backtop


Print 70 comment(s) - last by sigmatau.. on Aug 22 at 3:30 PM


Apple got caught doctoring images of the Galaxy Tab 10.1 to make them look more iPad-like.  (Source: icanhascheezburger)

The images helped Apple secure a ban on the Galaxy Tab 10.1 sales in Europe.  (Source: Webwereld)
Apple just might have confused EU regulators into their Galaxy Tab 10.1 ban

It looks like Apple, Inc. (AAPL) has become Google Inc.'s (GOOG) latest foe to commit a legal blunder.

Webwereld.nl, the Dutch counterpart to Computerworld, was poking around in Apple's case files in its lawsuit [1][2] against Android device maker Samsung Electronics Comp., Ltd.'s (SEO:005930), when it noticed something interesting.  An "exhibit" showed how similar the iPad 2 and the Galaxy Tab 10.1 appeared -- but something wasn't quite right.

The Galaxy Tab was stretched via Photoshop or some image editor to look like it had the same dimensions as the iPad 2. The Galaxy Tab was reduced from a 1.46 aspect ratio (for the tablet, no the display) down to a more iPad-like 1.36.  The iPad has an aspect ratio of 1.30.

Given that a number of Apple's claims of infringement center around claims that Samsung copied its patented iPad design, this is a pretty serious problem.  Apple's claim that the products look "practically identical" is a lot more plausible if the Galaxy Tab 10.1 happens to be photoshopped to look more iPad-like.

EU lawyer Arnout Groen, a lawyer with the Dutch firm Klos Morel Vos & Schaap, suggests the mistake may be costly for Apple, stating, "This is a blunder. That such a 'mistake' is made in a case about design rights can scarcely be a coincidence. ... The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge. But at least a reprimand by the German judge seems to be in order."

A White Plains, New York career criminal's 2010 attempts to photoshop himself into images of volunteer work earned him over 23 years in prison.  It is unknown what penalties might be in store for Apple for its own digital doctoring in this civil case.

It is also unknown whether the erroneous image was included in lawsuits filed by Apple in other international courts.

Apple chief executive and co-founder, Steven P. Jobs has bragged about his mastery of stealing ideas from others, stating [video], "Picasso had a saying - 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas." 

Mr. Jobs contends Android handset makers like Samsung, HTC, and Motorola should not be allowed to "steal" the iPad and iPhone's patented looks and designs.  

Apple has succeeded in banning sales of the Galaxy Tab 10.1, for the time being, in Australia and in the European Union.  Samsung will appeal the European Union ban in court on August 25.

Apple appears to have the dubious distinction of joining the likes of Viacom, Inc. (VNV), whose copyright infringement case against Google was dashed when it was revealed that Viacom employees themselves uploaded some of the infringed content to Google's YouTube, and Oracle Corp. (ORCL), whose patent infringement case against Google's Android was hampered when a deleted corporate blog post surfaced in which Sun's former CEO appeared to okay the use.  Either Google has the skills of a magician when it comes to pulling legal rabbits out of the hat, or Google's foes are a bumbling bunch, depending on how you want to look at it.

In related news Google recently acquired Motorola Mobility, Inc. (MMI) in a blockbuster deal worth $12.5B USD.  The deal gives Google access to 17,000 patents, which it can use to defend its Android partners.  Aside from Samsung, both Motorola and HTC Corp. (SEO:066570) -- the other two of Android's top three -- are also being sued [1][2][3].



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

I'l say it again...
By quiksilvr on 8/16/2011 9:30:12 AM , Rating: 5
Fuck Apple. If you support them, I highly HIGHLY recommend getting out while you still can. Perhaps in time it will change like Microsoft did but until then, don't support them.




RE: I'l say it again...
By messele on 8/16/11, Rating: -1
RE: I'l say it again...
By Iaiken on 8/16/2011 10:07:33 AM , Rating: 5
News flash, if you buy an Apple product, you're supporting Apple.

This is not a new concept.


RE: I'l say it again...
By sprockkets on 8/16/2011 1:06:20 PM , Rating: 5
Exactly. I went from maybe I'll buy an apple product to, hell no I'll never buy one when they pulled that sh*t with google voice and third party dev tools to right now, where I'm at the point if I see Steve Jobs I've give him a new "look and feel."


