UK court orders Apple to rewrite website statement saying Samsung didn't copy the iPad
A link to a statement saying Samsung didn't copy the design of the iPad on the front page of Apple's U.K. website has been declared non-compliant with a court order, forcing Apple to rewrite it and post it more prominently within two days.
The altered statement will have to remain on the front page of Apple's U.K. website until December 14, according to The Guardian. The revised statement must be posted by Apple within 48 hours.
"I'm at a loss that a company such as Apple would do this," Judge Robin Jacob said, according to Bloomberg. "That is a plain breach of the order."
Last week, Apple updated its site with a link at the bottom entitled "Samsung/Apple UK judgement." Clicking the link takes users to a blank page with no links, logos or other information.
The site lets visitors know that the High Court of Justice in England and Wales ruled on July 9, 2012, that Samsung's Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe on Apple's design patent No. 0000181607-0001. It also quotes the judge as saying Samsung's products are "not as cool" as Apple's.
But at a hearing held in London Thursday morning, the judge told Apple it must change the wording of the statement within the next two days. The revised statement must have an 11-point font and be displayed on the company's website front page.
The iPhone maker told the judge it would need at least 14 days to put a revised statement on its site, but one judge said he "cannot believe" it would take so long.
The statements about Samsung devices being "not as cool" came from a ruling by Judge Colin Birss in July, when he found that Samsung's products were distinctive from Apple. Apple attempted to appeal the decision, but lost last month.
Birss ordered Apple to run advertisements on its UK website as well as in British magazines and newspapers, declaring Samsung did not copy the iPad. The Web notice is to remain active at least six months, while other ads would be taken out in various print publications as a consolation for the "damaging impression" Samsung suffered a result of the suit.
The altered statement will have to remain on the front page of Apple's U.K. website until December 14, according to The Guardian. The revised statement must be posted by Apple within 48 hours.
"I'm at a loss that a company such as Apple would do this," Judge Robin Jacob said, according to Bloomberg. "That is a plain breach of the order."
Last week, Apple updated its site with a link at the bottom entitled "Samsung/Apple UK judgement." Clicking the link takes users to a blank page with no links, logos or other information.
The site lets visitors know that the High Court of Justice in England and Wales ruled on July 9, 2012, that Samsung's Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe on Apple's design patent No. 0000181607-0001. It also quotes the judge as saying Samsung's products are "not as cool" as Apple's.
But at a hearing held in London Thursday morning, the judge told Apple it must change the wording of the statement within the next two days. The revised statement must have an 11-point font and be displayed on the company's website front page.
The iPhone maker told the judge it would need at least 14 days to put a revised statement on its site, but one judge said he "cannot believe" it would take so long.
The statements about Samsung devices being "not as cool" came from a ruling by Judge Colin Birss in July, when he found that Samsung's products were distinctive from Apple. Apple attempted to appeal the decision, but lost last month.
Birss ordered Apple to run advertisements on its UK website as well as in British magazines and newspapers, declaring Samsung did not copy the iPad. The Web notice is to remain active at least six months, while other ads would be taken out in various print publications as a consolation for the "damaging impression" Samsung suffered a result of the suit.
Comments
No offense intended to UK customers, but a court demanding a written apology like this is just silly.
Judge Robin Jacob must be an iPad 3 customer or something....
The judges are taking this personally. No apology was ever order. Apple was required to make a statement of fact in order to dispel confusion by potential customers. They did this to the letter, even pasting exactly the wording that was ordered. They followed every part of what they were instructed to do. They worst one can claim is that they added additional facts to their statement. But the judges here say that they think Apple is in breach of the order because they included statements that were "incorrect" and "untrue". I'd ask the judges to point out a single statement in Apple's notice that was untrue or incorrect.
They won't be able to. And that shows that this is personal. The judges feel that Apple gave them the finger, I think mainly because the media portrayed it that way. The media mistakenly reported the notice by Apple as being an apology and and sarcastic one at that. But there was no apology ordered. The order specifically said it was not meant to make Apple lose face but only to clarify the status of the case to potential buyers. They did this. But the judges have their panties all bunched up because the media portrayed it as Apple insulting them and they bought into it.
It becomes obvious by Samsung selected the UK to Apple in. Mushy headed judges seem fairly common there.
It's not like the UK can put Apple in jail. They should really give this judge the middle finger and see what happens. I predict nothing at all. Again, worst case scenario is they can no longer sell in the UK. Small country; no big loss.
