Samsung v Apple gets contempt of court-y

The Korean tech giant released prohibited evidence to the press, angering the presiding judge

Apple versus Samsung got off to a turbulent start yesterday, with the presiding judge, Lucy Koh, berating the Korean tech giant for what looks very much like attempted contempt of court.

Apple's lawsuit, which is over allegations that Samsung deliberately copied Apple's patented designs for the iPhone for its own smartphone products, is matched by a countersuit from Samsung, alledging that Apple is in breach of its own patents relating to mobile phone technology. Apple is attempting to portraty its opponent as an admitted copycat which only resorted to patent suits when it couldn't defend its designs on their own merits, while Samsung is trying to argue that Apple is the real copycat.

Some of the evidence presented yesterday is more compelling than others. Apple pointed to internal Samsung documents describing the iPhone as "easy to copy", while Samsung argues that much of what Apple claims is "magical" design was in fact industry standard long before the iPhone.

However, Samsung was angered by the judge's decision not to let them submit some evidence to the jury which they deemed crucial. Two arguments, that Apple itself may have ripped off Sony, and that Samsung had an iPhone lookalike in development before the phone's release, were prevented from being presented in court due to late submissions.

Both these arguments have been in the public domain for several days now, and the Sony claim isn't as strong as Samsung may hope. The company pointed out that Apple itself sent round an internal brief to design a "Sony-like" phone, which would eventually become the iPhone. The problem Samsung has it that this is the Sony phone (pic) they alledge Apple ripped off, and it is a far cry from the outcome of that prototyping session, the "Jony" phone (pic), named after Apple designer Jony Ive. Meanwhile, the difference between Samsung's Vibrant (pic) and an iPhone is less obvious.

But the latter defence is one that the company may regret not getting in. The Verge has a picture of the slide Samsung were hoping to show the jury, which shows five different internal prototypes of touchscreen, one-button phones in development before the iPhone's announcement in January 2007.

Unfortunately, while the decision by the judge not to allow that to be shown in court may have damaged Samsung's chances, the company itself may have done far worse. Immediately following Judge Koh's final rejection, Samsung "emailed its rejected slides regarding F700 development and the 'Sony-style' prototype to the press with a statement saying 'The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design,'" according to the Verge's Nilay Patel.

Worse still, the statement argues that "fundamental fairness requires that the jury decide the case based on all the evidence". One person's plaintive cry of unfairness sounds a lot like another's nudge-and-wink suggestion that the jury ought to see evidence banned from court anyway. Judge Koh was "livid" when she found out, and demanded to know who authorised the release. This is a move that could come back to haunt Samsung.

Spot the difference... A Samsung and an Apple phone.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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The vitriol aimed at Hillary Clinton shows the fragility of women's half-won freedom

The more I understand about the way the world treats women, the more I feel the terror of it coming for me.

I’m worried about my age. I’m 36. There’s a line between my eyebrows that’s been making itself known for about the last six years. Every time I see a picture of myself, I automatically seek out the crease. One nick of Botox could probably get rid of it. Has my skin lost its smoothness and glow?

My bathroom shelf has gone from “busy” to “cluttered” lately with things designed to plump, purify and resurface. It’s all very pleasant, but there’s something desperate I know at the bottom of it: I don’t want to look my age.

You might think that being a feminist would help when it comes to doing battle with the beauty myth, but I don’t know if it has. The more I understand about the way the world treats women – and especially older women – the more I feel the terror of it coming for me. Look at the reaction to Hillary Clinton’s book. Too soon. Can’t she go quietly. Why won’t she own her mistakes.

Well Bernie Sanders put a book out the week after the presidential election – an election Clinton has said Sanders did not fully back her in –  and no one said “too soon” about that. (Side note: when it comes to not owning mistakes, Sanders’s Our Revolution deserves a category all to itself, being as how the entire thing was written under the erroneous impression that Clinton, not Trump, would be president.) Al Gore parlayed his loss into a ceaseless tour of activism with An Inconvenient Truth, and everyone seems fine with that. John McCain – Christ, everyone loves John McCain now.

But Hillary? Something about Hillary just makes people want to tell her to STFU. As Mrs Merton might have asked: “What is it that repulses you so much about the first female candidate for US president?” Too emotional, too robotic, too radical, too conservative, too feminist, too patriarchal – Hillary has been called all these things, and all it really means is she’s too female.

How many women can dance on the head of pin? None, that’s the point: give them a millimetre of space to stand in and shake your head sadly as one by one they fall off. Oh dear. Not this woman. Maybe the next one.

It’s in that last bit that that confidence racket being worked on women really tells: maybe the next one. And maybe the next one could be you! If you do everything right, condemn all the mistakes of the women before you (and condemn the women themselves too), then maybe you’ll be the one standing tippy-toe on the miniscule territory that women are permitted. I’m angry with the men who engage in Clinton-bashing. With the women, it’s something else. Sadness. Pity, maybe. You think they’ll let it be you. You think you’ve found the Right Kind of Feminism. But you haven’t and you never will, because it doesn’t exist.

Still, who wouldn’t want to be the Right Kind of Feminist when there are so many ready lessons on what happens to the Wrong Kind of Feminist. The wrong kind of feminist, now, is the kind of feminist who thinks men have no right to lease women by the fuck (the “sex worker exclusionary radical feminist”, or SWERF) or the kind of feminist who thinks gender is a repressive social construct (rechristened the “trans exclusionary radical feminist”, or TERF).

Hillary Clinton, who has said that prostitution is “demeaning to women” – because it absolutely is demeaning to treat sexual access to women as a tradeable commodity – got attacked from the left as a SWERF. Her pre-election promises suggest that she would probably have continued the Obama administration’s sloppy reinterpretation of sex discrimination protections as gender identity protections, so not a TERF. Even so, one of the charges against her from those who considered her not radical enough was that she was a “rich, white, cis lady.” Linger over that. Savour its absurdity. Because what it means is: I won’t be excited about a woman presidential candidate who was born female.

This year was the 50th anniversary of the partial decriminalisation of homosexuality, and of the Abortion Act. One of these was met with seasons of celebratory programming; one, barely mentioned at all. (I took part in a radio documentary about “men’s emotional experiences of abortion”, where I made the apparently radical point that abortion is actually something that principally affects women.) No surprise that the landmark benefiting women was the one that got ignored. Because women don’t get to have history.

That urge to shuffle women off the stage – troublesome women, complicated women, brilliant women – means that female achievements are wiped of all significance as soon as they’re made. The second wave was “problematic”, so better not to expose yourself to Dworkin, Raymond, Lorde, Millett, the Combahee River Collective, Firestone or de Beauvoir (except for that one line that everyone misquotes as if it means that sex is of no significance). Call them SWERFs and TERFs and leave the books unread. Hillary Clinton “wasn’t perfect”, so don’t listen to anything she has to say based on her vast and unique experience of government and politics: just deride, deride, deride.

Maybe, if you’re a woman, you’ll be able to deride her hard enough to show you deserve what she didn’t. But you’ll still have feminine obsolescence yawning in your future. Even if you can’t admit it – because, as Katrine Marçal has pointed out in Who Cooked Adam Smith’s Dinner?, our entire economy is predicated on discounting women’s work – you’ll need the politics of women who analysed and understood their situation as women. You’ll still be a woman, like the women who came before us, to whom we owe the impossible debt of our half-won freedom.

In the summer of 2016, a radio interviewer asked me whether women should be grateful to Clinton. At the time, I said no: we should be respectful, but what I wanted was a future where women could take their place in the world for granted. What nonsense. We should be laying down armfuls of flowers for our foremothers every day.

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.