CyberTech Rambler

October 26, 2012

Does Apple’s website notice satisfy the court order?

Filed under: Uncategorized — ctrambler @ 6:40 pm

This is something you don’t see happen every day: A company being told it has to carry a message on the website.

Guess what? Apple was told to do so. See GrokLaw’s coverage and BBC coverage. We know Apple is not happy with that court order,  since  it appears to had argued on appeal that carry such a message is going to affect the aesthetic of its website.

In the end, it provides a link t the bottom right corner to the court-mandated notice. I am not  going to take that against Apple, as the appeal court order more or less OK this move.

The thing that I think is really wrong is Apple’s running commentary attached to the notice. In that notice, only the first paragraph is the one that the court requires Apple to display. Apple then spent 5 more paragraphs, or visually speaking approximately 4x more screen space arguing its position Samsung did infringe its right. I have no quarrel with Apple presenting its position, but I do not think that position should be stated on the page. If it does, it should clearly delineate the court-mandated portion from its position.

That failure to delineate means the intended message of the court order was not delivered to the reader. In my opinion, it means the notice does not satisfy the requirement of the court order, that is, to direct readers attention that the UK court had decided that Samsung did not infringe on Apple’s design. Did Samsung have a chance to see the notice before it is posted? I do not know?  Neither do I know whether Samsung will appeal and say the notice was insufficient. Needless to say, I hope it does.

For a company (and whose website) known for simplicity and brevity, the notice is surprisingly cluttered.


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