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.

Photo: Getty
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Empty highs: why throwaway plastic goes hand in hand with bankrupt consumerism

We are in the throes of a terrible addiction to stuff.

A University of California study revealed this week that mankind has produced more than nine billion tonnes of plastic since the 1950s, with almost all of it ending up in landfill or the ocean. With the terrible effects of our decades-long addiction to throwaway packaging becoming increasingly apparent, it’s clear that a fresh approach is needed.

In April 2010, David Cameron set out his vision for Britain in the Conservative Party’s manifesto. Keen to show that the Tories had turned away from the "I’m Alright Jack" individualism of the 1980s, Cameron sought to fashion a softer, more inclusive brand.

The good society, Cameron argued, embraced much higher levels of personal, professional, civic and corporate responsibility. There was such a thing as society, and we’d all do well to talk to our neighbours a bit more. The Big Society, however, was roundly derided as a smokescreen for an aggressive tightening of the Government purse strings. And on the advice of his 2015 election fixer Lynton Crosby, Cameron later dropped it in favour of well-worn lines about economic security and jobs.   

While most would argue that the Big Society failed to amount to much, Cameron was at least right about one thing. We are happiest when we are part of something bigger than ourselves. No matter how much the credit card companies try to convince us otherwise, mindless individualism won’t make us nearly as contented as we’re led to believe by big conglomerates.

By any measure, we are in the throes of a terrible addiction to stuff. As a nation, we have run up unsecured debts of more than £350bn, which works out at £13,000 per household. Fuelled by a toxic mix of readily available credit and interest rates at historic lows, we cripple ourselves financially to feel the empty high derived from acquiring yet more stuff.

Purchasing has become a leisure pursuit, ensuring the rate at which we acquire new stuff exceeds the rate at which we can find somewhere to put it. Burdened with ever increasing amounts of stuff, consumers are forced to outsource their storage. The UK didn’t have a self-storage industry 30 years ago, but now it is the largest in Europe.

With the personal debt mountain soaring, we’d all do well to realise that we will never have enough of something we don’t need.

The growth of rampant consumerism has coincided with an explosion in demand for single-use plastic. Like the superfluous possessions we acquire, throwaway plastic packaging helps satisfy our desire to get exactly what we want without having any thought for the long-term consequences. Plastic packaging is easy and convenient, but ultimately, will do us immense harm.

In 1950, close to 1.5 million tonnes of plastic was produced globally. Today, the figure stands at more than 320 million tonnes. The vast majority of our plastic waste either ends up in landfill or the ocean, and our failure to kick the plastic habit has put is in the ludicrous position where there is set to be more plastic than fish in global seas by 2050.

There is also growing evidence that our penchant for endless throwaway plastic might be storing up serious health problems for our children later down the line. According to a University of Ghent study published earlier this year, British seafood eaters risk ingesting up to 11,000 pieces of plastic each year. The report followed UN warnings last year that cancer-causing chemicals from plastic are becoming increasingly present in the food chain.

Something must give. Unsustainable as our reliance on fast credit to finance ever more stuff, our addiction to plastic packaging is storing up serious problems for future generations. The instant gratification society, high on the dopamine rush that fades so quickly after acquiring yet another material asset, is doomed unless decisive action is forthcoming.

So what is to be done? The 2016 US documentary Minimalism points to a smarter way forward. Minimalism follows the lives of ordinary people who have shunned the rat race in favour of a simpler life with less stuff and less stress. The most poignant bit of the film features ex-broker AJ Leon recounting how he chose to forgo the glamour and riches of Wall Street for a simpler life. After a meteoric rise to the top of his profession, Leon decided to jack it all in for a more fulfilling existence.

While challenging the view that to be a citizen is to be a consumer is easier said than done, there are small changes that we can enact today that will make a huge difference. We simply have no choice but to dramatically reduce the amount of plastic that we can consume. If we don’t, we may soon have to contend with the ocean being home to more plastic than fish.

Like plastic, our bloated consumer culture is a disaster waiting to happen. There must be a better way.

Sian Sutherland is co-founder of campaign group A Plastic Planet which is campaigning for a plastic free-aisle in supermarkets.

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