Apple Faces Temporary iPhone, iPad Ban In Germany 193
An anonymous reader writes "A regional court has temporarily banned Apple from marketing or supplying iPhones and iPads in Germany, following a suit brought about by Motorola. However, Apple said that the judgement 'does not affect our ability to do business or sell products in Germany at this time.' This may have something to do with the respondent in the case being Apple Inc, the US parent company, and not Apple GmbH, the company's local subsidiary."
And this is a bad thing? (Score:1, Insightful)
Re: (Score:3, Insightful)
Samsung should dodge scam patents (Score:4, Interesting)
Seriously? You are criticizing Samsung for "dodging" scam patents like rounded corners? Why not criticize Apple for filing lawsuits based on scam patents? The JooJoo/Crunchpad had rounded corners before the iPad. Apple is just a patent parasite. We all know it.
Re: (Score:2)
Re: (Score:2)
Well, "The parasite is Shamfung", you mean as in not being able to negotiate a FRAND license for these patents that are critical to UMTS, that Samsung co-developed? Let me know if I guess wrong, but Apple did not participate (in design, in costs, ...) when GSM was created. They did not participate when UMTS was created. And while GSM was a primary European effort, UMTS was a more global effort. So Motorola, Nokia, Sony, Ericsson, Samsung, ... all funded the UMTS standard so to say, they even gave it kind of
Re: (Score:2)
Re: (Score:2)
They did not invent the graphical user interface either, and tried to sue Microsoft over that, some decades ago.
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
Hey, it was Apple who came up with the "Think different" slogan. Why shouldn't Androidites use "Think smart" as their own? ;)
How about "think more"?
Re:And this is a bad thing? (Score:4, Insightful)
How about "think at all"? Amount of FUD surrounding Apple or Apple vs Anything is depressing.
Re: (Score:2)
Re: (Score:2)
It would seem that your user name pretty much defines why you would resort to an 'ad hominem' attack, just so typical of Apple marketing efforts over the last year as the stresses of diminishing market share affect bonuses.
Re: (Score:2)
It would seem that your user name pretty much defines why you would resort to an 'ad hominem' attack, just so typical of Apple marketing efforts over the last year as the stresses of diminishing market share affect bonuses.
It would seem your user name is just as meaningless as your posts. No, make that "has more meaning than". Oh, and you should seek professional help. Seriously.
Re: (Score:2)
Well if the Apple marketdroids had not been quite so incessant when it came to attacking anyone that posted anything against Apple in any forum for any reason, it would not have become quite so much fun to now continually hit them with that trolling stick. Apple marketing basically went way too far and are now starting to pay a price for it and it is only beginning, those Apple marketdroids are just so laughably over-defensive it's fun to poke them at every opportunity.
Kinda like Scientology, I guess... only without the lawsuits and death threats.
Re: (Score:2)
They still do have their secret police force, the usurps the power of the regular police which is just as disturbing, even more so considering they are a just tech company. It seems they all got too wound up in their own hype and have disappeared out over the deep end. It will end up sinking them as a company if they can't get it back under control.
Re: (Score:2)
Retarded people "Think Different" too. FWIW, I don't use apple crap *or* android.
Re: (Score:2)
Hey, it was Apple who came up with the "Think different" slogan.
What should I read into the fact that Apple's slogan is grammatically incorrect?
Re: (Score:2)
Hey, it was Apple who came up with the "Think different" slogan. Why shouldn't Androidites use "Think smart" as their own? ;)
We'd be sued for the "think" part.
Re:And this is a bad thing? (Score:5, Funny)
Re: (Score:2)
Re: (Score:2)
Actually, Apple is the bad guy here. They are using patents willfully without negotiating a license, which is obvious a very good reason to hold selling Apple products that use say UMTS (so everything beside PCs/Laptops and Ipods and Ipad Wifi-only gets banned), till this fuck up is cleaned up by Apple.
