Apple accused of doctoring image to sink Galaxy Tab 10.1 in Europe - UPDATE

Apple accused of doctoring image to sink Galaxy Tab 10.1 in Europe - UPDATE

Summary: Did Apple alter an image of the Galaxy Tab 10.1 submitted to a German court?

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TOPICS: Tablets, Apple, Samsung
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[UPDATE 2: The injunction against Samsung has been suspended in the EU except in Germany.]

[UPDATE: The judge at the middle of this case claims that he actually handled the tablets to back up the images supplied by Apple.]

Researchers have accused Apple of altering an image and providing false evidence to a German court which resulted in the Samsung Galaxy Tab 10.1 being banned in Europe.

Here's what Apple submitted to the court to support its claim that the Galaxy Tab 10.1 is an iPad clone:

But according to Research Networks this image has been doctored:

It seems that the image that Apple submitted has been reduced and had its proportions changed. According to Samsung the Galaxy Tab 10.1 measures 256.7 x 175.3 mm which would give it an aspect ratio of 1.46. However the modified image has an aspect ratio of 1.36 bringing it closer to the aspect ratio of the iPad - 1.30.

Arnout Groen, an attorney and IP specialist at Klos Morel Vos & Schaap said that this is such a mistake that it must be deliberate.

So, artistic license, error or deliberate doctoring? You decide.

Topics: Tablets, Apple, Samsung

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137 comments
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  • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

    The court gave ruling based on images submitted by one party?? why it didn't ask to see the real things?? was that too difficult???
    Raju Das
    • That wicked Eve should have never ....

      @Raju Das
      ....touched that Apple!
      ;-)
      kd5auq
      • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

        @kd5auq
        One of the judges (Deutsche) claims to have "handled" it as part of his decision process.
        Someone needs new glasses now that Walmart folded over there.... maybe Real-Markt?

        :)
        rhonin
      • Actually court doc show that the judge DID handle both devices..

        @kd5auq.. not about "claimed" as Adrian wrote.. they did in fact handle the devices..
        doctorSpoc
      • And the image **not** doctored, it is from Samsung' own marketing materials

        @kd5auq: the lawsuits go back and forth in all countries for a long time, and <b>the picture that is shown is from Samsung earlier Galaxy Tab design that the company had to update since Apple's iPad 2.</b>

        There is nothing "doctored" about the picture; the version of devise is obviously different: it had bolder "metallic" frame, and no "Samsung" logo.

        So, obviously, there is no way how this picture could have "fooled" the judge. It is picture of a prototype.
        DDERSSS
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Raju Das
      you pay the courts enough and they will look the other way and take your word for what is real and not.
      rparker009
      • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

        @rparker009
        +1
        Thumbs Up
        X107
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      Sorry Samsung, I gotta say this:<br><br>You've been trolled <br>You've been trolled <br>You've probably been told, don't reply to this guy he is<br> just getting a rise out of you<br> yes it's true, you respond and that's his cue to start trouble on the double while he strokes his manly stubble. You've been trolled <br>you've been trolled, you should probably just fold when the only winning move is not to play, <br>and yet you keep on trying, mindlessly replying, you've been trolled,<br>you've been trolled, <br>have a nice day!

      Yes, I mean every word of it. Apple is a "Successful Troll"
      ZazieLavender
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Raju Das
      crooked knows no bounds. Those wearing robes sitting up high are not exempt.
      rengek
    • A new kind of law

      @Raju Das wouldn't it be nice if lawyers had to tell the truth?
      HugoM
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Raju Das It also appears that the court physically handled a Samsung device which was altered from its default configuration in a way that makes the interface appear more visually similar to an iPad. I wonder what fruity company provided that device? LOL
      BillDem
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Raju Das

      it is very easy to understand. Here's all you have to do.

      first, hold out your hand, palm up,

      Now, wait for the grease.

      That's how justice is done in most of the world.
      now do you understand.

      Oh, and this isn't a patent thing. It's a Design thing that the US has no equivalent to. The Germans seem to think that there can only be one of anything. Apple has a long history of thinking that they can copy anyone else, but no one can copy them. This shouldn't be a surprise.

