U.S. Judge says no to Apple's request for injunction on Samsung GALAXY Tab 10.1
Last month, the Court of Appeals ruled that Apple could ask for an injunction against the Samsung GALAXY Tab 10.1, but not against any of Samsung's smartphones. Four days after this ruling, Apple refiled its motion for the injunction against the tablet and it is this motion that Judge Koh refused, saying that the Appeals Court has not issued a "formal mandate" of its findings. The Judge said that the Appeals Court could decide to "rehear the matter, alter or amend the opinion or otherwise change the scope of issues that must be addressed on remand," saying that any injunction she issues now could cause "confusion".
before the Appeals Court made a "formal mandate" in order to get dangerously mislabeled drugs off the market. Once the "formal mandate" is issued, it seems likely that Apple will get its injunction. Still, it might prove to be a hollow victory for Apple since Samsung has already replaced the Samsung GALAXY Tab 10.1 with the Samsung GALAXY Tab 2 (10.1).
Both Samsung and Apple are battling in court over patent infringements in 10 different countries. Last month, the CEOs of both firms got together for two days in an attempt to come to some sort of settlement. The talks proved to be unsuccessful.
1. anywherehome (Posts: 971; Member since: 13 Dec 2011)
Thank you, smart judge!..... we all know that Apple is ill and rotten company:
- Apple ebook price-fixing lawsuit
- Steve Jobs is no one you can trust - FBI proved lies, drugs, ...
- $1.2 million fine in Italy.
- Apple want to destroy competitor with ridiculous patents, want to rule himself without any competition.
- To make Apple behave right you have to sue him. (Antenna-Gate Lawsuit)
- and many many more rotten things, ...
3. remtothemax (Posts: 239; Member since: 02 May 2012)
I don't know about anything else for certain
but apple was not was not was not engaged in an e-book price-fixing scheme
they went with their by now well establish 30% agency model and took it to the big six publishers and said take it or leave it
with amazon doing everything it could to create a monopoly on the e-book market, they had no choice
apple did nothing but offer their services
amazon is the one that is making the whole market so negative for everyone
if the publishers weren't desperate, they never would have accepted apple's terms in the first place
just do a little research
the doj and amazon are the bad guys in that one
5. anywherehome (Posts: 971; Member since: 13 Dec 2011)
Do you really trust Apple? I have no reason to trust them....even if it is true what's you're saying.
114. remtothemax (Posts: 239; Member since: 02 May 2012)
at what point did i suggest anyone trust apple?
i am just trying to clarify facts for a currently running issue that is currently being decided which could greatly impact how books work in our society
i just pointed out that apple is not engaged in price fixing
13. theBankRobber (Posts: 649; Member since: 22 Sep 2011)
Lets not talk about a certain company trying to become a monopoly because Apple tries to sue everyone who makes a smartphone or tablet.
17. remtothemax (Posts: 239; Member since: 02 May 2012)
I am just saying, in this instance, Amazon is the big bad guy, not apple
in all other respects they may be a monopolistic monster
but such is the internet
20. tedkord (Posts: 5106; Member since: 17 Jun 2009)
The DOJ disagrees. Look, Apple and the book companies, set up a system where they could control the prices retailers charged. Specifically, Apple got agreements that no one would be able to sell at a lower price than them. That's price fixing.
Generally, a monopoly means higher prices/less choice for the consumer. Prior to Apple's collusion, prices were lower, and went up when Apple and the publishers got together.
What business should it be of the publishers what price Amazon wants to sell their products for? Once Amazon buys it of them, they can sell it for any price they like - the publisher still made their money.That's called a free market, and I don't know why people having choices scares Apple so badly.
I'll take Amazon over Apple any day. Hell, I'll take Amazon over nearly ANY company any day. I've been dealing with them for years, and they're top notch. Great prices, great service. I've never gotten the wrong order, never gotten one late, and had zero problems with replacements for defective merchandise.
I ordered a text book for my daughter's summer college course last Friday with my Prime membership. It was estimated to arrive Tuesday. It came in Saturday, 1 day after ordering. You can't beat that,
47. remixfa (Posts: 14056; Member since: 19 Dec 2008)
there are all sorts of awesome deals on amazon. i use it all the darn time. Them andwww.newegg.com for computer stuff.
113. remtothemax (Posts: 239; Member since: 02 May 2012)
No you see, Amazon is using predatory pricing with their e-books. They sell them at a loss. They are using their other business to be able to sell e-books lower than any other distributor. What was happening was everyone else was going out of business because no one was as big as Amazon.
