Did Apple manipulate Galaxy Tab image?

Did Apple manipulate Galaxy Tab image?Some eagle-eyed chaps at Webwereld.nl, the Dutch sister site of Computerworld, have picked up on a cheeky anomaly with the picture of the Samsung Galaxy Tab submitted to the Regional Court of Dusseldorf.

It appears that the comparison image in Apple’s complaint – which ultimately resulted in a preliminary injunction against the Galaxy Tab 10.1 – has been modified to make Samsung’s tablet look more like the iPad.

The Samsung Galaxy Tab’s dimensions yield an aspect ratio of 1.46, but the Tab pictured in the complaint has a ratio of 1.36. That’s significantly closer to the iPad’s aspect ratio, which is 1.30.

The text below the comparison shot reads: "The overall appearance of the two products shown above is almost identical, because the Galaxy Tab 10.1 copies all distinctive elements of equipment of the iPad 2."

Arnout Groen, a Dutch lawyer with the firm Klos Morel Vos & Schaap, says: "This is a blunder. That such a 'mistake' is made in a case about design rights can scarcely be a coincidence.

“The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge. But at least a reprimand by the German judge seems to be in order."

Samsung's appeal is scheduled for August 25.

Read more about: Apple iPadApple iPad 2Samsung Galaxy Tab 10.1

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JanSt / MOD  Aug. 16, 2011 at 11:33

Well. that's how you get a prelinary/temporary injunction. In absence of the defendant the plaintiff will always pile it up. It's like poker. you go all in - including your long dead grandmother's life.

And look at the effect! I've been told by a number of store managers recently that the Galaxy tab is not available because "it was banned from sale". Worked well for Apple. The sale is not banned. The shipping/distribution within some EU markets is. Stores can sell existing stock. Stores, by the way, can also NoT sell the iPad ;)

blizzard7  Aug. 16, 2011 at 12:55

At a push, you could see someone wrongly resizing an image for whatever reason, but when the case is based on the design every picture should be completely untouched. Hope this injuction gets thrown out sharpish.

JanSt / MOD  Aug. 16, 2011 at 13:13

No doubt actually...
Ex parte "emergency" injunctions are relatively easy. Making it stick requires a lot more sophistication than this piffle photoshop...

CTPAHHIK  Aug. 16, 2011 at 13:49

I thought you would need to present an actual product for comparison.

JanSt / MOD  Aug. 16, 2011 at 13:59

no...that's why it's a prelim/temporary injunction

socialjeebus  Aug. 16, 2011 at 14:45

Lol, Apple needs to be careful, not only does Samsung supply may of the key components for their products but lawsuits like this could adversely affect both this and any future suits or even lead to criminal proceedings if they have been found to deliberately misled.

JanSt / MOD  Aug. 16, 2011 at 14:54

It's an emergency temporary injunction... burden of proof is pretty lax. Being a bit loose with evidence is not like perjury in a criminal/civil case.
As to p*ssing off a supplier? Yeah, I guess at some point Samsung might say: guess what - we don't need you anymore. Don't think we are there yet. Also: Android tabs are still not selling in significant numbers. The flipside of Apple's "victory" is that the Galaxy tab gets a lot of free publicity - all with the context that it's very similar to the holy iPad. Sounds like good PR to me ;)

JanSt / MOD  Aug. 16, 2011 at 17:03

the injunction has just been modified: only effective in Germany from NOW on...rest of Europe can tab happily ever after or until Apple feels naughty.

socialjeebus  Aug. 16, 2011 at 17:10

Lol, I feel a compensation claim on~plus a reshuffling of the legal team at Apple.

CTPAHHIK  Aug. 17, 2011 at 11:44

I really do not understand concept of this injunction. Banning from sale something that does not exist? If there is an actual product what is the point of a picture? Surely I would not be buying a tab based on picture from google images.

socialjeebus  Aug. 17, 2011 at 12:45

JanSt, rather than the issue of perjury this could have knock effects elsewhere. If this is thrown out, particularly if Apple are found to have misled the judge and the injuction is thrown out, not only will Apple have to make a humiliating climb down but they'll also have to pay significant compensation and also jeopardise any future legal dealings (a kind of boy who cried wolf situation). With regards to Samsung supplying Apple, all of Apple's products use Samsung components which makes this case even more bizarre. Samsung is Apple's biggest supplier and with Samsung being the leading developer and producer of LED screens, memory chips and SSDs a breakdown in the relationship could really hurt Apple. If Apple was genuine in its concerns about Samsung it hasn't stopped them from increasing orders for supplies by 20% this year or from having the 1/4 of the Iphone 4 made out of Samsung products.

Imho Apple is ****-scared of Android and as Samsung are the most successful of the Android handset manufacturers are Apple's no. 1 target.

JanSt / MOD  Aug. 17, 2011 at 12:54

right... agree - Android is definitely 'getting to' Apple ;)

blizzard7  Aug. 17, 2011 at 17:12

Actually there's an article floating around that says Apple is in the middle of switching from Samsung to Sharp and Tosbiba components. Apple must be feeling very threatened to bring out measures like that.

JanSt / MOD  Aug. 17, 2011 at 17:14

time to bring Elop on board :D aka Mr Fireextinguisher aka gasblower

socialjeebus  Aug. 17, 2011 at 17:54

Problem is blizzard that Sharp and Toshiba don't produce a lot of the components so its unlikely that they could completely disassociate themselves with Samsung. Furthermore, despite the dispute, Apple orders for Samsung components are expected to increase by a third this year (compared to last) in terms of dollar value.

I would question the legitimacy of that article, it seems wishful thinking to me, particuarly as Apple are rumoured to be considering using even more Samsung components (ie using Samsung screens for Ipads instead of LG).
If Apple they they don't feel threatened they should, Android is outselling IOS already and the consolidation taking place in the market makes Android even more of a threat.

blizzard7  Aug. 17, 2011 at 19:31

I think its very plausible seeing as how much money Apple has in the kitty.


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