Re: (Score:2)
I have spent a fair bit of time with an iPad 2 because my mother has one. She got it because a couple of macheads pressed her aggressively to get it. Roughly 99% of what she uses it for is playing "bookworm". She tried to use it for web surfing but it is pathetic, with text a big pain to enter, squinty little text fields, buttons that do not respond, pages that take ages to load while loading instantly on my Xoom. She tried to use it for email but again, text entry is just pathetic, and gmail responds way too slowly. She tried to use it for watching videos but there are strange lag issues with Youtube, ranging into the minutes. The iPad really loves to resize the view automatically in various completely inappropriate ways.
Except for text entry (where Android at least has a better onscreen keyboard) none of these issues occur with the Xoom. My personal experience with the iPad 2 is that, every time I use it I get a nearly irresistible urge to break it in half against the edge of a table, about once a minute. It is beyond me why people buy these things and claim to be happy. Maybe something about pride? Color me stumped.
One thing I have noticed about macheads is that they tend to respond aggressively to criticism.
There's some saying... (Score:2)
There's some saying. It was something about reaping and sowing I think. Or was it some bed you sleep in after making it?
Re: (Score:2, Insightful)
Yes, Apple really made their bed by getting sued by Motorola in October 2010.
Re:There's some saying... (Score:4, Interesting)
Re: (Score:2)
That was March 2011.
The litigation morass (Score:5, Insightful)
Re: (Score:2)
Re: (Score:2)
By iSword or meSword?
Re: (Score:2)
Re: (Score:2)
They still have a lot of reserves, and they can buy a lot of goodwill if it would serve them. So, unfortunately, I'm not sure if that statement is an accurate representation of the situation they are in.
Re: (Score:2)
Re: (Score:2)
Let me put it differently: you can't buy (real) friends, but you CAN buy business partners.
It was a summary judgment (Score:5, Informative)
Apple didn't bother to show up, so they had a summary judgment made against them. They'll likely appeal and argue over the merits of the patents in question during the appeal. In the meantime, it's doubtful that any injunction will actually get enforced.
Re:It was a summary judgment (Score:4, Informative)
Re: (Score:3)
They can ban products from being imported nevertheless.
Other than that, you still can buy Samsung Galaxy Tabs. According to sellers, they are prohibited to import new (not sure how well that gets controlled) but allowed to sell current stock.
Re: (Score:3)
Re: (Score:2)
The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.
Re: (Score:2)
Apple GmbH can still sell in Germany, but they imported their products from Apple Inc. Now AFAICT Apple Inc is no longer allowed [blogspot.com] to sell them to Apple GmbH, so whatever stock is in the country, is all they can sell:
The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.
Let's assume this is so - then they just do it like Samsung with the similarly banned Galaxy Tab - simply ship via another European Apple branch.
And how different it is from Samsung? (Score:2)
And how different it is from Samsung? You think there is no Samsung Germany hence they've banned all Samsung or violating "community design" of rectangular shape with rounded corners is punished harder, than violating Motorola's hardware patents?
Re: (Score:2)
They have to get their supplies from Apple Inc. Similarly to Samsung the local subsidiary can continue to sell what they have but can't get any new stock from the parent company.
Re: (Score:2)
Engadget ran this story with what I presume is the same misinformation in it last week. I haven't been able to reach ZD Net UK. They might be slashdotted.
It isn't an injunction, legal term Verfuegung, it is a default judgment of infringement. They will now appeal it.
Nothing to see here. (And the server in the UK seems to have fallen down on the job as well.)
There is a lot to see here. Because of the default judgment, Motorola can move to have the infringing products banned from sale immediately despite a certain appeal by Apple. This is how it works in Germany. In the United States, the infringing products can still be sold while the appeal is ongoing.
Much of the reporting I have seen stems from a Florian Mueller posting on his blog. Florian received the judgment from someone and nobody knew if it was fake of not. Florian's post was complete speculation o
Re: (Score:2)
So where do they get thinking they didnt have to show up?
Because they are Apple?
