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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What Labour MPs who want to elect the shadow cabinet are forgetting

The idea is to push Jeremy Corbyn to build an ideologically broad team, but it distracts from the real hurdle – management.

Labour MPs who have been critical of Jeremy Corbyn are pushing to vote for shadow cabinet members – rather than having all the posts appointed by the leader.

Most of the parliamentary Labour party who are not Corbyn loyalists believe this should be the “olive branch” he offers them, in order to put his recent words about “unity” and “wiping the slate clean” into action.

Corbyn and his allies have refused to consider such an idea outside of a “wider” democratisation of the party – saying that Labour members should also get a say in who’s on the frontbench. It’s also thought Corbyn is reluctant due to the shadow cabinet having three representatives on the National Executive Committee. He wouldn’t want his opponents voting for those, tipping the balance of the Committee back towards centrists.

Shadow cabinet elections were a longstanding convention for Labour in opposition until Ed Miliband urged the party to vote against them in 2011. Labour MPs on different wings of the party believe a return to the system would avoid Labour’s frontbench being populated solely by Corbyn’s ideological wing.

But there is a complication here (aside from the idea of a party leader having to run an effective opposition with their opponents in key shadow cabinet positions).

Proponents of shadow cabinet elections say they would help to make Labour a broad church. But really they could put those in the “make-it-work” camp who initially helped form Corbyn’s team in a difficult position. Initially conciliatory MPs like Thangam Debonnaire and Heidi Alexander have since left their posts, revealing frustration more at Corbyn’s management style than policy direction. Chi Onwurah MP, who remains a shadow minister, has also expressed such concerns.

One senior Labour MP points out that the problem with shadow cabinet elections lies in those who left Corbyn’s shadow cabinet but had wanted to cooperate – not in bringing ideological opponents into the fold.

“There were lots of people on his team who actually liked Jeremy, and wanted to make policy with him,” they tell me. “And many of them eventually felt they had to leave because of how difficult it was to work with him. They wanted to stay but couldn’t. If people like that couldn’t stay, will they go back? It will be much harder for him to show them he can work differently.”

One of the “make-it-work” faction voices their concern about returning to the shadow cabinet via elections for this reason. “A lot of us [who left] are still really interested in our policy areas and would be happy to help if they asked,” they say. “But it was too difficult to be taken seriously when you were actually in those shadow cabinet meetings.”

My source describes a non-collegiate approach in meetings around the shadow cabinet table, where Corbyn would read out pre-written opening statements and responses when they delivered their ideas. “It was like he wasn’t really listening.”

The plan to reintroduce shadow cabinet elections barely left the ground in a meeting of Labour’s National Executive Committee on Saturday night, on the eve of Labour conference.

This is in spite of Labour MPs urging the NEC to make a decision on the matter soon. Jon Ashworth, an NEC member and shadow minister, told me shortly after Corbyn’s victory speech that this would be “a good way of bringing people back” in to the team, and was determined to “get some resolution on the issue” soon.

It doesn’t look like we’ll get that yet. But for some who have already tried serving on the frontbench, it’s a distraction from what is for them a management – rather than an ideological – problem.

Anoosh Chakelian is deputy web editor at the New Statesman.