Apple reprimanded over Samsung non-apology

"Inaccurate and misleading".

When Samsung won its UK court case against Apple earlier this year, the judge ruled that Apple had to take out advertisements in several major UK newspapers, as well as post a notice on its site, stating that the court had found that Samsung did not copy Apple's phone designs.

The order was stated in exhaustative detail, even specifying the typeface and font sizes which had to be used – Arial 12 and 14 – but the judge failed to mention one important rule: don't take the piss.

The notice Apple eventually posted was a master of the non-apology form:

Samsung / Apple UK judgment On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computer, 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 www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.

In the ruling, the judge made several important points comparing the designs of the Apple and Samsung products:

"The extreme simplicity of the Apple design is striking. Overall it has undecorated flat surfaces with a plate of glass on the front all the way out to a very thin rim and a blank back. There is a crisp edge around the rim and a combination of curves, both at the corners and the sides. The design looks like an object the informed user would want to pick up and hold. It is an understated, smooth and simple product. It is a cool design."

"The informed user's overall impression of each of the Samsung Galaxy Tablets is the following. From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back. They do not have the same understated and extreme simplicity which is possessed by the Apple design. They are not as cool."

That Judgment has effect throughout the European Union and was upheld by the Court of Appeal on 18 October 2012. A copy of the Court of Appeal’s judgment is available on the following link www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the registered design in force anywhere in Europe.

However, in a case tried in Germany regarding the same patent, the court found that Samsung engaged in unfair competition by copying the iPad design. A U.S. jury also found Samsung guilty of infringing on Apple's design and utility patents, awarding over one billion U.S. dollars in damages to Apple Inc. So while the U.K. court did not find Samsung guilty of infringement, other courts have recognized that in the course of creating its Galaxy tablet, Samsung willfully copied Apple's far more popular iPad.

Predictably, Samsung complained, and Apple has now been given two days to post a new notice. The BBC reports:

Samsung complained that the notice posted by Apple was "inaccurate and misleading" because it added comments about other rulings in Germany and the US that had gone in the iPad-maker's favour.

"This has received enormous publicity and has perpetuated confusion as to Samsung's entitlement to market the Galaxy tablet computers in issue," a Samsung lawyer said in a written statement to judges.

"It has created the impression that the UK court is out of step with other courts."

It will be interesting to see the new statement that Apple posts. Can they maintain the tone even as the judge intervenes?

Update

Apparently they can't. Today's Guardian contains Apple's updated statement, which has all the legal language and none of the snark. But it is at least in the mandated Arial 14:

A sad mac. Photograph: Etsy/pixelparty

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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"There's nowhere to turn": What it's like to be gay and homeless

Many LGBTQ homeless people cannot ask their families for help. 

Ascania is a 41 mother with a 24 year-old son, who came to the UK from Jamaica in 2002. “I was raped at gunpoint in the area I lived in Jamaica," she says. "They’d found out in the community that I’m a lesbian. They hit the back of my head with a gun- sometimes it is still painful. I had to move from that area, then I went to another part of the island. I lived there for 18 months. People in these communities start to watch you – to see if there are men coming to see you. They begin to be suspicious. Luckily I had a chance to come to the UK before something else happened."

A friend, who was also gay, paid for a ticket for her to reach the UK. She started a relationship, and moved in with her girlfriend, but the girlfriend turned abusive. "It was a nightmare," she remembers. "It ended then I started to sofa surf. Sometimes I would go into pubs meet different girls, go back with them, and sleep over just so I had somewhere to spend the night."

Eventually, Ascania received help from St Mungo's, a homelessness charity, after the LGBT charity Stonewall put her in touch. The charity helped her get food from a food bank, and find somewhere to stay. 

While all homeless people can struggle with physical and mental challenges, lesbian, gay, bisexual, and transgender people face extra stigma, discrimination, and rejection by their families.

“That’s why I think LGBTQ projects are important," says Ascania. "From being on the gay scene, I meet all these people and they don’t know about the support available. They’re out there having a really rough time. They don’t know where to turn."

She feels that in shared accommodation, people like herself can be judged for their friends. 

Homeless charities point out that transgender people are particularly at physical risk due to a lack of acceptance and are sometimes turned away from shelters.

Melissa is a trans women in her early 40s. She is now living in transgender accommodation in London provided by the charity St Mungo’s and says she is successfully engaged with drug and alcohol services and rebuilding relationships with her family.

Before beginning her transition she was married with two teenage children and had been in trouble with the police. 

She says the stress of denying her true self led to self-destructive behaviour.

She said: “I was sleeping rough, in graveyards and stairwells. In 2012 I went to prison for nine months. My probation officer put me in touch with St Mungo’s and now I have a really nice place and I hope to become a project worker with the charity. I can see a path forward.”

According to Homeless Link, a national membership charity for organisations working with people who become homeless in England, the causes of homelessness include poor and unsuitable housing, insecurity in the private rented sector, transitioning/leaving accommodation or institutions such as prison, and loss of employment. These circumstances are often coupled with mental health issues, experience of trauma, relationship breakdown, and fleeing domestic violence or abuse.

Awareness of the specific needs of LGBT homeless people is starting to enter mainstream politics. Last month, LGBT Labour passed a motion at its AGM to affiliate to the Labour Campaign to End Homelessness (LCEH). The two organisations will hold a joint event at Labour's annual conference in the autumn.

Sam Stopp, a Labour councillor in Wembley, is chair of LCEH. He said party activists launched the campaign two years ago, because they wanted to do more than talk about the problem. He said: “LGBT homelessness has some specific aspects. If your parents do not support you and you are thrown out of your home that may require a different approach to help people rebuild their lives. There’s not just an economic reason but your sexuality has closed them off.”

Stopp hopes that by aligning Labour activists with homelessness charities, his organisation will be able to provide practical support to people who need it. 

Chris Wills from LGBT Labour’s National Committee, and chair of LGBT Labour North West, said: “The homelessness crisis is worsening. I live in Manchester, where every day I see more and more people sleeping rough – and that’s just the ones we know about, let alone the “hidden homeless”, who are reliant on hostels or going from one friend’s couch to another’s floor night after night.

“This year marks fifty years since the decriminalisation of homosexuality in England and Wales, and huge advances were made for LGBT equality under Labour between 1997 and 2010. Society as a whole has become more tolerant. Yet even now, coming out as LGBT to your family can still often result in you being kicked out onto the streets, or forced to flee the family home due to verbal and physical abuse.”