Well, kinda? The judgement is against Apple Inc. - they don't sell anything in Germany. Epic fail by Google not to sue Apple Deutschland GmbH instead.
It would serve Apple right (Score:3, Insightful)
Apple used to be a great company. Now, Apple is just a patent parasite. If iProducts are banned, Apple will only have themselves to blame. You can blame other companies for defending themselves against an aggressive scammer, like Apple.
Re: (Score:2)
So many words being twisted to mean something else in this post, where to start!
Re:It would serve Apple right (Score:4, Insightful)
I'd object to the description 'patent parasite'.
Assholes, jerks and many other derogatory terms may be appropriate, but 'patent parasite' implies that they are leaching off others. Instead they are the ones pushing the market in every way, but using patents to stop others from following the same strategies. It's not nice, and it's not healthy for competition, but it's also not parasitic.
Re: (Score:2)
but 'patent parasite' implies that they are leaching off others.
You mean Apple invented anything to do with cell phones?
I mean sure they did a bunch of neat stuff with the ipod touch as a user interface, and sticking a phone into it was a good move too...but lets take a look at that phone that they stuck into it?
That's quite a bit of sophisticated radio technology in there. We're not talking "swipe to unlock" or "rounded rectangle" ... crap. We're talking the nuts and bolts of maintaining a high speed data
Re: (Score:2)
I wouldn't call a rectangle with rounded corners an "innovation". The only reason you apply for such a ridiculous patent and then try to bash your competitors over the head with it is in order to keep them out of the market by foul means rather than fair competition.
The Galaxy S has been selling really well, and the Galaxy Tab is considered the main competitor of the iPad. Rather than going after all phone and tablet manufacturers who violate the same patents that Samsung do they started with just their mai
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
And of course they try to sue everyone who competes in their market. I do not recall IBM trying to sue everyone when they all started making laptops...
But they did sue everyone when they tried to make "IBM compatible" PCs. And they sued companies to pay licenses for their patents after that didn't work. And for years IBM made $10 for every PC sold, because they used things like the PC keyboard interface or the floppy size detection scheme. Yup, the noise floppy drives made when you put in a disk - IBM got money for that.
Re: (Score:2)
The patent abuse that has been turning Apple from one of the world's most loved companies into the most hated won't have been such a good gamble if they start losing all these cases. Still, they have enough cash in the bank to outlast SCO. All us neutrals that were recommending Apple to avoid Microsoft are now regretting our decisions :-(.
Phillip.
Re: (Score:2)
"The patent abuse that has been turning Apple from one of the world's most loved companies into the most hated"
I think you mean Slashdot's most hated. How many people outside of the industry even know about the patent wars? 3? People get shiny, people are happy. Industry is busy kicking each other in the nuts.
As they say (Score:2)
Payback is a bitch.
It will not hurt Apple.. (Score:2)
Well, not much. This is primarily going to hurt German retailers which is why you probably will not see an outright ban on the sale of iPhones and iPods. If you don't think people will be driving to, riding to, flying to, or ordering from other countries to get their Apple gadgets, think again. Apple products draw a lot of water and it's something people are buying regardless of the relatively poor state of the western economy.
Re: (Score:2)
It wont hurt them much?
You do know Germany is the 4th biggest economy in the world right, the biggest economy in Europe, and the second biggest economy in the West?
I dunno, that sounds like quite a painful economy to lose your ability to sell your products in.
Thermonuclear that is (Score:2)
"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong," Jobs said. "I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this." Steve Jobs
Jobs also called everything Google made "shit," (with the exception of its search engine), and unfavourably compared the web giant to Microsoft.
http://www.cbsnews.com/stories/2011/10/20/scitech/main20123421.shtml [cbsnews.com]
Re: (Score:2)
Jobs also called everything Google made "shit," (with the exception of its search engine), and unfavourably compared the web giant to Microsoft.
