UK court orders Apple to rewrite website statement saying Samsung didn't copy the iPad

Posted:
in General Discussion edited January 2014
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.

Judgement


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.
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Comments

  • Reply 1 of 477
    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.
  • Reply 2 of 477
    moxommoxom Posts: 326member
    Oh boy....

    Judge Robin Jacob must be an iPad 3 customer or something....
  • Reply 3 of 477
    tulkastulkas Posts: 3,757member


    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.

  • Reply 4 of 477
    rot'napplerot'napple Posts: 1,839member
    Judge didn't stipulate font color!... A soft white for text and link should do nicely...
  • Reply 5 of 477


    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.

  • Reply 6 of 477
    richlrichl Posts: 2,213member

    Quote:

    Originally Posted by Clocknova View Post



    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.

  • Reply 7 of 477
    moxommoxom Posts: 326member

    Quote:

    Originally Posted by Rot'nApple View Post



    Judge didn't stipulate font color!... A soft white for text and link should do nicely...


    image

  • Reply 8 of 477


    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.

  • Reply 9 of 477
    drblankdrblank Posts: 3,385member

    Quote:

    Originally Posted by Clocknova View Post



    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?

  • Reply 10 of 477
    drblankdrblank Posts: 3,385member

    Quote:

    Originally Posted by Clocknova View Post


    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.

  • Reply 11 of 477
    chris_cachris_ca Posts: 2,543member
    [QUOTE]The absolute worst thing that could happen would be imprisonment for contempt of court.[/QUOTE]
    Imprisonment of ?
  • Reply 12 of 477
    crowleycrowley Posts: 10,453member


    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.

  • Reply 13 of 477
    crowleycrowley Posts: 10,453member


    14 days image  Apple do themselves no favours by saying such ridiculous things.

  • Reply 14 of 477


    Oh look, it's all the arm chair UK legal experts out this morning. 

  • Reply 15 of 477
    richlrichl Posts: 2,213member

    Quote:

    Originally Posted by drblank View Post


    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.

  • Reply 16 of 477


    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.

  • Reply 17 of 477


    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.

  • Reply 18 of 477
    crowley wrote: »
    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.

    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?
  • Reply 19 of 477


    Originally Posted by RichL View Post

    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 View Post

    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.

  • Reply 20 of 477
    asciiascii Posts: 5,936member


    It was a ridiculous ruling and that kind of playful statement was about all the seriousness it deserved.

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