Apple again files for U.S. Galaxy Tab injunction after winning appeal

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Comments

  • Reply 41 of 66
    fredaroonyfredaroony Posts: 619member

    Quote:

    Originally Posted by TBell View Post


     


     


    She is Korean, what do you expect? 



    So you're a racist and a troll? 

  • Reply 42 of 66
    chris_cachris_ca Posts: 2,543member

    Quote:

    Originally Posted by fredaroony View Post


    So you're a racist and a troll? 



    Korea is a race?


    I thought is was a country?

  • Reply 43 of 66
    gazoobeegazoobee Posts: 3,754member

    Quote:

    Originally Posted by dasanman69 View Post





    The funny thing is that the iPad and the Tab have different aspect ratios and that should've been enough to tell them apart. Dumb ass lawyer didnt even know that


     


    When it's a trade dress issue (and it is), the aspect ratio is completely irrelevant.  


    So ... since you didn't know that, you might want to scale back on calling people dumb-asses. 

  • Reply 44 of 66
    gazoobeegazoobee Posts: 3,754member


    Re: the racist remarks ...


     


    I've reported both offenders and encourage others to do the same.


    Click the little flag, it's easy. 

  • Reply 45 of 66
    gazoobeegazoobee Posts: 3,754member

    Quote:

    Originally Posted by Chris_CA View Post


    Korea is a race?


    I thought is was a country?



     


    When someone makes a racist remark, you don't do anyone any favours trying to make a stupid joke about it.  


    It's a serious thing.  You're not "lightening things up" or anything similar, you're making it worse. 

  • Reply 46 of 66
    charlitunacharlituna Posts: 7,215member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    If it's a case like this between companies based in different countries, the judge shouldn't have any ties to either country. 



     


    1. who won't be a trained expert in US law


     


    2. pointless since there is a thing called appeals. If you don't like the ruling and you think it is due to some kind of bias, you appeal and it goes to another, higher level, judge who rules on the issue of bias etc. 

  • Reply 47 of 66
    charlitunacharlituna Posts: 7,215member

    Quote:

    Originally Posted by Gazoobee View Post


     


    When it's a trade dress issue (and it is), the aspect ratio is completely irrelevant.  



     


    Maybe, maybe not. Trade dress is based on a patent. was aspect ratio included in that patent. If it was and it was specifically the 4:3 that Apple uses then aspect ratio is relevant although only one of several issues. 


     


    If a specific aspect ratio wasn't included then yes it is likely an irrelevant detail since Apple probably worded the patent such that they would have the ability to change the ratio of their own devices and they would still be covered by the patent. 


     


    As for the dumb ass lawyer comment, it is valid. As the lawyer for one of the parties he/she should know the product enough to know that his/her client's would be longer etc due to the different aspect ratio and have been able to pick it out based on that. 

  • Reply 48 of 66
    tallest skiltallest skil Posts: 43,399member

    Quote:

    Originally Posted by charlituna View Post

    1. who won't be a trained expert in US law


     


    Why does that have to be the case?


     


    Quote:


    2. pointless since there is a thing called appeals. If you don't like the ruling and you think it is due to some kind of bias, you appeal and it goes to another, higher level, judge who rules on the issue of bias etc. 



     


    But you only get the single appeal, right? How is it handled in cases where the appeal is done on the basis of bias?

  • Reply 49 of 66
    fredaroonyfredaroony Posts: 619member

    Quote:

    Originally Posted by Gazoobee View Post


    Re: the racist remarks ...


     


    I've reported both offenders and encourage others to do the same.


    Click the little flag, it's easy. 



    I did as well but nothing happened so I guess they don't care about racist comments on this site. Perhaps it has something to do that some of the comments came from a Moderator which is truly sad and pathetic.

  • Reply 50 of 66
    jragostajragosta Posts: 10,473member
    But you only get the single appeal, right? How is it handled in cases where the appeal is done on the basis of bias?

    The same as any other appeal. You argue the basis of the appeal in front of the appeals court. They generally do NOT re-hear the entire case, only the issue that is being appealed.