Now Amazon being the only seller of e-books isn't necessarily bad, except they have a huge track record of bullying publishers, especially small indie publishers and authors.
This was causing major problems in the publishing...
Look this is going to take too long to explain properly.
All I have to say is you do not know of what you speak.
Amazon is the real bad guy. They are the ones using malicious and predatory strategies to literally run other people out of business.
Go to mhpbooks.com to read their summaries of the issue. They are an indie book publisher who have been reporting on the whole saga with Amazon. They are no Apple lovers, but believe me, Amazon really is doing some unethical things here.
If the DOJ wins the case, things are going to get pretty bad.
The losers won't be the big six or Apple, I know that.
It is going to be all the small Indie publishers.
There was no price collusion. Actually if you read the articles about the issue, the CEO of...I think it was Harper Collins said that the decision to go with Apple was one of the hardest and the loneliest decision he ever made as a CEO. He didn't want to go with Apple, he had no choice.
Damn it, do your research guys! But whatever. I am a troll, I guess because I care about truth and won't just go with the easy answers and the flow. Bah!
95. InspectorGadget80 (Posts: 6675; Member since: 26 Mar 2011)
THE ONLY BAD GUY I SEE HERE IS U and APPLE. Plus Amazon is a good guy. NOT EVERY ONE doesn't want to SPEND 500$ on a tablet. AMAZON KINDLE FIRE is another choice. you can do apps music videos don't need a camera on a tablet. AMAZON KINDLE FIRE is like one of the top tablet on their web site. you need to get you're facts straight FANBOY/TROLL. Apple is trying to BAN every manufacturer around the country and globe
112. remtothemax (Posts: 239; Member since: 02 May 2012)
I am a fanboy because I have interest in the fate of books and the print industry? Did you not read the first line I wrote in my initial comment?
33. anywherehome (Posts: 971; Member since: 13 Dec 2011)
and here you can all see that Apple is a liar and thief
Apple stole "rectangle" first! Ugly thief! :-D
115. Mxyzptlk (Posts: 4013; Member since: 21 Apr 2012)
Judge isn't smart. This is just another example of a broken legal system in the US where OEMs can copy off Apple and get away with it.
14. -box- (Posts: 3858; Member since: 04 Jan 2012)
Justice is blind (or supposed to be) everywhere. That's why she wears a blindfold while holding the scales.
21. tedkord (Posts: 5106; Member since: 17 Jun 2009)
But, it is just. Especially in this case.
107. Mxyzptlk (Posts: 4013; Member since: 21 Apr 2012)
Aww. I must've upset 20 people with my comment.
4. sid101 (Posts: 2; Member since: 01 Jun 2012)
They should set up a new court just for Apple ..... maybe name it "One Infinite Lawsuit" :)
8. som (Posts: 768; Member since: 10 Nov 2009)
Apple must drop all lawsuits it is a waste of money not innovations.
16. tedkord (Posts: 5106; Member since: 17 Jun 2009)
The position of number one smartphone OEM? The record for fastest selling device? What did Samsung steal.
25. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Ted you know Samsung copied Apple. Anyone with two eyes can see that.
35. tedkord (Posts: 5106; Member since: 17 Jun 2009)
Samsung copied Apple just as much as Apple copied Palm and WinMo. In other words, Samsung stood on the shoulders of giants, just as Apple did with the original iPhone.
There's an hilarious story over at BGR, where Gellar ejaculates while guessing what to expect in iOS 6. At the end, he asks people what they'd like to see included, and the comments section is filled with people hoping for features Android has had for years.
So, I gues the Apple faithful are hoping for some more "innovation" like the type that brought them the notification tray.
(And, those with eyes not gummed up with Steve Jobs' semen see a little more clearly.)
38. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)
Palm and winmo had to be redesigned from scratch because they couldn't compete with iOS. Try to take off the fandroid glasses.
iOS is about trade offs. They'll leave features out because what it does, it does really really well. The original iPhone didn't do mms for example, but it didn't matter because the UI was so revolutionary.
That's what the Apple bashers dont get. Apple leaves stuff out on purpose until it works up to their standards. Android throws it in right away even if it doesn't work that well.
It's two different strategies and the consumer has a choice of which they prefer.
41. tedkord (Posts: 5106; Member since: 17 Jun 2009)
Yes, they do have a choice. And the majority are choosing Android. And rather than trying to compete to win share (because their walked garden philosophy prevents being able to compete), Apple attempts to stifle the competition through bogus lawsuits.
