Bonum Certa Men Certa

Apple Must Apologise to Judges, Not Just to Samsung and Android

Apple's tribalism backfires

Football



Summary: Apple's Hubris and reluctance to comply with court orders is costing it not just in bad publicity but also a more severe and stern order

Apple is a nasty company based on its behaviour in recent years. It's not mere emotion that makes one call Apple "nasty"; this has become a widely-held perception, sometimes about Apple's most passionate customers too. Watch Apple getting criticised for its aggressive nature again:



Apple is a litigious company, most famously for its multi-billion dollar patent crusade against Samsung. The Cupertino company has a more quixotic legal battle going on against its competitors, however, that has also become a bit of a war against the English language. Since last year, Apple lawyers have been arguing that "App Store" is a trademarked phrase, and it has the right to stop others from using similar phrases. That includes Amazon, which was sued by Apple in March 2011, shortly after it opened the Amazon Appstore for Android.

Now, some of those issues are finally coming to a head in public. At a hearing today in an Oakland federal court, it became clear that while Apple may have a lot of fury and passion behind this lawsuit, it has run into trouble in the form of a very skeptical judge. US District Judge Phyllis Hamilton showed great doubt that Apple will be able to prove that consumers were confused or deceived by Amazon's use of the word "Appstore." At this point, it's somewhat remarkable that the company hasn't dropped this suit, since Hamilton indicated a year ago that she was unimpressed by Apple's arguments and denied a preliminary injunction.



Good.

Apple's arrogant marketing (including the "R and D" nonsense) is not impressing those who see innovators fleeing or getting fired. To quote this one report, "[w]hen Apple forced its mobile software leader Scott Forstall out of the company, it pushed out the most prolific inventor at the company, as measured by recent patent filings.

"Forstall's name is on 166 pending patent applications. That's more than anyone at the company, according to data from investment bank MDB Capital."

Those patents have been used against companies like Samsung, usually in vain. Apple is getting told off by judges who accuse the company of breach of order. To quote: "Apple tried to argue that it would take 14 days to post an updated notice on its website, but the request was shot down. In fact, Judge Jacob made it clear that Apple's actions are beginning to make him testy."

Mr. Pogson says that "Apple Needs to Learn Humility" and in a post by Mike Masnick we learn about the background:

Last week we noted that Apple had put up a rather petulant non-apology apology in response to the UK court order requiring it to advertise to the world that Samsung didn't copy Apple in making its devices. Many people wondered how the court would react to Apple's attempt... and the answer is that the court is not pleased (and is further displeased by Apple's claim that it needs two weeks to come up with something better)...


Pamela Jones says that Apple must go further than before:

There are consequences now that are worse than before. Apple tried to argue that they followed the letter of the law in the original notice, as does Patently Apple. But there is something called the spirit of the law too, and if you follow one and thumb your nose at the other, things can go wrong, because people notice. Judges are not stupid. Not that I believe what Apple did obeyed the letter of the law either. Nor did the judge in the UK.

It's never all right to show disrespect to a court of law, and lawyers above all others should take the lead in demonstrating that respect. The rule of law actually depends on it, which is another way of saying that civilization itself depends on it. Otherwise, it's back to pistols at dawn, or worse.


We wrote about the fake apology several times before [1, 2, 3]. Here is the best report we found in the sense that it's not shy to slam Apple:

Apple Has To Readmit That Samsung Did Not Copy iPad Design: Reprimanded By Court



[...]

Judge Jacob said, "I’m at a loss that a company such as Apple would do this. That is a plain breach of the order."

Apple's arrogance doesn't end here. The company requested 14 days to make the changes. Wow. Why would a company need 14 days to make changes to it's own site? Typical Apple.

Judge Jacob did not buy this and rejected the request stating, "I just can’t believe the instructions you’ve been given. This is Apple. They cannot put something on their website?"


Here is the Apple-friendly BBC:

Apple has 48 hours to re-write a statement on its website relating to its design rights dispute with Samsung, UK judges have ruled.

[...]