    If you feel that the judge is biased, you'd better have evidence. Issuing a stupid ruling is not grounds for arguing bias. Rather, you argue against the stupid rulings. About the only way you're going to win a bias issue on appeal is if the judge makes specific comments that are racist. "S/he must be racist because s/he is from Korea and s/he ruled against me" isn't going to fly.
  • Reply 51 of 66
    slang4artslang4art Posts: 376member

    Quote:

    Originally Posted by Gazoobee View Post


     


    When someone makes a racist remark, you don't do anyone any favours trying to make a stupid joke about it.  


    It's a serious thing.  You're not "lightening things up" or anything similar, you're making it worse. 



    Insensitive or not, people can joke about and say whatever they want.

  • Reply 52 of 66
    slang4artslang4art Posts: 376member

    Quote:

    Originally Posted by fredaroony View Post


    I did as well but nothing happened so I guess they don't care about racist comments on this site. Perhaps it has something to do that some of the comments came from a Moderator which is truly sad and pathetic.



    The moderator didn't make any racist remarks. Maybe you're just trying a little too hard to find something to be offended by.

  • Reply 53 of 66
    fredaroonyfredaroony Posts: 619member

    Quote:

    Originally Posted by Slang4Art View Post


    The moderator didn't make any racist remarks. Maybe you're just trying a little too hard to find something to be offended by.



    Yes the moderator did.

  • Reply 54 of 66
    slang4artslang4art Posts: 376member

    Quote:

    Originally Posted by fredaroony View Post


    Yes the moderator did.



    "the belief that all members of each race possess characteristics or abilities specific to that race, esp. so as to distinguish it as inferior or superior to another race or races.


     


     


    • prejudice, discrimination, or antagonism directed against someone of a different race based on such a belief"


     


    He never made any remarks that insinuated either... His concern was that there could be bias in the case if Koh were a racist. Agree or disagree, but he has the right to his opinion, and in the real world, people make decisions based on race all the time. I suppose you're one of those people that says things like, "I so could have been born black". People like you are a threat to liberty and free speech.

  • Reply 55 of 66
    fredaroonyfredaroony Posts: 619member

    Quote:

    Originally Posted by Slang4Art View Post

     Agree or disagree,


    I disagree.

  • Reply 56 of 66
    tunetune Posts: 91member


    Geez Mods, I said "Looks like the Apple bribes are working" and you give me an infarction and delete the comment?? (see first post of thread)


    You think the censorship in communist countries is bad, welcome to the Republic of Apple.

  • Reply 57 of 66
    Hey Skil, by your logic, Vaughn Walker should have recused himself from the Prop 8 case due to his sexual orientation.
  • Reply 58 of 66
    jragostajragosta Posts: 10,473member
    Hey Skil, by your logic, Vaughn Walker should have recused himself from the Prop 8 case due to his sexual orientation.

    By the same logic, U.S. judges should recuse themselves from any international case involving a U.S. company. When you express it that way, it's even more absurd. So who's going to try international cases involving U.S. companies in U.S. courts? Should we bring in judges from other countries who are not familiar with our laws in order to avoid bias?

    Obviously, the logic is flawed. There's no reason to believe that someone is biased simply because of where their ancestors were born. If you try to argue that in front of a judge, you'd get laughed out of court. I guess it's just remotely conceivable that you might get away with arguing it if the country is the size of Monaco or one of the other tiny countries where everyone knows everyone else, but in that case, the argument would be that the judge should step down because s/he knows the defendant, not because they're from the same country.
  • Reply 59 of 66
    tallest skiltallest skil Posts: 43,399member

    Quote:

    Originally Posted by jragosta View Post

    Should we bring in judges from other countries who are not familiar with our laws…


     


    I asked before and never got a response: why does that have to be the case?

  • Reply 60 of 66
    jragostajragosta Posts: 10,473member
    I asked before and never got a response: why does that have to be the case?

    Because - your argument is that a judge of Korean descent can not judge fairly in a case involving a Korean company.

    If your statement is correct, by exactly the same logic, a judge of American descent can not judge fairly in a case involving an American company.

    So in order to get a fair trial, you'd have to bring in non-American judges. And since the number of American judges can barely keep up with the caseload, it is not plausible that there will be enough foreign judges who are familiar with our laws. Furthermore, there is no mechanism for hiring foreign judges to try cases involving American companies in American courts. For that matter, it might even be unconstitutional.

    In any event, your argument that someone who has one or more Korean ancestors can not be impartial in a case involving a Korean company is bogus, It has no legal precedent and just doesn't make sense in light of the above.
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