He is wrong - the search engine is turning to shit also.
old news ... (Score:2)
... I reported this and more about 6 hours ago.
just so you know. Apple must, according to the judgement that I read through, has to pay Moto damages dating back to as early as the beginning of 2002.
And, as some have most assuradely already noted, this ruling is against Apple Inc. which many believe doesn't actually sell anything in Germany. The problem is the German Apple sites are owned directly by Apple Inc. and so the Lawyers are still discussing if they may have to be shutdown or whatever. Still waiting
Re: (Score:2)
Re: (Score:2)
Apple is happily having other companies banned from releasing their smartphones in various companies using patents. One can hardly expect the Android base to not respond in kind.
This is the problem with standing behind strong principles to fight in a flame-war. Sooner or later you perjure yourself.
Re: (Score:2)
When someone kicks you in the balls, you'd like be able to prevent an encore...right?
Re: (Score:2)
Ah, the "but mooom, he started it!". I get it.
"Yes Johnny, but you're supposed to come tell us immediately, not hit him"
"Yes Google, but you're supposed to explore all the wonderful alternatives we have to a defunct patent system. Not write legal briefs and submit them to a judge"?
Re: (Score:2)
But there is no "but mooom". Apple has subverted the patent system and is using the courts. There is no authority to appeal to except for the "mom". So companies sued by Apple (not Google) are using the same system to fight back with in kind.
Your post might make sense if there were a higher authority to appeal to that could reign in the patent system and court abuse going on at Apple's instigation in various countries.
It's kind of like saying that
Re: (Score:2)
Re: (Score:2)
Well, MS was not sued over filesystems. Not my Linux distributors. And walking around, and spreading FUD, without giving out specifics (which patents are being violated), well is just FUDish PR.
I guess you would be okay if somebody says "you are a criminal", but does not specify what your crime is? Guess it's easy to defend one if one is not knowing what one is accused of, right?
Fair (Score:2)
Ah, the "but mooom, he started it!". I get it.
Apple: "It's not fair! He hit me back!"
Re: (Score:2)
Citation needed...
Re:Google's proxy wars (Score:4, Insightful)
Google may call for patent reform, but till then they have no choice but to play the game along with the others, whether they like it or not.
They have to be able to do business, and when Apple is getting increasingly aggressive now that their iStuff business is threatened by other corporations using the same technologies as those implemented (but rarely invented) by Apple.
I'm seeing a strong correlation between SCO and Apple these days, and I do hope for Apple that they know when to call it quits.
Re: (Score:2)
SCO lawsuit was much more questionably than Apple's and they were suing someone completely uninvolved. If Apple were suing General Motors for using engine technology that Apple really owned in Android that would be comparable to SCO.
Re: (Score:2)
Google didn't want this, motorola didn't want this, samsung certainly didn't want this.
It was Apple that went to the courts and tried to sue android oems. Now they have to reap what they've sown.
So please don't call google evil just because it is beating Apple at Apple's own game. (there are plenty of other more valid reasons to call google evil...)
Re:Google's proxy wars (Score:5, Insightful)
Google is not the villain... nor the victim. Neither is Apple, or any other of the combatants in the Patent Wars. Unfortunately, patent law doesn't allow someone to stay out of it... which is one of the ways in which it has become Evil.
Re:Google's proxy wars (Score:5, Insightful)
Google certainly is the victim. Google has had their products banned because of Apple's aggressive patent scamming.
You cannot blame Google for trying to defend itself against a patent extortionist like Apple.
These scam lawsuits are 100% Apple’s fault. Google, HTC, Motorola, never wanted this.
Re: (Score:2)
Google is just defending itself (Score:2)
Since when is it “evil’ to defend yourself against scummy patent parasite, like Apple.
These lawsuits are absolutely 100% Apple’s fault.
These lawsuits would have never happened were it not for Apple’s aggressive IP scamming. Apple is worse than Microsoft in this regard.
Re: (Score:3)
> they're talking how patents are bad,
> they use their proxy companies to attack competitors.
Google is not a party to any of these lawsuits.
