Apple misrepresents Galaxy S phone in Dutch filing

I thought that TUAW prided itself on accurate based on research.
This article starts with a definitive possibly libelous statement and goes down hill from there. It is wrong and misleading to rely on earlier reports by other tech blogs about legal matters.

In the US and many other jusisdictions pleadings are not generally considered evidence and yet you refer to the images as evidence. The suit was recently filed and it is not clear if any hearing has been held. Usually evidence is presented at hearings and trials. One article on the web said that the hearing is scheduled for mid September. If no hearing has been held, it is possible that no evidence has been submitted.

Also there seems to be little information about the context or argument surrounding the photo in question. As others have pointed out, the photo may have been included to show the original historical design by Samsung, or Samsug advertising or the fact that it is so similar iin design to the iPhone, and that the only difference is in the dimensions of the Galaxy. Other articles have said thatApple's complaint included the dimensions of the iPhone and Galaxy.

The judge will be presented with the actual devices and will be able to make a decision on the merits after seeing what all devices look like.

If TUAW was the quality organization thought it was they would have read the complaint and conferred with counsel before writing thiscarticle.

The also would have couched the story in terms of an allegation against Apple and not headline the article with a definitive statement.

Maybe TUAW should stick with non legal Apple tech or wait for decisions to be rendered before making definitive statements about presumed Apple misdeeds.

Dear Kelly Hodgkins/TÚAW… as was pointed out the LAST time you reported on the ease of the ban, it had NOTHING to do with the images and EVERYTHING to do with the jurisdiction, as pointedly stated by the very source you were quoting from. Why do you people keep perpetuating this false perception? It's bad enough to make that mistake once. To keep repeating this is trolling. Nothing more, nothing less. Is this what has become of this place?

Please correct your article. The German courts relaxed the Europe wide ban due to jurisdiction concerns over other European countries. Please also take into account that the German Judge who passed the ruling had a full hands on of both devices in question along with Apples submission.

I know this doesn't make as exciting/controversial reading but maybe the truth should be your main consideration.

this discussion is pointless

If you take that image into PS. Copy and paste the large Galaxy into a new layer with transparency turned on and drag it over the smaller Galaxy, you can see easily by using the scale tool that it's just a large version of the image. The proportions are identical. There's no distortion. All this image proves is that someone put a larger version of the same image next to the smaller one. The red lines are meaningless

I don't think apple is that stupid to submit fake photos, the judge will just go out there, buy a galaxy phone and will know it is fake and apple will lose the whole case..

My take on this is that the Galaxy probably started life as an iPhone clone and was then probably deliberately stretched to deceive -- when it is reduced to fit the proportions of the iPhone, the similarities become very obvious.

Same with the iPad and Samsung's tablet.

Even if this was the image submitted the complaint I think is more of the overall design than the size, they were probably just scaled to the same dimensions as nothing has been stretched on anything to bend the truth. Why is this rubbish even worth posting?

First, as others here have mentioned, the ban was not relaxed "in light of this revelation," it was relaxed because the German court may have overstepped its bounds by imposing a Europe-wide ban, rather than a ban just throughout Germany. Secod, there is no actual "revelation" here at all. In the court filing, the caption that accompanied the image specifically mentioned that the Samsung image was not exactly to scale, saying that there were "some non-identical elements, such as the slightly larger dimensions."

I EXPECT BETTER FROM TUAW.

This is poor reporting and symptomatic of the greater lack of integrity that plagues the tech press. The German injunction was NOT relaxed due to the reported image discrepancy. The injunction was scaled back to only include Germany because it's not clear that the German judge has the authority to grant an injunction to include other countries given the defendent's national origin. Do your homework and leave your childish agenda out of the story.

Along those lines, take some time and actually read through the whole of the filing. You'll see that there is much more to the complaint for the judge to consider.