Linked by Thom Holwerda on Sat 25th Aug 2012 18:38 UTC
Legal Well, that didn't take long. Groklaw notes several interesting inconsistencies and other issues with the jury verdict. "If it would take a lawyer three days to make sure he understood the terms in the form, how did the jury not need the time to do the same? There were 700 questions, remember, and one thing is plain, that the jury didn't take the time to avoid inconsistencies, one of which resulted in the jury casually throwing numbers around, like $2 million dollars for a nonfringement. Come on. This is farce." My favourite inconsistency: a Samsung phone with a keyboard, four buttons, and a large Samsung logo on top infringes the iPhone design patent. And yet, we were told (in the comments, on other sites) that the Samsung f700 was not prior art... Because it had a keyboard. I smell fish.
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Nationalism ?
by zhengiszen on Sun 26th Aug 2012 00:26 UTC
zhengiszen
Member since:
2012-08-26

Has it occured to anyone that this decision could be motivated by some sort of nationalism ?

Everybody know American image of leading economy and technology has taken some heavy hits this last decade...

Lack of confidence in the rules of Capitalism and "free-trade" ?

Reply Score: 8

RE: Nationalism ?
by saso on Sun 26th Aug 2012 01:42 in reply to "Nationalism ?"
saso Member since:
2007-04-18

Has it occured to anyone that this decision could be motivated by some sort of nationalism?

It has, and most likely is. Apple is constantly in the news lately viewed positively as an innovative American company, while Samsung is this Asian newcomer who is frequently ridiculed as producing knock-off products. The jurors were no doubt aware of this and as a consequence were most likely heavily biased. As evidenced by the latest released comments from the jurors, Samsung was assumed to be guilty practically from day one, thus invalidating one of the core principles of fair justice (impartiality).

Though maybe not practical in this case, it would be very interesting to see if jurors had arrived at the same conclusion had none of them been present at the court hearings themselves and instead worked from court transcripts (the information content is the same as what is said in a court room, save for the drama) and the materials identifying the parties had been anonymized (referring rather to parties "A" and "B" rather than "Apple" and "Samsung").

Edited 2012-08-26 01:43 UTC

Reply Parent Score: 10

RE: Nationalism ?
by kwan_e on Sun 26th Aug 2012 04:17 in reply to "Nationalism ?"
kwan_e Member since:
2007-02-18

Lack of confidence in the rules of Capitalism and "free-trade" ?


East Asia has been the economic and technological powerhouse of most of recorded history and was halted mostly due to external military force. East Asia is now recovering at full speed and the West simply would not be able to get them to play by their rules.

Reply Parent Score: 6

RE: Nationalism ?
by bigdog on Sun 26th Aug 2012 09:28 in reply to "Nationalism ?"
bigdog Member since:
2011-07-06

Yes, I also think that that is the case.

Reply Parent Score: 1

RE: Nationalism ?
by brichpmr on Sun 26th Aug 2012 14:45 in reply to "Nationalism ?"
brichpmr Member since:
2006-04-22

Has it occured to anyone that this decision could be motivated by some sort of nationalism ?

Everybody know American image of leading economy and technology has taken some heavy hits this last decade...

Lack of confidence in the rules of Capitalism and "free-trade" ?


That's a pile of Bravo Sierra.

Reply Parent Score: -1

RE: Nationalism ?
by bitwelder on Sun 26th Aug 2012 19:10 in reply to "Nationalism ?"
bitwelder Member since:
2010-04-27

Has it occured to anyone that this decision could be motivated by some sort of nationalism ?

Absolutely.

By the way, in last The Verge article before the verdict I did notice the following sentence, where Apple attorney McElhinny said:
If you find Samsung infringed, "you will have reaffirmed the American patent system,"

Even the current patent system is a 'product' to be patriotically proud of! Unbelievable.

Reply Parent Score: 8

RE: Nationalism ?
by Bobthearch on Tue 28th Aug 2012 20:42 in reply to "Nationalism ?"
Bobthearch Member since:
2006-01-27

Unlikely a significant factor. I know OS News has many international (Non-US) members, so here's a couple of things I'd like to point out:

- It is "common knowledge" (correct or not) that the vast majority of consumer electronics (especially Apple-branded items) are imported from China. Many Americans view China as our economic and political 'enemy'.

- Samsung has been selling consumer products in the States for decades and is generally well-regarded.

Edited 2012-08-28 20:44 UTC

Reply Parent Score: 1

RE[2]: Nationalism ?
by zima on Sat 1st Sep 2012 23:46 in reply to "RE: Nationalism ?"
zima Member since:
2005-07-06

So, you describe a prevalent feelings & way thinking about the Asians as an 'enemy' (do you really think "average" folks of the kind found in a jury can differentiate between East-Asian ethnicities?) ...and you use it as an argument for "unlikely"?

Reply Parent Score: 2