Apple UK Samsung apology reposted, cleverly hidden with code

November 3, 2012

The UK Apple-apology-to-Samsung saga continues with new predicaments in this problematic issues for the iOS device maker.

In case you’re not aware of it, Samsung beat Apple in a patent-based case concerning the Galaxy Tab 10.1 in the UK. The courts found the uncool Galaxy Tab 10.1 not to be infringing on iPad patents and asked Apple to formally apologize to Samsung, both on its website and in print. Apple appealed but the ruling was upheld and so it had to post its apology.

And Apple did exactly so but forgot to use the words “apologize” or “sorry” in the process. The company posted an acknowledgement of the rulings in UK, and mentioned other rulings in similar cases in the process, which prompted the courts to ask the company to reword the apology.

Meanwhile, the company took ads in UK newspapers to post the non-apologetic apology. And now it looks like it has reworded the message on its website.

Here’s what that message reads now:

Samsung / Apple UK judgment

On 9 July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s Community registered design No. 0000181607-0001. A copy of the full judgment of
the High Court is available from www.bailii.org/ew/cases/EWHC/Patents/2012/1882.html.

That Judgment has effect throughout the European Union and was upheld by the Court of Appeal of England and Wales on 18 October 2012. A copy of the Court of Appeal’s judgment is available from www.bailii.org/ew/cases/EWCA/Civ/2012/1339.html. There is no injunction in respect of the Community registered design in force anywhere in Europe.

But apparently Apple used a trick to hide the message from its front page, where the new iPads are still presented to consumers instead. The Next Web reports that Hacker News and Reddit users have uncovered code on Apple’s website that hides the apology to Samsung. Here’s what they found:

var HeroResize=AC.Class({initialize:function(b){this._height=null;this._hero=$(b);
AC.Object.synthesize(this);this.__boundResizeHero=this.resizeHero.bindAsEventListener(this);
if(typeof window.ontouchstart===”undefined”){this.resizeHero();Event.observe(window,”resize”,this.__boundResizeHero)
}},setHeight:function(b){this._height=(b<0)?0:b;return this._height},resizeHero:function(){this.setHeight(parseInt(window.innerHeight||(window.document.documentElement.clientHeight||window.document.body.clientHeight),10)-310);
this.hero().style.height=this.height()+”px”}});Event.onDOMReady(function(){var b=new HeroResize(“billboard”)
});

What happens exactly? Well, the acknowledgement of its court-ordered obligation is on the front-page, but it’s not viewable from the moment you check out the site. In order for anyone visiting the site to see it, they’d first have to scroll all the way to the bottom because otherwise everything you’d get, no matter what resolution your display is, is an iPad mini ad.

In case you do scroll all the way to the bottom of the page, you’ll see this message appear (see screenshot above as well), with a link to the apology quoted above:

On 25 October 2012, Apple Inc. published a statement on its UK website in relation to Samsung’s Galaxy tablet computers. That statement was inaccurate and did not comply with the order of the Court of Appeal of England and Wales.

The correct statement is at Samsung/Apple UK judgement.

It’s definitely easy to miss unless you pay attention to that scroll bar that lets you know there’s more to that page that meets the eye.

These are the intricate ways such companies keep poking each other and bending the rules in the process. And you can’t blame Apple for trying to get out of this apology at all costs. But will the judge agree with such practices? Do you think Apple will be asked for a third apology draft?

Comments

  • http://www.facebook.com/profile.php?id=735425441 Dave Higgins

    All they had to do was apolagise wether it be right or wrong by being the bigger company. But no they had to be stupid and childish… Apple in my eyes is no longer what it used to be as a company, steve jobs would be turning in his grave!

    • dheeraj

      hahahhaha steve jobs was the one who wanted to start the thermonuclear war…tim cook is just following his footsteps….also don’t u think jobs would launch the ipad mini after they saw nexus 7 and kindle fire succeeding./?? contradicting his earlier statements that the public doesn’t need 7 inch tablets….this is business….and steve jobs was no GOD….but a greedy arrogant enterpreuner…but hey its all bout making money in the end…be it SAMSUNG or APPLE….so fair enough

      • On a Clear Day

        Apple is doing exactly what Jobs would do; the company is a mirror image of and embodies to perfection his sweet, kind and gentle personality.

    • Apple_Nexus

      Where in the Judge’s ruling does it say Apple had to apologise? [Spolier: It doesn't!]

      This is what it DOES say:

      “As a result of his second judgment, Judge Birss ordered that:

      Within seven days of the date of this Order [18th July 2012] [Apple] shall at its own expense (a) post in a font size no smaller than Arial 11pt the notice specified in Schedule 1 to this order on the homepage of its UK website … as specified in Schedule 1 to this Order, together with a hyperlink to the Judgment of HHJ Birss QC dated 9th July 2012, said notice and hyperlink to remain displayed on [Apple's] websites for a period of six months from the date of this order or until further order of the Court (b) publish in a font size no smaller than Arial 14pt the notice specified in Schedule 1 to this Order on a page earlier than page 6 in the Financial Times, the Daily Mail, The Guardian, Mobile Magazine and T3 magazine.”