      Apple hasn't been the nice boys since the Woz left.
      YetAnotherBob
      • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

        @YetAnotherBob: <i>"That's how justice is done in most of the world."</i><br><br>That may be true, but I've seen no evidence that Germany has a serious problem with legal corruption. If you're from the U.S. you may be projecting local problems abroad.<br><br>@YetAnotherBob: <i>"Oh, and this isn't a patent thing. It's a Design thing that the US has no equivalent to."</i><br><br><b>False</b>. Apple's complaint concerns <b>trade dress,</b> which has a direct equivalent under U.S. law, as the following quote from <a href="http://en.wikipedia.org/wiki/Trade_dress">Wikipedia</a> explains.<br><br>"In the U.S., like trademarks, a product's trade dress is legally protected by the Lanham Act, the federal statute which regulates trademarks and trade dress."<br><br>@YetAnotherBob: <i>".. this isn't a patent thing. It's a .. (legal concept) that the US has no equivalent to (sic).</i><br><br>So any damned furrin' law, without a U.S. legal counterpart, must be a bad law? Wow.<br><br>@YetAnotherBob: <i>The Germans seem to think that there can only be one of anything.</i><br><br>Yet 'the Americans' go further and seem to think there can only be one of any <i>idea</i>.<br><br>The U.S. software patent system, which has no precise counterpart in most of Europe, made it possible for Amazon to patent the "one-click web purchase button" (<a href="http://en.wikipedia.org/wiki/1-Click">1-Click</a>). Now Amazon can demand software royalty payments from any company operating in the U.S. (e.g. Apple's iTunes and App stores) for this utterly trivial bit of design and scripting. 1-Click was denied a patent in Europe and in Canada, the U.K., and other countries.<br><br>Ethically, the Apple trade dress argument in Germany seems rock solid compared with the silliness of the Amazon software patent in the U.S.<br><br>@YetAnotherBob: <i>Apple has a long history of thinking that they can copy anyone else, but no one can copy them. </i><br><br>Apple have a long history of innovation and being copied. And please don't wheel out the inaccurate party line about Apple "copying" the Xerox Star; if you must at least read the Wikipedia article first.<br><br>The world isn't as simple as you would evidently like it to be.
        StandardPerson
      • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

        @StandardPerson
        Wikipedia is NOT an accruate source for information, especially if you want to use it as proof of something. Wikipedia can have anybody's opinions on something rather than absolute fact.
        jfreedle2@...
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Raju Das One magazine claimed that the judge saw actual devices, however they had no proof of that, and seemed to be mistakenly quoting the Apple request instead.

      In fact, Apple's request stated that they were using the non-EU Tab version in their comparisons, claiming it was because they couldn't get hold of the EU version before writing their request.
      kevindarling
  • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

    Oh snap! Hold up, let me go grab some popcorn!
    The one and only, Cylon Centurion
  • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

    @reklissrick You're right, now lets watch all the Apple Apologists come on out and tell us how right they were to use such images.

    That's okay, the phone images they used weren't exact either.
    slickjim
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Peter Perry Hilariously, it looks like the apple apologists are trying to claim that Samsung made the fake images and tricked apple into using them!
      spark555
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Peter Perry, call me an "apologist" if you like, but it seems possible to me that the difference in aspect ratios might have resulted from taking a photograph of a Galaxy with aspect ratio 1.46, and then printing the photograph to a U.S. Letter PDF with scale to fit (wrongly) enabled. <br><br>If such a file were emailed to Germany, and printed on an A4 printer, it would produce a printed image of a Galaxy with an aspect ratio of 1.33, which is pretty much what we see in Apple's pictures. This would be a foul-up, certainly, but I don't know whether its outrageous or criminal. <br><br>Before saying this scenario is impossible, remember that NASA blew between a quarter and half a billion dollars when the 1999 Mars Climate Orbiter crashed. The crash was caused by a bungled a "U.S. imperial" to metric conversion error by a NASA programmer. It happens.

      As for using PICTURES the judge also saw the ACTUAL DEVICES so I don't think that argument flies.
      StandardPerson
    • RE: Apple accused of doctoring images to sink Galaxy Tab 10.1 in Europe

      @Standard Person

      The point is that PICTURES of the devices should not have been used. They should have brought the DEVICES THEMSELVES into the court and put them in front of the damned judge.

      That is a CRIMINAL mistake on the part of the judge here and one that I cannot understand him making unless he was having money pushed to him by Apple.
      Lerianis10