unavailable to deny, verify, interpret or answer to it?

 

Not that is has any relevance to this case, at all.

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post #42 of 47
Quote:
Originally Posted by hill60 View Post

Does that still apply if the person who allegedly made the statement is unavailable to deny, verify, interpret or answer to it?

Hearsay exceptions are fairly complicated. The relevant exceptions fall under here:
http://www.touchngo.com/lglcntr/ctrules/evcom/EVC-60.htm
Quote:
Originally Posted by hill60 View Post

Not that is has any relevance to this case, at all.

That is exactly the point of this article. It's irrelevant. Steve's opinion if he were alive is no more useful than now that he's dead. The sentiments have nothing to do with the issue at trial. The trial matter is whether Samsung infringed Apple's patents (and Samsung may try to prove the patents as invalid as a defense). Steve's opinion has absolutely nothing to do with those matters.

It's as if you were arrested for stealing my car and your defense was "He doesn't like my hair style, so I stole his car".
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post #43 of 47
Quote:
Originally Posted by RaptorOO7 View Post

I disagree and do see it as relevant to the case.  Apple's sole mission is to destroy Android and frankly any competing OS that stands in their way. 

 

No Apple's sole mission is to protect their IP from someone that is using it without permission. 

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post #44 of 47
Quote:
Originally Posted by Mac.World View Post

Interesting that the head of a companies public statements about annhialating a competitor by any means has no bearing on a case in which Apple is using patents to destroy the competition? Interesting decision by Judge Koh. Seems as though she is doing everything possible to favor Apple.

 

One person's opinion and statements about that opinion are not legal authority. And they have the bent of being hearsay since they are quotes from his biography and not from a video where we heard it ourselves. 

 

THe case should be decided by the facts. Not by what folks think of what a now dead CEO said, regardless of which side you are taking (after all, allowing the statements could bias the jury against Google if they take the comments as fact)

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post #45 of 47
Quote:
Originally Posted by Mac.World View Post


Might have something to do with the patents still pending from the uspto. The notification center being a huge one. Apple is in for a world of hurt when that one gets approved, likely next year based on the 4-5 years it takes the uspto to approve patents.

 

Perhaps not. It depends on the wording of the patent. Because it's possible that Google might specify themselves into a position where they can't sue Apple because Apple doesn't mean all those specifics and thus isn't using the same 'invention'

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post #46 of 47
Quote:
Originally Posted by Galbi View Post

Not related? 

 

None of the patent lawsuits would have been started had it not been for his inclination to go on a fit for "ste_aling" his ideas, the first of which is the design "patent" followed by other software "patents". 

 

no, none of the lawsuits (regarding the design) would have started if Samsung etc hadn't started putting out tablets and phones that looked like they put Apple's stuff on a copy machine. 

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post #47 of 47
Quote:
Originally Posted by Galbi View Post

 

What about the Apple fans who are calling the decision by a UK judge for Apple to post a statement saying Samsung did not copy its designs? 

 

Last I checked here: http://forums.appleinsider.com/t/151360/uk-judge-rules-apple-must-advertise-samsung-did-not-copy-the-ipad

 

I already spot three people voicing their opinions of this decision as "stupid". 

 

Point is, it goes both ways. 

 

Actually most folks are talking about the forced notice as the stupid part. Not the judgement. 

 

I wonder when Samsung loses a case against Apple will they be forced to announce they loss in a similar way. 

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