I have no problem with the iPhone, I think its a great piece of tech. I want everyone who wants one to have one. But, I don't want Apple to try and limit my choices, by suing and banning other devices because they're rectangkes with grids of icons.
I don't deny the iPhone put it all together better than Palm and WinMo. But, they didn't invent any of it. They copied it, in a slicker package. Now, they want to hold Samsung to a different standard. It's okay for us to take elements from other devices, but no one can take them from us. I had hoped that the ego and narcissism had died with Steve Jobs, but so far it hasn't.
46. gallitoking (Posts: 4690; Member since: 17 May 2011)
and why do people choose Android. most of them don't know what open source is.. or even the terms rooted or custom roms.. I know why people get Android but I want to hear your answer.... don't answer as a geek .. answer a an average Joe..
49. remixfa (Posts: 14056; Member since: 19 Dec 2008)
because it comes in a wide array of shapes, sizes, and power options. Its an OS that is only limited by what you can dream up for it to do, and that makes a lot of people happy. 7 custom home screens? sure! Quad core? OK. Big, small, wide or skinny? you got it? Military spec or business use? absolutely. Big budget or small budget? got some for you too.
with an iphone its just "3.5 inches and icons?" yup!
If you own an iphone, its always an iphone the way apple wants it. If you own an android phone, you can make it 100% the way you want. Some people want more than 3.5 inches. Some people want more than just a row of icons. Some people dont. Android fits to the person where iOS makes the user fit it.
Some like the latter, most like the former.
all the troll lines of "battery life", "quality apps" and "stability" differences between the OS's have long since gone away. Its now purely a choice of HOW you like to interact.
67. gallitoking (Posts: 4690; Member since: 17 May 2011)
yes but an average person does any of that remix.. I did said not to answer in a form of a geek but an average person... too much to ask I guess. or maybe because.. in reality outside of that there is nothing to make Android popular other than is free.. and can get free games... size. is borderline.. still.
50. wassup (Posts: 565; Member since: 23 Jun 2011)
because people are starting to see that Android has more features, bigger screens, special features in certain phones like smart stay on SGSIII etc, and that all the apps on the app store, are more or less on the Market.
Nothing geeky about that is there?
70. gallitoking (Posts: 4690; Member since: 17 May 2011)
thak you thats all I ask. 1 out 3 answered the question.. the other two (remix and sniggly) cant think outside their geekiness
55. Sniggly (Posts: 7177; Member since: 05 Dec 2009)
Because Android offers choices, and often offers the same features for less than iPhones.
68. gallitoking (Posts: 4690; Member since: 17 May 2011)
geek answer by you sniggly.. not surprise from you or remix. learn to read.. please
75. tedkord (Posts: 5106; Member since: 17 Jun 2009)
What's geeky about stating that there are different choices in size, shape, attachments, etc...on stock phones? You can have a phone that fits what you need with an Android.
Plus, it does everything any other OS does, just as well. And even has features others don't.
81. gallitoking (Posts: 4690; Member since: 17 May 2011)
spend a day in a wireless store and watch the people than come in. tell them what you tell me and see how they will walk away as the majority is looking to check face book and play games.. ok what Sniggly said is true.. but he is a geek. and if you tell me the majority of people that BUY android install custom ROMs and root their phone.. sir.. excuse my french. but you are an idiot
83. tedkord (Posts: 5106; Member since: 17 Jun 2009)
Who said anything about custom roms? You. We talked about keyboards, screen sizes, etc...these are all things one can see just by trying the phone in store.
Even when you get to customizing the screens, no custom rom needed - stock android allows it.
94. gallitoking (Posts: 4690; Member since: 17 May 2011)
screen size is not a big issue like you think. the iphone has a 3'5 screen and outsells a single 4+ Android device... so is nice to have big screens available but that is a pro and a con for Android.. keyboards.. less and less phones are coming with keyboards... not one high end device sports a keyboard.. again having too many choices can also be bad,,
108. remixfa (Posts: 14056; Member since: 19 Dec 2008)
The Mytouch 4g Slide is an HTC Amaze with a keyboard.
gallito, you have no points, you just have stupid excuses.
60. Droid_X_Doug (Posts: 5920; Member since: 22 Dec 2010)
Another reason for Android's market share is that Apple gave the middle-fingered wave to manufacturing partners. Do you really think that Sammy, HTC, Moto and everyone else were going to sit on the sidelines and not at least attempt to play in the smartphone market?