Lord Justice Longmore told Mr Beloff: "We are just amazed that you cannot put the right notice up at the same time as you take the other one down."

Sir Robin Jacob added: "I would like to see the head of Apple [Tim Cook] make an affidavit about why that is such a technical difficulty for the Apple company."


Now, that would be entertaining. Apple got itself deeper in the PR blunder. Its arrogance sure works against its intentions and brings no benefit.

Comments

Recent Techrights' Posts

When Wikileaks Sources Were Actually Murdered and Wikileaks Was Still a Wiki
when Wikileaks was a young site and still an actual wiki
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
Why the Media is Dying (It Sucks, No Mentally Healthy People Will Tolerate This for Long)
linking to actual news articles helps fuel the spam, too
[Meme] The Latest in the Microsoft Windows Blame Game
Microsoft found the culprit and came to everyone's rescue!
For the First Time Since May Linux.com (Linux Foundation) Published Something. It's All Spam.
Can we trust the Linux Foundation to look after anything at all? Look what it turned this once-thriving site into.
Honduras: Windows Down, Android Peaking Again
Honduras does not have many stakes in Microsoft
 
A Lot of GNU/Linux Growth on the Client Side is Owing to India (Where GNU/Linux Has Reached 16%)
A lot of this happened in recent years
Insulting Free Software Users in Social Control Media (Proprietary, Bloated With Opaque JavaScript) is Like Insulting Amish on TV
Why bother? Don't take the bait.
statCounter: Dutch GNU/Linux Usage Surged 1% in Summer
Microsoft is running out of things to actually sell
Microsoft's "Results" Next Week Will be Ugly (But It'll Lie About Them, as Usual)
Where can Microsoft find income rather than losses as its debt continues to grow and layoffs accelerate?
Julian Assange is Still Being Dehumanised in Media Whose Owners Wikileaks Berated (With Underlying Facts or Leaks)
Wikileaks and Free software aren't the same thing. Nevertheless, the tactics used to infiltrate or discredit both ought to be understood.
A Month Later
We're optimistic on many fronts
Links 23/07/2024: Downsizing and Microsoft and Still Damage Control
Links for the day
Gemini Links 23/07/2024: Friends and Solitaire
Links for the day
Censorship in Eklektix's Linux Weekly News (LWN)
Medieval system of speech, where the monarchs (Linux Foundation) dictate what's permissible to say
10 Years of In-Depth EPO Coverage at Techrights (Many Others Have Abandoned the Topic)
Listen to staff
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 22, 2024
IRC logs for Monday, July 22, 2024
Links 22/07/2024: Overworking and Performance Issues From Europe
Links for the day
Microsoft Eliminates 67% of the Building Occupancy - That's Some Truly Massive Layoffs
Half a dozen floors? Microsoft cuts that down to two.
[Meme] Signs of a Dying Patent Office
"Bribe the media to say you excel"
This Month's General Consultative Committee (GCC) Webchat ('Meeting') Covered the European Patent Office's Attacks on Its Own Interpreters
The Central Staff Committee is currently circulating a report with appendices about the GCC meeting [sic] (webchat) that took place less than a fortnight ago
A Byzantine European Patent Office Where Staff Must Beg for Help With Contraception (Worse Than the Rest of Europe)
The Central Staff Committee (EPO staff representation) has just circulated a report
[Teaser] EPO Run by Children
"Daddy, why was I born?"
Let's Encrypt About to Fall Below 100 (Capsules) in Geminispace, It's Basically in a Freefall
The "self-signed" portion keeps growing
Gemini Links 22/07/2024: Spacewalk Dies and Old Computer Challenge in the Rear View
Links for the day
[Meme] Twitter (X) Will Reject the Concept of a Female President
Twitter (X) is controlled by misogynists, who socially control (or socially-engineer) their fake concept of "media"
Second Family Photo of Julian Assange Since His Release (First Since His Birthday)
His wife shows the 4 of them for the first time (2 hours ago)
