Did Apple PhotoShop into an injunction against Samsung?
Aspect ratio in photo delivered to German court is not correct.
Aug 15, 2011 in Graphics, Humor, Mobile, Rumors
Apple Inc.
It seems that Apple (NASDAQ:APPL) has been caught with its pants down by the Dutch website webwereld (webworld), which has compared the evidence submitted by Apple to a German court in order to obtain an EU junction against Samsung’s (005930:Korea SE) Galaxy Tab.
The Tab has an aspect ratio of 1.43 whereas iPad 2 has one of 1,.30. But in order to make the Tab look more like an Ipad 2 the aspect ratio has been slimmed down to 1.36 in the evidence supplied to the court.
Arnout Groen, an attorney at Klos Morel Vos & Schaap in The Netherlands and specialized in intellectual property rights, is befuddled. “The mistake in form factor can hardly be a coincidence. The form of the Tab is distinctly different so it looks more like the iPhone. It is up to the discretion of the German court how this will be handled. ”
In civil proceedings the parties have a legal duty to present evidence “fully and truthfully”. This is true whether deliberately or accidentally incorrect evidence has been submitted, and as the court may commit significant consequences, explains Green to webwereld. “In design cases concerning the design of products, making it essentially to supply correct information.” Groen said.
Several sources point to the fact that the photo, if not PhotoShopped, may be of a pre-release unit that has previously been used as evidence in an American court case. Also noted is the missing Samsung logo as well as the distinctive Apple “home” button.
Webwereld has tried to obtain comments from both Apple and Samsung, but so far to no avail.S|A
24 Responses to “Did Apple PhotoShop into an injunction against Samsung?”
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Aug 29, 2011
[...] man dazu noch bedenkt, daß nach allem, was wir wissen, Apple manipulierte Bilder als „Beweis“ verwendet hat, sollte man ihnen einfach wegen betrügerischer [...]
aww I sound like im angry ’cause I cant afford one. Well no. That not it. Geez why so many people buy this overpriced shit?
don’t say anything… I know… It’s user friendly, it’s ‘design’, it’s……….popular………
Know what I hate about Apple (post 2kyears) ?
Everything.
There is really nothing else to say.
Apple just tries to get rid of the competition by not actually fighting the battle. And they will probably fail.
So it seems to me that Apple is quite handy with PS, unlike Flash;) I wonder what method it used for resizing, Bi-cubic or Nearest-neighbor!
I would also like to ad the fact that Apple shows the apps screen as the home screen and not the actual home screen which would be filled with widgets and apps normally.
Look out picture frames everywhere Apple can apparently have an injunction on your device.
What’s with Europe these days? They used to be cool now France is trying to kill the internet, Italy finds Google at fault for auto-completing search results, Germany has an injunction on the Galaxy Tab somehow, Belgium newspapers sue Google and win for linking their stories, then they turn around and ask for Google to start linking them again.
“What’s with Europe these days?”
What do you mean by “these days”? World-wide copyright law is based on the Berne convention and was designed to be highly favorable towards publishers by Europeans. And patent law also derives from laws and conventions created by Europeans. And Europe has laws restricting free speech that would be unthinkable in the US. So, there is nothing “these days” about it: these things come from Europe. The US refused to play ball for a long time, but eventually gave in because it had to; for example, the US only came into compliance with the restrictive Berne convention in the 1970′s.
You forgot to mention that in Europe it is not allowed to patent an idea, while it is in U.S.
Europe voted against patenting software lines code. Nowhere in Europe there’s a a govern that imposes the complexity of cryptographic algorithms in order to be able to decode them itself by brute force.
And we have not artificially extended copyrights longevity to 90 years in order to protect some (national) companies products killing any fair use attempt and creativity.
Extended use of patent and copyright protection is killing what once was U.S. economical force against the rest of the world. Now that the rest of the world (read Cina, Korea, India and Japan) have advanced so much, U.S. seems a snail and can’t keep the pace. Protectionism, which is penalizing national companies as well, is not an answer. Not in the long term, at least.
Is it just me or did anyone else look at those drawings and think of an etch-a-sketch with the knobs removed?
The form of the Tab is distinctly different so it looks more like the iPhone. It is up to the discretion of the German court how this will be handled.
Why are they comparing the Galaxy Tab (let) to the iPhone all of a sudden?
Apple will say it´s not their fault but the fault of the lawyer´s office…
Oh, in this case only be one or two of 2398 people in Apples never weary lawyer crew…
Well… it’s a little funny that they photoshopped evidence. Didn’t they look at actual devices?
It makes you wonder, what kind of idiot (not to say something worse) was prosecuting the case, or how flawed/corrupt the system is…
I’d love to know the follow-up to this, if Apple did indeed PhotoShop the image just for it to better fit them, wouldn’t you be able to argue about the validity of the rest of the evidence presented?
It is exactly what I thought.
Didn’t they showed the devices in court?
There was no hearing of the case.
For this kind of ruling, Apple had to convince the court that Samsung had infringed their protected design.
Samsung wasn’t heard before this ruling.
There will be a hearing end of August, but until then the Galaxy Tab may not be sold by Samsung.
The funny thing about that is, MediaMarkt is still selling the Tab. There was even a special offer last Saturday.
They say they can do this, because the ruling is against Samsung and not any retailer.
Therefore they can sell the Tab until supplies run out.
@Vizeroy
“There will be a hearing end of August, but until then the Galaxy Tab may not be sold by Samsung.”
Perhaps that was the entire point of the court action. Just a means to protect and boost Apple sales. Or am i being cynical?
If the court rules against Apple then Apple will be liable for any damage done to sSamsung
“The Tab has an aspect ratio of 1.43″
webwereld says 1.46, which makes Apple’s photoshopping even worse.
Now let’s see if the court will do what must be done, and dismiss Apple’s complaint along with a hefty fine for trying to cheat the legal system.
Silly Alexko, money isn’t a problem for Apple.
It (money) might not be a problem for Apple, but I’m sure someone in the EU would benefit from getting some of it. :)
Skip the EU! Give it to me!!!
Please
Says Apple.
In their SEC filings.