RE: I'l say it again...
By Mitch101 on 8/16/2011 2:09:26 PM , Rating: 3
German court lifts EU ban on Samsung Galaxy Tab 10.1
http://www.bgr.com/2011/08/16/german-court-lifts-e...


RE: I'l say it again...
By paydirt on 8/16/2011 2:24:54 PM , Rating: 3
WE'RE MISSING THE OBVIOUS. WHY DID THE COURTS NOT LOOK AT THE ACTUAL PRODUCTS?!?! Why did they decide off a picture?


RE: I'l say it again...
By ipay on 8/16/2011 3:14:14 PM , Rating: 4
They didn't even notify Samsung to give them an opportunity to defend themselves before the ban. Samsung had no idea what was happening until they started reading about it in the media.


RE: I'l say it again...
By chick0n on 8/16/2011 4:35:04 PM , Rating: 5
Cuz it's from Apple, so they must be right !

You know Apple invented everything! Including 2 Button mouse, GUI, OS, portable music player, phones, air, earth,god ... u know, everything !


RE: I'l say it again...
By jhb116 on 8/16/2011 6:54:47 PM , Rating: 2
If Gore hadn't laid claim first - I'm sure they would claim they invented the internet to!!!!

BTW - Perfect opportunity for EU court to legitimately fine Apple for misconduct. In this case - I hope they do, although it would be nice to see a lawyer or lawyers that conduct this kind of litigation go to jail too......

PS - I think Apple makes good products. I just don't buy them due to their tendency to refine products in immature markets, claim they invented said products and then sue everyone into oblivion when said everyone catches up to Apple. hint, wink & nudge to Apple - shut up and innovate


RE: I'l say it again...
By priusone on 8/17/2011 7:44:11 PM , Rating: 2
True, true. And EU can funnel the multi-billion dollar fine into Greece's economy.


RE: I'l say it again...
By MechanicalTechie on 8/17/2011 8:55:26 PM , Rating: 1
Just so the greeks can take another long-arse holiday, open up some more loans and then bitch about not being able to afford a 13month paid salary and roiting... because thats what spoit children do.


RE: I'l say it again...
By Tunnah on 8/16/2011 2:32:09 PM , Rating: 1
i'm sorry but you really can't be so ignorant as to have no concept of brand loyalty

i can't remember the last time i bought something without considering the brand, either for aesthetics, quality, or just that assurance in knowing what to expect

and it's that familiarity which makes people loyal to a brand probably more than any other

or, in the case of apple users, blind affection for a status symbol :P


RE: I'l say it again...
By Raiders12 on 8/16/2011 10:03:32 AM , Rating: 3
100% agree. Still havent owned even an iPod in any shape or form. Had iTunes on my PC for a second, only because I needed Quicktime.

Little tricks like this just show you how twisted and ridiculous Apple is for their dominance. God forbid they need to release a functionally superior product. *Waits for Apple fanboys to start yelling*


RE: I'l say it again...
By xype on 8/16/11, Rating: -1
RE: I'l say it again...
By tng on 8/16/2011 10:54:01 AM , Rating: 5
quote:
they’re at least trying to be "green",
This is the company that wants to build a new headquarters on the SF peninsula and send bio-diesel buses to pick up employees?

Since I live in the area, Apple could have put a new headquarters out in the California Central Valley where most of it's employees live and that would have saved huge amounts of gas and employee time, making it much more "green". Unfortunately that is not a flashy address near where the company officers live so there you go. As always it is image over reality.


RE: I'l say it again...
By dcollins on 8/16/11, Rating: -1
RE: I'l say it again...
By tng on 8/16/2011 12:53:23 PM , Rating: 4
Yeah about 2 hours in normal traffic. I have several neighbors that work at Apple and they don't get paid nearly enough to live within 50 miles of Cupertino.

Just saying that if Apple wanted to be "Green" they could locate out of whats left of the Silicon Valley and save allot of their employees gas and time.