Protesters in Kenya Need Software That is Free (Libre) and Supports Real Encryption in Order to Avoid Capture and Torture (Sometimes Execution)
There's more to fight over than economic issues
The Ludicrous Idea That GNU/Linux is a "Poor Man's" Operating System
Seeing the trends in countries such an Norway, it ought to be abundantly clear that adoption of GNU/Linux has nothing to do with poverty
Links 22/07/2024: Internet Optimism and Kamala Harris Policies Debated
Links for the day
Something is Happening at OFTC
It looks like it shrank by 20,000 users
GNU/Linux Usage in Guadeloupe Rises Closer to International Average, Based on Web Data Collected by statCounter
It should be noted that the estimates of GNU/Linux usage are now in 4.5% territories
The Impact of OFTC's Latest Changes on the Perceived Scale of IRC Globally
IRC is still one of the more potent alternatives to the social control media conglomerates
New: Why They Really Went After Assange
Uploaded by Chris Hedges
Links 21/07/2024: Health, Politics, and Kamala Harris in Focus
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 21, 2024
IRC logs for Sunday, July 21, 2024
A Drop in Half (From 208 to 104): Sharp Decline in Number of Gemini Capsules That Use Let's Encrypt CA Since December
Gemini is increasing its independence from Certificate Authorities (CAs)
Gemini Links 21/07/2024: Last of Old Computer Challenge and Forth Language
Links for the day
Links 21/07/2024: Climate, Politics, and More Squashed Patents
Links for the day
Only a Quarter of Web Requests in Micronesia Traced Back to Microsoft Windows (It Used to be Well Over 95%)
Micronesia has over half a million people in it
Your F.U.D. is Already Showing, Microsoft
That talking point is quickly spreading so that CrowdStrike discussions become about "Linux" instead of Windows
Andrew Feinstein on Why Freeing Julian Assange is About the Freedom of the Press in General
Feinstein points out that truth itself is being challenged by people who value power, not truth, and typically seek to do things like sell arms and start proxy wars
In Palau, Windows Has Fallen to 16%
15 years ago Windows was at 98%
Gemini is Blossoming and More Capsules Are Self-Signing, Rejecting the Defunct and Falsely-Marketed Certificate Authority (CA) Model
Gemini is still very fast, not only because objects are lightweight but the protocol itself - i.e. the underlying logic - is as simple as it needs to be and only as complex as it must be
Gemini Links 21/07/2024: New Garden and New Gemini Arrivals
Links for the day
Links 21/07/2024: Extreme Heat and Fortescue Layoffs
Links for the day
GNU/Linux Lifted Up 0.03% Closer to 4.5% "Market Share" (or 50% More Than a Year Ago)
How many businesses and homes are permanently giving up on Windows after recent days' events?
Giving the False Impression That the R blogosphere is Microsoft's Microcosm
Curation that culls "astroturfing" isn't censorship but quality control for relevance
High Adoption Rates for GNU/Linux in Albania, According to statCounter
Albania has been a central point of some GNOME and diversity scandals
It'll Soon Be Half a Decade Since COVID-19's Breakout, We Still Need Verified Facts (Not Corporate Dogma) and Proper Media Reporting
COVID-19 has meant different things to different people
For the First Time, Microsoft's "Market Share" in North Macedonia Falls to Only a Quarter
Microsoft only has Windows
Evan Versus Julian
Published by Julian Assange's wife some hours ago
What The Internet Can Achieve When Put in the Hands of the Good People and Not Censored by the People Who Already Control the Mass Media
albeit Wikileaks put that in social control media owned and controlled by oligarchs
IRC Proceedings: Saturday, July 20, 2024
IRC logs for Saturday, July 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Hate Speech
This is also what makes TikTok so dangerous
Shark-infected Water on the Web
Don't turn Gemini into another "Web"
OpenHarmony, HarmonyOS Next, Deepin, Kylin, and openKylin: How China's Various Manoeuvres Away From Windows Get Covered in the West
Kylin was openly based on Ubuntu
WikiLeaks Wonders: Major Leaks That Shook the Worlds
Published 14 hours ago