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Apple Wins Permanent Ban on German Sales of Samsung Tablet

27 点作者 eren-tantekin超过 13 年前

7 条评论

sgift超过 13 年前
Just a quick note (IANAL, but I live in Germany): A district court is a rather low court ("Landgericht" in german, "Amtsgericht" would be lower, but they don't handle such cases). Samsungs next step probably will be to appeal this case at the "Oberlandesgericht". If they also loose there they can appeal the case at the BGH ("Bundesgerichtshof"), which is the highest german court for such court cases (the "Bundesverfassungsgericht" would be a higher court, but only handles matters of constitution). BGH decisions are usually final (ignoring appeals to EU courts).<p>So, long story short: This is a problem for Samsung, but at the moment nothing is "permanent".
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testcock1超过 13 年前
The judge's justification here sounds flimsy at best. Both tablets are "minimalist and modern" with "flat screens and round edges"? So Samsung can only make archaically designed tablets, if possible with a curved screen?<p>And then: "The court is of the opinion that Apple's minimalistic design isn't the only technical solution to make a tablet computer," Brueckner-Hoffmann explained, "other designs are possible."<p>I'm not a lawyer, so I might get laughed out here, but this just seems like a ridiculous claim. Other designs are possible, that much is true. You can make a car with 5 wheels and the engine in the passenger's seat too, doesn't mean there's going to be a market for it. My common sense might be too common, but I hope this gets thrown out at higher levels of the court.<p>Edit: To clarify, I own neither, and I am not interested in either, I just found the situation too absurd not to chime in.
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josteink超过 13 年前
And Apple takes another PR hit. It's like they want us to hate them.<p>Like the article posted here the other day said "I want a MacBook Air not made by Apple". I think the Macbook Air looks sexy, but no way I'm funnelling money into an organisation this hellbent on taking away my choices.<p>Here's hoping Apple and it's power-crazy, trigger-happy lawyers are a short-lived phenomenon which goes away when people stop buying their products as a protest.
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2muchcoffeeman超过 13 年前
Wow. Apple probably should not have won this one. But I can't help but compare to laptops. Lenovo, Apple,Sony, Dell. All have unique styles. They are all producing different looking cuboid electronics.<p>Samsung in comparison just looks lazy.
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dsplittgerber超过 13 年前
Just a quick clarification: this ban is not about patents, at all. It is only based on a registered "design patent" (Geschmacksmuster), which is wholly different from regular patents and protects specifically the aesthetics of a product (design, colour, form) - which is why the decision sounds flimsy at times, because they had to compare aesthetics.
MrKurtHaeusler超过 13 年前
Oh well, I am always looking for excuses to drive to the Netherlands anyway. Sheiß Apple
skrebbel超过 13 年前
At Asus they are now toasting champagne.