Apple sued various companies (Samsung, Motorola, HTC, etc). Since the choice of lawsuits (and venue!) is Apple's alone, and Google is not involved as either plaintiff or defendant, how is Google to blame?
Furthermore, these are all publicly traded companies, which are duty bound to act in the int
Re: (Score:2)
Google bought Motorola, so yes, they are party to it.
But otherwise I agree with you.
Re: (Score:3)
Google hasn't bought Motorola. Merely states its intentions to do so, and filed some of the paperwork. Whether or not Google will acquire Motorola is still to be decided by regulatory bodies worldwide.
Re: (Score:2)
I was under the impression it had been okay'd now, but after a quick search I can't find anything confirming that so I guess you're probably right.
Re: (Score:2)
Google doesn't own Motorola Mobility yet...
Even so, this is very much a defensive move. Ever heard of a defensive force NOT shooting back? Apple opened a can of worms, and now they are paying the price. They should have left well enough alone.
Re: (Score:2)
Since when is defending yourself against an aggressor set on your doom "evil"?
The way things are, there is no "better way" and certainly no "high road" available for Google to take. Apple will NOT STOP and come back to the table until they are faced with the same crap they are issuing to everyone else. And let's be clear on this -- they are not only defending themselves, they are defending everyone else who is faced with the same problem.
When the fight is for "freedom" we are all beneficiaries. That's de
Re: (Score:2)
Nothing like a little patent MAD to spice up our lives.
Or to be more precise, make our lives a hell of a lot more expensive, because we the customers are the ones who end up footing the bill in the end.
Re: (Score:2)
Why is parent post scored as "troll" ? (Score:2)
Apple shills at at work here?
Why is this scored as a troll? (Score:2)
Apple shills at work?
Re: (Score:3)
Nope - stock standard (Score:3)
Yup, I was expecting someone would suggest I'd jailbroken the thing.
Guess what - I didn't. I never even tried, for a number of reasons I don't plan to go into. The phone is standard, kept up to date with a few days delay so I could check an update wouldn't screw up (I guess those years suffering Windows updates were good for something after all), and no apps that try to do something with hardware either.
Translated: the baseband code is as it came with the phone, and I intend it to stay that way. It now h
Re: (Score:2)
Re: (Score:3)
The issue with dropped connections on the 4S model doesn't seem to be "massive" at all, judging from what I read on the forums. It's a software issue apparently, and it occ
Re: (Score:3)
I have the 4S no network problems at all, no service issues.... I'm not sure what you talking about regarding dropping Net connections
Re. shitty provider (Score:2)
It's quite entertaining which conclusions people jump to on the basis of no information whatsoever.
A few basics.
AFAIK, the baseband code is made by Apple, and *ought* to conform to a number of standards. Which it doesn't always do. That same provider has no issues with all the other phones on their network, which kinda identifies the culprit pretty accurately. The statement was not made by an Apple engineer.
Secondly, you may not notice that your phone drops connection, it may simply appear a bit slower w
Re: (Score:3)
Totally sensational headline. The Injunction was against Apple Inc. and Apple Inc. can appeal and introduce new evidence. Apple Germany sells iStuff in Germany, not Apple inc. There has been no ruling against Apple Germany. how about /. deals with some facts instead of troll feeding?
So that is similar to Samsung Germany which isn't allowed to sell certain products in Europe (which Samsung France, Samsung Italy, Samsung UK and so on can happily continue to sell).
Re: (Score:2)
According to el reg this injunction is against Apple Inc. and all subsidiarties.
Re: (Score:2)
According to el reg this injunction is against Apple Inc. and all subsidiarties.
According to the actual document it isn't. El Reg is worse than Engadget.
Re: (Score:2)
Goatse. Do not click.
Re: (Score:2)
Yet more goatse. Woo. Hoo.
Re: (Score:2)
Goatse. You have been warned.
Re: (Score:2)
Goatse.
Re: (Score:2)
This link goes to goatse.