Quote:
Originally Posted by Clocknova
Couldn't Apple just refuse? What's the worst that could happen? They'll make the UK angry? Surely they can afford to pull out of that market if it comes to that. It's a fairly small market.
No offense intended to UK customers, but a court demanding a written apology like this is just silly.
The absolute worst thing that could happen would be imprisonment for contempt of court. No, the company can't be put in jail but owners and directors can be.
That's the extreme worst case scenario though. More likely will be a fine, which unpaid could lead to seizure of assets.
Globally, the UK market is pretty small but it's a big market for Apple. Two of the three largest Apple stores in the world are located in London. Apple could afford to pull out of the UK market just as the could afford to pull out of the US market. Just because something is possible doesn't make it a good idea though.
The law in England is very clear about this kind of order. It isn't the judge laying down font sizes and locations to his own taste. There is pre-existing guidance.
Quote:
Originally Posted by Rot'nApple
Judge didn't stipulate font color!... A soft white for text and link should do nicely...
This is so typically UK in recent years. I really can't stand the place any more. It treats it's citizens (and companies) like children.
The place is an embarrassment.
Quote:
Originally Posted by Clocknova
Couldn't Apple just refuse? What's the worst that could happen? They'll make the UK angry? Surely they can afford to pull out of that market if it comes to that. It's a fairly small market.
No offense intended to UK customers, but a court demanding a written apology like this is just silly.
What I think is even funnier is that the only people that read it know it's been done by the court and the court is being stupid and most people just laugh at it.
I think Apple should state that the only reason why they are stating it is because they were ordered to, but they don't take the same position and neither do other courts in other countries.
The judge on this case is OBVIOUSLY a wanker. I thought their apology was appropriately stated the first time. They were quoting the judge and he didn't give them specific verbiage originally did he?
Quote:
Originally Posted by Clocknova
It's not like the UK can put Apple in jail. They should really give this judge the middle finger and see what happens. I predict nothing at all. Again, worst case scenario is they can no longer sell in the UK. Small country; no big loss.
No one even reads the thing unless they need a good laugh.
Imprisonment of ?
So where are all the blowhards who were saying this couldn't possibly happen because Apple were completely, demonstrably in the right?
Good decision, Apple need to be slapped down when they act out.
14 days
Oh look, it's all the arm chair UK legal experts out this morning.
Quote:
Originally Posted by drblank
The judge on this case is OBVIOUSLY a wanker. I thought their apology was appropriately stated the first time. They were quoting the judge and he didn't give them specific verbiage originally did he?
This has gone through the court of appeal. Four judges (one for the original case, three for the appeal) have agreed on the same verdict.
Talk about material for a Monty Python skit.. The apology ruling was foolish and Apple did what most of us would have done if we were in Apple's position. Biriss's personal comment about 'coolness' when it comes to an Apple product of course triggered media attention that focused attention on the wide difference in legal opinion between the preliminary German ruling that led to a ban and the UK court findings of exoneration. So this 'apology' had as much to do with the politics of the UK vs the EU as it pertained to 'turf,' as it did for Apple losing the (counter) claims. Instead of dying down in the media, the Apple web link fanned the flames of outrage from the UK - not just the judges, but residents who felt Apple was mocking the UK. I must say that Jacob's remarks seem at odds about his earlier statement that this was not intended to make Apple grovel. This is all about making Apple grovel.
What they should do is do exactly what the judge states, then under his little thing post, besides the phrase "per court order and court wording", to list all of the other places in the world that Apple is winning judgments in their favor against Sammy for the design. To show that UK is in the minority of siding with Sammy.
Where are the blowharders who insisted that Tim Cook would be jailed and the company be held in contempt over the first posting? Doesn't look like that happened huh?
Originally Posted by RichL
The absolute worst thing that could happen would be imprisonment for contempt of court.
Except Apple hasn't done that, so no punishment can be levied. They did exactly what the court asked, and they don't have to comply with this new whining request.
Originally Posted by Crowley
So where are all the blowhards who were saying this couldn't possibly happen because Apple were completely, demonstrably in the right?
Right here, still saying the same thing, because we're right, you're wrong, and Apple has already done what they were legally required to do.
Good decision, Apple need to be slapped down when they act out.
Wow, you're right. You're all treated like children, and so you ACT like children. Going so far as to force others to conform to your horde.
It was a ridiculous ruling and that kind of playful statement was about all the seriousness it deserved.