  • http://profiles.google.com/tonycerdais Tony Cerda

    It’s kind of interesting to watch Apple make a mockery of the court and the judge. I just can’t wait to see what kids learn from this lesson! Maybe a more clever bully who learns from Apple’s example on how to get around authority?

    • PGS

      I believe the judge still has contempt of court laws on his side, and could potentially put whoever is doing this in jail until he is satisfied with what appears on the site.

      • http://profiles.google.com/tonycerdais Tony Cerda

        Yes! Makes me wonder what the next move will be from the judge. Can’t wait to see.

  • http://twitter.com/the_om3ga_man The Omega Man

    This is not what the U.K. Judges intended, I’m sure. I would love to see them impose a 6mo. mandatory apple product injunction in the U.K. and parts of Europe, for obvious contempt and childish insolence of the courts clearly defined rulings. apple learn your lesson here.

  • deltaraven97

    Imagine if now they let Samsung make and put the article on apples website as punishment for apple thinking they are above the law. That would make my day.

    • On a Clear Day

      Methinks the saying, “Third times the charm” should apply.
      The judge should hall their recalcitrant assess back into court and say, “Which part of I want you to apologize on the front page of your website in no uncertain terms, didn’t you understand?”
      Then, immediately through the legal team into jail for about a week for contempt of court; fine Apple about $50,000,000.00 for contempt of court – after all for a company that has so much money and only contempt of anyone and everything that doesn’t agree with them what’s a mere fifty mill? THEN, let Samsung’s advertising department write the copy that appears on Apple’s website in big bold, lettering for God and all the world to see!
      Now, that is something I’d like to see!

  • KaiserJay

    I’m guessing there is no way the Judge can order a sales ban, as I doubt Apple would be playing games like this; especially during the run-up to Christmas.

    • Kindroid

      If not…but he could fine them the value of 6 months sales.

  • http://www.facebook.com/scrichfield Kelly Scrichfield

    Every asinine move that Apple makes, makes me more likely to never in my life buy a product from this company.

  • Bradley Larcher

    The judge should tell Apple exactly what to say and the place it should be on their website. If Apple doesn’t comply, they’ll be fined and a sales ban should be enforced for at least a month. I’ve never seen a bitchier little girl like Apple, that has done everything to piss off the judge and defy the court’s ruling. What would be even sweeter is if the US court where Apple won the $1.5 billion, reverses their judgement and reward Apple nothing.

  • Nelson

    If what Hacker News and Reddit reported are true, Apple should be reprimanded and charged with contempt. Issue at hand now is not whether did Samsung copied. The UK court had found Samsung did not infringed and directed Apple to post an advert. So the right thing to do is to respect and abide with the court ruling. What is so difficult with that instead of pulling out all the trickery and making a morkery of the judges and UK court. I wouldn’t want to be associated with this type of organisation as it brings bad example to the societies.

  • Kindroid

    No third apology request. Hit them with contempt of court….bar the sale of any of their products in European Community until they post full front page ads in every newspaper, magazine…school weekly in same. Then require equally appropriate postings on the internet. You know every known web site in Europe. Youtube Europe. You can’t condone this kind of disrespect.

    • AJD22

      This case has no effect on Greater Europe, only the UK, so a UK court cannot force the rest of Europe to do anything. Although i do agree what you said :D

  • saurabhaj

    Its time to show Apple its position,
    why they are hesitating to post court order,
    post that order on Samsung website and we will like them on
    Facebook,Youtube,Twitter,all technology blogs,all news paper websites,
    yes,hoping for that order.

  • RedTussock

    Every action Apple do not take in this matter reinforces my resolve to never own an apple product. It seems to me their asinine litigation against anyone that dares to make a white phone, turns people away from them in droves. If they are capable of this sort of deceit, what don’t they tell us about the shortcomings of their own products. Put another way, what kind of crap would they try and sell us.

  • Apple_Nexus

    And they say Apple has an RDF!

    The Apple site uses scrolling to hide the Samsung notice. :? It’ll take some real elite hackers to work out how to scroll a page. ;)

    The main Apple site http://www.apple.com also requires you to scroll to the bottom of the page to see the footer and there’s no Samsung notice there!

    Is it possible that the site is designed to look as clean as possible, putting all notices and legal mumbo jumbo off screen? Or is everything Apple does simply an attempt to get at Samsung? Paranoid Fandroid…

  • mintslice

    Slap them with contempt judge. Take their product off the market until the do the right thing.

  • Android Analyse

    One thing is clear: Apple won’t take the punishment like a man. I’m embarrassed for them.