RE: I'l say it again...
By name99 on 8/16/11, Rating: -1
RE: I'l say it again...
By TEAMSWITCHER on 8/16/11, Rating: -1
RE: I'l say it again...
By Aloonatic on 8/16/2011 10:42:53 AM , Rating: 5
Really? I suppose every car manufacturer is just ripping off [insert whoever you believe to have invented the the first car] when they make their own. You know, with seats and 4 wheels, one in each corner, etc etc.

Apple rarely make the fist of anything, but they have recently become good at making the first popular version of something, but the 2 things are very different.


RE: I'l say it again...
By name99 on 8/16/11, Rating: -1
RE: I'l say it again...
By Aloonatic on 8/16/2011 2:30:23 PM , Rating: 5
Raising your kids right, eating 5 fruit and/or veg a day, looking both ways before you cross the road.... are all important, but none of those things have anything to do with stopping people from making products that are similar to those that Apple make, just like the fact that Apple might have made them popular doesn't.

Apple have reaped their reward for making tablets popular, they have made a lot of money out of it and dominate the market.

Stopping other people from making anything similar just stifles competition which, ultimately, harms the consumer. Of course, people shouldn't be able to exactly copy the iPad. Few people want them to, as (believe it or not) the iPad is not the ultimate tablet design that can never be bettered.

Or should (just because Apple made the tablet popular with the iPad) Apple be able to completely control the market? That's just insane.

It's like someone saying that MS made the home and business PC operating system popular, so they should be the only people who can ever make an OS. Therefore, Apple should be excluded from making or selling their own version.


RE: I'l say it again...
By damianrobertjones on 8/16/2011 11:07:01 AM , Rating: 3
Have a quick look at an Early HP TC1100 and then come back to us all


RE: I'l say it again...
By HrilL on 8/16/2011 11:35:46 AM , Rating: 3
RE: I'l say it again...
By Helbore on 8/16/2011 12:36:37 PM , Rating: 5
Holy hell, they pre-stole the iPads design. Steve Jobs should sue them for mind rape.


RE: I'l say it again...
By Bostlabs on 8/16/2011 1:37:42 PM , Rating: 2
LOL! Now that's funny!


RE: I'l say it again...
By inperfectdarkness on 8/17/2011 9:04:05 PM , Rating: 2
are you a wizard?


RE: I'l say it again...
By gorehound on 8/17/2011 8:48:06 AM , Rating: 3
me too.done with Apple.And as this perculates thru the net others will be to.
Here's hoping that they are counter sued for the BS they have pulled on the Galaxy.
This could not have been a harmless mistake on their part but planned out to strengthen their lame lawsuit.
What a bunch of scumbags !!!!


RE: I'l say it again...
By Hulkaroo on 8/21/2011 4:12:19 PM , Rating: 2
I have an Apple Iphone, not because i support Apple but because it is like a standard. Everywhere i go there is support of some sort for the device so i don't have to worry about "mobile support" ever. I think this is a practical device that helps me do my job. I personally hate Steve Jobs, he is an arrogant prick that needs to get some reality smacked into him, however i am forced to use his phone because Android is still young. One day i will move over when the time is right.


RE: I'l say it again...
By sigmatau on 8/22/2011 3:30:25 PM , Rating: 2
yup.


By BugblatterIII on 8/16/2011 9:34:36 AM , Rating: 4
Apple was just helping the judge to make the right decision...for Apple.

They'll probably say that the image was stretched by mistake. However if it can be proved that it was deliberate I hope they get caned for it.




By BZDTemp on 8/16/2011 9:45:12 AM , Rating: 2
From what I've read elsewhere Apple did more than mess with the aspect ration of that picture.

I've read allegations that the default screen seen has been manipulated to look like the iPad while it's in fact is rather different!

For instance setting the Samsing gizmo to show five columns of icons will supposedly not make it look like seen in the image from Apple. Maybe someone with more detailed knowledge than me will check the discussion at the Macobserver forum and report.


By BugblatterIII on 8/16/2011 10:12:08 AM , Rating: 2
Interesting that they've tried to make the far more flexible and usable Android interface look like the long-in-the-tooth iOS interface.