Android enabled them to quickly get to the party.
69. tedkord (Posts: 5106; Member since: 17 Jun 2009)
Well, remixfa just answered it as well or better than I could. To use an Apple phrase, "There's an Android for that."
Hardware keyboard? Big screen? You have options with Android. And, it does anything any smartphone dies, and does it well.
71. gallitoking (Posts: 4690; Member since: 17 May 2011)
I had faith in you. ted... what good are options if peopledont know.. most people here see what kind of people get smartphones. people that think everyphone is a iphone. that doesnt know that Android is open system that you can customised.. even people the iphone 4 is 4G.. any how.. excuse me for asking a nongeek question
76. tedkord (Posts: 5106; Member since: 17 Jun 2009)
People don't know a phone has a bigger screen? Or has a hardware keyboard? Or a kickstand? Or comes with Beats Audio and headphones?
Do you believe only deaf blind people shop for ohones?
97. gallitoking (Posts: 4690; Member since: 17 May 2011)
well you tell me how many random people knows what phones comes with a kickstand. or which Android maker has Beats audio.... so things are only for people that are into tech not something an everyday man would know...
77. remixfa (Posts: 14056; Member since: 19 Dec 2008)
gallito, you obviously need a refresher course in android. your making baseless assumptions. When you first turn on a new handset, it has a video that goes through many of the features. ICS will actually guide you around the phone for the first time if you like and tell you how to do things as you enter that part of the phone.
Nothing could be easier than a guided tour and a video.
So .. again.. the average user gets a size and $$ that fits their life, and tons of options.
Maybe you need to define what you think the "average user is".
Email? nothing better than android's Gmail suite
Business use? Android is proven to be more secure for business.
Navigation? Google maps and nav are king.
internet? new sets are silky smooth on the net, while delivering top end HTML5 and Flash performance.
text? text with no character limits, MMS, video through MMS, file sharing, document sharing.. its all soo painless through Android's automated features
Social person? Nothing is easier than android's auto sharing of pictures and locations to your facebook/G+/Twitter.
picture lover? Android phones have the best cameras and the most options for camera and video.. as well as the easiest built in sharing options, AND autosyncing of your pix.
app lover? Android has a half million apps. Almost every app that iOS has, android has.. but android's are free more often than not. So you get all the benefit, without the cost.
there is a reason why people chose android more often than not, and its not because its "free and cheap", especially since the top 10 android sales are almost always the most expensive sets. Its because it delivers the most options, the easiest routes, and a seamless experience.
you have to be a complete dimwit to not be able to get around an android handset with ease.
82. gallitoking (Posts: 4690; Member since: 17 May 2011)
wow.. wasn't too long ago that we were discussing how someone thought the iphone is 4G, that only the iphone existed.. and that download all kinds of crap from the Google store and get virus... the people that will rather get a free phone outdated that to invest in technology.. ( that tells you they don't care about technology unless is free)... those people do exist.. and to them an Android phone is just a phone.. nothing more nothing less... of course you will fight me on this as is your nature but put that rooted phone to good use and check out other forums were ordinary people hung out and read the kind of questions the ask..
109. InspectorGadget80 (Posts: 6675; Member since: 26 Mar 2011)
I choose android because 1 many sizes phone to choose from or QWERTY PHONE, 2nd REMOVEABLE BATTERY EXPANDABLE MEMORY 3rd better screen,
111. B3BLW29 (Posts: 237; Member since: 02 Mar 2012)
You know I've seen kids aged between 12-15 years flashing custom ROMS, average Joe might not be as average as it used to be.
39. mercorp (Posts: 974; Member since: 28 Jan 2012)
42. mercorp (Posts: 974; Member since: 28 Jan 2012)
Google marisa stole the precious thing.you will know what i m talking about.
10. jarom (Posts: 1; Member since: 05 Jun 2012)
Today apple got a new patent ...... " ilawsuit "...now apple can sue everyone...
18. 09wbd03516 (banned) (Posts: 140; Member since: 30 May 2012)
bwahahahaha!! Apple is a joke!!
22. tedkord (Posts: 5106; Member since: 17 Jun 2009)
Judge Koh for the Supreme Court. We need some common sense at the federal level.
23. Sniggly (Posts: 7177; Member since: 05 Dec 2009)
I see the iFans are already out in full force, crying foul because the judge didn't view the Galaxy Tab the same way another judge viewed a dangerously mislabeled pharmaceutical.
Also, the last point the article makes is hilarious. This is a win win for Samsung.