26 October 2012

The Apple of Temptation

Image: apple bite by owaief89 on Flickr
apple bite

The popular Christian tradition holds that the serpent tempted Adam and Eve to eat an apple from the forbidden tree in the Garden of Eden and as a result the first human beings got expelled from there.

According to Wikipedia,

temptation is

the desire to perform an action that one may enjoy immediately or in the short term but will probably later regret for various reasons: legal, social, psychological (including feeling guilt), health-related, economic, etc.

Having read today’s Forbes’ article What Apple Gets Wrong In Its Samsung Apology, I could think of nothing, but temptation.

The thing is that Apple had claimed that the design of Samsung’s Galaxy Tab infringed upon Apple’s design in the iPad.

For that, the Cupertino company went before the English High Court, but suffered a defeat. It then made another attempt – this time before the Court of Appeal – however, only to reap another judicial loss.

Owing to these unfortunate circumstances,

Apple were ordered to post a statement

on their website to inform the public that Samsung’s design had in fact not infringed upon the design incorporated in the iPad.

The text they had to use read as follows:

“On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link [link given].
That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on ….. A copy of the Court of Appeal’s judgment is available on the following link […]. There is no injunction in respect of the registered design in force anywhere in Europe.”

Instead, their version is reading as follows:
(click-in to enlarge)

While this is, strictly speaking, not exactly what their Lordships did prescribe, it is likewise not untrue.

The problem with this statement, however, is

that its authors have drafted it in a manner that tempts the readers to side with Apple, rather than to provide them with the information on the lawsuit’s outcome.

This is duplicity, which Apple (like the biblical serpent) might at a later stage bitterly regret.

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