Also android tablets seem intended primarily for landscape use, whereas the iPad is mostly portrait. I know both can be rotated; I'm talking about what each seems aimed at. So even the orientation in which Apple showed the Galaxy is misleading.


By bupkus on 8/16/2011 10:08:31 AM , Rating: 5
What's wrong with "stretching the truth" a little?


By danjw1 on 8/16/2011 10:32:52 AM , Rating: 4
That is called perjury in the US legal system and is a crime. I would find it hard to believe that European legal systems would view it much differently.


By michael67 on 8/16/2011 11:12:37 AM , Rating: 4
Nope its the same in the EU, and even if its just by accident its still a big problem for Apple, as they are by law obligated in this type of motion that the presented information is 100% correct.


By Natch on 8/17/2011 9:18:25 AM , Rating: 2
Here's what needs to happen now:
1. Judge reverses decision against Samsung, and either throws out Apple's lawsuit in its entirety, or awards decision to Samsung.
2. Samsung sues Apple for frivolous lawsuit, as well as the damage done to their company by having to pay lawyers, loss of business, etc.
3. EU take Apple's lawyers to task for presenting fraudulent information that caused an incorrect decision to initially be rendered. If it's discovered that Apple corporation gave them that information the way it was presented, then "award" the company with a big fine for troubling the court in that manner.

Hopefully this will cause every judge, in every lawsuit brought by Apple, to take a much closer look at all the "evidence" offered by that company.


By MrTeal on 8/16/2011 10:14:19 AM , Rating: 2
quote:
They'll probably say that the image was stretched by mistake. However if it can be proved that it was deliberate I hope they get caned for it.


I would imagine Apple would have a hard time explaining an accidental usage scenario where pasting the two pictures together would happen to stretch the Tab to similar dimensions as the iPad, while simultaneously changing the bezel color to a darker, glossier black.


By Mitch101 on 8/16/2011 10:59:30 AM , Rating: 2
I agree

For what Purpose do any photos of the galaxy tab exist stretched out of its original dimensions if not to deceive the courts?


By kattanna on 8/16/2011 10:21:17 AM , Rating: 5
what worries me is that no where is it mentioned they looked at actual physical copies of said tablets, just pictures of them

really??


By Hieyeck on 8/18/2011 10:58:59 AM , Rating: 2
Hell no. While one could argue that's how it looks when the tab is rotated vert, look at the pic again - Apple shopped the Samsung branding off.

BRB, shortselling Apple.


You are Wrong!
By roidrx on 8/16/2011 9:51:01 AM , Rating: 5
Steve Jobs: you're holding the injunction the wrong way




One Picture
By ltcommanderdata on 8/16/2011 10:00:28 AM , Rating: 1
It should be noted that reportedly the filings included many photos of the iPad and Galaxy Tab including actual physical side by side comparison shots which show both devices as they are available to consumers. So the ruling was not based on just this wrong aspect ratio product shot.

Still Judges no doubt don't like to be deceived so this one picture could certainly taint Apple's case.




RE: One Picture
By Solandri on 8/16/2011 5:01:15 PM , Rating: 3
You can look at the actual filing for yourself:
http://www.scribd.com/doc/61993811/10-08-04-Apple-...

It looks like in addition to the doctored image, they pasted together lots of comparison photos from different angles intended to make the products look more similar than they actually are.

I think the photo of the iPad in the lower left of page 36 has also been manipulated. It measures 267 pixels tall by 207 across at the middle (avg of width at top and bottom - 198 and 217 - is also 207). That's a 1.29 aspect ratio.

The iPad's aspect ratio is 1.27, the iPad2's is 1.29. Since the iPad in the photo is shown at an angle (top is smaller than the bottom), its length should be foreshortened, and thus its aspect ratio should be smaller than the iPad's true aspect ratio. But the aspect ratio in the photo is 1.29, indicating the photo has been stretched to make it look more Galaxy Tab-like.


no, no
By The Imir of Groofunkistan on 8/16/2011 11:01:18 AM , Rating: 5
no, no, you're looking at it the wrong way. Here, use this. See the infringement now?




