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Apple accused of manipulating evidence in Dutch complaint

updated 11:45 am EDT, Fri August 19, 2011

Galaxy S falsely made to look like iPhone 3G

Apple has once again falsely manipulated evidence in a case against Samsung, a Webwereld investigation suggests. This time an accusation has been directed at Apple's Dutch legal complaint, which if successful would see all Samsung Galaxy devices removed from European stores. A side-by-side comparison image in Apple's court documents -- only simulated in graphics here -- depicts the Galaxy S as the same size as the iPhone 3G, even though the S is significantly taller and wider in reality. Apple acknowledges the difference in text, remarking that there are "some non-identical elements, such as the slightly larger dimensions."

A similar accusation of image manipulation was made last week involving Apple's German case targeting the Galaxy Tab 10.1. In that circumstance the aspect ratios of the tablet were artificially stretched to make the Tab more closely resemble the iPad 2, when in truth the Tab's shape is more elongated.

Regarding the Galaxy S, a Samsung lawyer is reported to have last week claimed during a hearing that Apple is "manipulating visual evidence, making Samsung's devices appear more similar to Apple's." No support was offered at the time, but Samsung could theoretically introduce needed material. Webwereld has approached both Apple and Samsung with the information, but both parties have declined to comment.



By Electronista Staff
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  1. Hercules Rockefeller

    Fresh-Faced Recruit

    Joined: Apr 2011

    -18

    comment title

    Apple never should of taken it this far. They're going to lose this case and look like complete a******* in the process. You cant stop progress apple

    Comment buried. Show
  1. lamewing

    Dedicated MacNNer

    Joined: Aug 2004

    -14

    Questionable tactics

    THIS kind of legal nonsense (better know as lying) is going to bite Apple in the butt. It really makes them look like they are trying to stifle competition via the legal system versus actually defending themselves. When I see this clear attempt at deception on Apple's part it makes me consider buying something other than an iOS device when my contract ends on 8/29/11.

  1. tightzeit

    Fresh-Faced Recruit

    Joined: Jul 2006

    +6

    Ummm

    So neither of you see a distinct similarity between the products? The size difference is attributable to the need to legally differentiate by 10% for copyright, not by any design reasoning or aesthetic. Samsung has clearly copied it, altering it as much as they thought was legally required to avoid suit.

    That is not progress.

  1. Feathers

    Grizzled Veteran

    Joined: Oct 1999

    +4

    Unless

    Unless the images explicitly purport to make a direct comparison (as the simulation does with the dotted lines), there is nothing that requires that such images correspond pixel for pixel. Even passport photos permit some variance in the size of the head although the photo itself must be a certain size. As a matter of fact, MacNN's introductory sentence is so provocative as to be borderline actionable in itself. I would suggest that Apple are aware of violations at a far deeper design level that they can't act upon without inadvertently disclosing information they prefer to keep confidential. Taking Samsung to task over the physical appearance may well be merely the tip of the iceberg.

  1. kerryb

    Fresh-Faced Recruit

    Joined: Aug 2001

    +2

    which one is the Apple product?

    the GUI is the same, the 3 mm's size difference in the case does not go far enough to be a "different" and clearly identifiable product.

  1. drumrobot

    Fresh-Faced Recruit

    Joined: Oct 2009

    +1

    Resizing

    The image is resized, not scaled in one direction.
    http://i53.tinypic.com/34y1x7t.jpg
    There are a lot of reasonable explanations for the image being resized slightly, be it accidental or on purpose.

  1. facebook_Collin

    Via Facebook

    Joined: Aug 2011

    +2

    Squirm Samsung Squirm

    It looks to me like this is the act of a desperate Samsung legal defense. They know they are going to face a loss and receive an injunction across the EU. The ruling bodies only need to look at the GUI's side by side on the actual devices to see that Samsung stole Apple's UI. Heck I saw it myself after comparing the two devices in person.

  1. lamewing

    Dedicated MacNNer

    Joined: Aug 2004

    -4

    Questionable Tactics repeat

    THIS kind of legal nonsense (better know as lying) is going to bite Apple in the butt. It really makes them look like they are trying to stifle competition via the legal system versus actually defending themselves. When I see this clear attempt at deception on Apple's part it makes me consider buying something other than an iOS device when my contract ends on 8/29/11.

  1. jink

    Fresh-Faced Recruit

    Joined: Jan 2009

    +1

    Asia

    Asia sure loves copying the West. We're flattered, really, but is that all you got?

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