RE: no, no
By Taft12 on 8/16/11, Rating: -1
Samsung
By Strunf on 8/17/2011 8:02:23 AM , Rating: 2
I wonder why lawyers from Samsung didn't just buy a iPad and bring the real thing to court, it seems even them didn't really know what they were defending.




RE: Samsung
By SpaceJumper on 8/17/2011 9:43:13 AM , Rating: 2
Samsung is not the plaintiff. Apple will pay Samsung at the end of the battle anyway, so what is the rush.


That's Apple Innovation
By SpaceJumper on 8/16/2011 12:17:32 PM , Rating: 3
Apple innovation includes lies and deceptions.




By VoodooChicken on 8/16/2011 10:16:53 AM , Rating: 2
Physical tablets should be part of the evidence submitted, since both products actually exist. Apple could argue their performances are too similar, or Samsung could show how they are ultimately distinct.




perjury
By lagomorpha on 8/16/2011 12:21:06 PM , Rating: 2
Sounds like a clear case of perjury to me. I hope to see Apple in prison for a number of years :)

Just another example of Apple believing it has a right to gain from the supply of new ideas but give nothing back.




Update. Now EU ban only in Germany
By BZDTemp on 8/16/2011 3:46:01 PM , Rating: 2
I only have this in Danish so I shall post a link. I'm sure it will be out in International news as I type this.




By WldAntc on 8/16/2011 6:21:49 PM , Rating: 2
Now, much more than simple Jedi mind tricks that make Apple sheeple drool over themselves to buy overpriced and underwhelming shiny hardware bits... while ignoring any FACT that the price premium buys them more limitations...

A-RDF 2.0 ( Alternate-Reality Distortion Field ) has been improved to actually alter reality itself!
Not just distorting fact... but changing it entirely!




They should change the logo
By masamasa on 8/17/2011 5:20:06 PM , Rating: 2
...to a rotten apple since that's how they run there PR. Sue everyone for lame patents and push that consumer slavery model they are so fond of. Apple will eventually sink it's own ship because people like choice and that's exactly what they don't give you.




maybe i'm just blind
By lolmuly on 8/17/2011 10:12:21 PM , Rating: 2
it also looks like apple conveniently removed the word Samsung from the device's bezel.




Now Who Is Imitating Whom?
By NES on 8/16/2011 9:48:55 AM , Rating: 1
I would have expected something like this from Samsung (I worked for them for 3 years). Not that I like Apple, but it's funny how it seems like they are imitating the Samsung play book. Countersuit? :P




You people are ridiculous!
By unclejello on 8/19/2011 5:31:47 PM , Rating: 1
The most ridiculously hateful people seem to be the people that hate on the Apple fan club. Talk about the biggest group of immature a-holes.




Fact alert!
By Tony Swash on 8/16/11, Rating: -1
RE: Fact alert!
By Iaiken on 8/16/2011 10:39:15 AM , Rating: 5
That doesn't change the fact that Apple essentially lied in a court of law under motive to ban the competition from the market.

Anti-competitive much?

Put it this way, if you tell one lie among twenty truths, the truth doesn't change the fact that you lied.


RE: Fact alert!
By GPig on 8/16/2011 10:47:54 AM , Rating: 5
And pretty much all the images have been taken from an angle. Looks to me like they are trying to make the differences in size and aspect ratio less noticeable.


RE: Fact alert!
By ThatNewGuy on 8/16/2011 11:42:44 AM , Rating: 5
Get off your knees, man.

They still lied in a court of law. There's no way around it.


RE: Fact alert!
By Mathos on 8/16/2011 12:12:49 PM , Rating: 4
Since you want facts.... How bout the actual physical dimensions and specs of of both pads :D.

iPad 2:

Screen Size 9.7"
Resolution 1024 x 768
Dimensions 9.5" x 7.31" x 0.34"
Weight 1.34 lbs.

Galaxy Tab 10.1

Screen Size 10.1"
Resolution 1280 x 800
Dimensions 10.10" x 6.90" x 0.34"
Weight 1.25 lbs

So at over half an inch longer, and about half an inch more narrow with a larger screen, obviously these two products are identical(sarcasm).

Going by the fact that one image was photo shopped it wouldn't be much more of a stretch to photo shop an altered image into another picture of "side by side" comparison. It basically calls into doubt all their other photo's as they may be altered as well.

The only way to do a true side by side without that kind of worry is to physically have an ipad2 and galaxy tab 10.1 on a table right next to each other.


RE: Fact alert!
By adiposity on 8/17/2011 3:33:11 PM , Rating: 2
This whole thing is stupid. Honestly, who cares whether Apple stretched an image to make it the same aspect ratio?

I don't care, because even if the screen sizes were identical, and the aspect ratio and pixel counts were the same, I still don't see a problem with Samsung making an "iPad clone."

Nobody freaks out when all the TV manufacturers all make the same size displays. So why is this any different?

If they want to go after Sammy for the ripoff of the ipod dock connector, they might have (slightly) more of a point. But having the same size device is kind of immaterial, IMO.

The Samsung dimensions are technically different than the Ipad's, but not so different as to actually matter. So, focusing on the fact that Apple distorted the truth of that, is the wrong thing to get mad about.


RE: Fact alert!
By Helbore on 8/16/2011 12:39:05 PM , Rating: 5
You just sank to new levels in how vigorously you suck Steve Jobs' cock. Seriously, they falsified evidence in court. How can you try and defend that?


RE: Fact alert!
By MechanicalTechie on 8/16/2011 9:46:54 PM , Rating: 3
Couldnt agree more.. but what can you do about apple fan boys... they are so pathetic that they'll defend Apple no matter what proof is submitted. The very sad thing is these people are also allowed to vote :( Now consider that scary fact!!


RE: Fact alert!
By shane.carroll on 8/16/2011 12:47:14 PM , Rating: 3
Tony, I've told you before and I'll tell you again... There's a reason why you are the king of down rated comments. Compare facts side by side, don't just blindly follow Jobs. Apple fans like you wear a blind fold when it comes to issues like this, you guys can never admit that Apple is wrong. Apple is a lying, deceitful, thieving company and you'll realize it one day (maybe). It doesn't matter if this dispute is over a single image or over a thousand images, the point is that Apple intentionally distorted the facts to eliminate competition through lawyers... again.


RE: Fact alert!
By geddarkstorm on 8/16/2011 1:15:16 PM , Rating: 2
I looked through that whole document, and all the other pictures are so grainy as to be next to useless. Only the very last picture of the two products still in their boxes, but at a poor angle and perspective for judging physical characteristics like all the other pictures (and still ungodly grainy), has any utility for comparison. And there, you can see the galaxy tab has significantly different dimensions and look (it's more elongated).

Considering that the iPad has such a supposedly good camera, I am left to wonder why the pictures are as bad as a budget webcam's (the only high quality one is the doctored graphic that's this article's subject).


RE: Fact alert!
By Belegost on 8/16/2011 2:01:37 PM , Rating: 2
I have looked through that, there are NO pictures of the two devices side-by-side.

There are two separate pictures of the devices and the pictures are put next to each other. But that's a completely different situation. I could take pictures at different angles, distances, and lighting conditions for the express purpose of making things look similar.

This has been done in those documents, notably, on page 26 (and several others) pictures of the two devices are shown next to each other, however it's fairly obvious that the images were taken at somewhat different angles, shooting the iPad from a shallower angle to make it look less wide comparatively. Similarly on page 27.

There is no reason the two devices could not have been photographed side-by-side so that issues of perspective would have been eliminated.

Well, no reason other than the fact that the two devices look a lot less similar in that situation, so it's better to deceive.


RE: Fact alert!
By VultureTX on 8/16/2011 11:00:14 PM , Rating: 2
Let me guess you also donated your pancreas to Steve Jobs.... after being informed it was not a match.


RE: Fact alert!
By unclejello on 8/19/2011 5:49:43 PM , Rating: 1
Why are all you apple fan haters so hateful and pompous, it's like you are insulted because people like to have products that are better than other products. Let me guess...You were dumped by a girl for somebody who was better looking, stronger and faster than you?


"DailyTech is the best kept secret on the Internet." -- Larry Barber














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki