Samsung Outsmarts Apple, Routes Around German Injunction

September 10, 2011

    The drama continues. While Apple may have just won a permanent injunction over the Galaxy Tab 10.1, it seems things are not so clear cut, and actually Samsung can pretty easily route around that injunction. You see, Samsung is not allowed to use their German subsidiary to sell or re-stock the German retailers with the Galaxy Tab 10.1, but Samsung can easily circumvent that by using either their subsidiary in Netherlands to sell to them, or even the South Korean one.

    And this seems to actually work, as it doesn’t seem to be a problem for retailers to re-stock their Galaxy Tab 10.1 inventory with new tablets from Samsung’s other subsidiaries. As long as they don’t purchase from Samsung’s German subsidiary, it’s all fair game.

    Mediamarkt, for example, which is one of the largest electronics retailers in both Germany and Neitherlands, can simply re-stock their German stores with Galaxy Tab 10.1 units from Samsung’s subsidiary in Netherlands, where Samsung is still allowed to sell, at least for now. Apple did have a small win in Netherlands as well, but Samsung only needs to change something in their gallery app, so they can’t be banned there, too.

    So the bottom lime is that Apple’s win was mostly symbolic, and German customers can rejoice. Apple will still get competition from Samsung in Germany against their iPad 2.

    So what will Apple do now? They might try to stop Samsung from importing their tablets in EU, but I don’t think it’s possible to get a wide EU ban like that. As for Netherlands, it remains to be seen if Samsung manages to update their gallery app in the next few weeks, or face a ban in Netherlands, just like the one in Germany. But even so, they should still be able to import them from South Korea and give them directly to the retailers.

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    Comments

    • http://www.facebook.com/profile.php?id=703848523 Harvey Lubin

      “So the bottom lime [sic] is that Apple’s win was mostly symbolic”

      Yes, it is symbolic of the continuing litigation against Samsung and other companies that have infringed Apple’s patents.

      Between the legal issues facing current Android tablets, the short lifespan of some of the Android tablets and also the HP TouchPad, the poor sales figures, and the lack of Android tablet apps, many consumers are reluctant to buy an Android tablet because of the questionable future for these products.

    • gctwnl

      But then again: why buy a copy which has not the same smooth experience, where you need to buy your own battery management software like JuiceDefender and that is wide open to malware and all of that for roughly the same price? Flash? Adobe has just announced their server product will also send out HTML5-based video, so that war seems over too.

      Samsung needs to innovate instead of try to imitate (up to packaging and such). Maybe they should buy WebOS from HP.

      • Anonymous

        ,.., woow,. I just got a $829.99 iPad2 for only $103.37 and my mom got a $1499.99 HDTV for only $251.92, they are both coming with USPS tomorrow. I would be an idiot to ever pay full retail prîces at places like Walmart or Bestbuy. I sold a 37″ HDTV to my boss for $600 that I only paid $78.24 for.
        I use EgoWïn.com

        • http://pulse.yahoo.com/_NXCMSD27V46Y6BR63PWI6VC7UY Les

          And I just got laid after spending just 40 bucks on a dinner. That includes the tip.

      • http://www.nitebreedonline.com/Playlist.html Guyver

        You do realize that Samsung supplied most of the parts to the iphone? You do realize that Apple has not created anything itself with the iphone? all parts from other companies that they put into one phone

      • http://www.facebook.com/steven.creyelman Steven Creyelman

        Fanboy post … Jeeze man, read up and come back

    • Anonymous

      An Android site and you cannot even get the licensees name right.

      It is SAMESONG. Not Samsung.

      You ought to know this, Google sycophant or not.

    • Anonymous

      Well, let’s see how well that works in the Netherlands, Australia or Japan.

      And let’s see what happens when they actually meet in court over the actual patent violations.

      Almost every week Apple wins more multi-touch patents.

      When Samsung loses then, let’s see how Samsung’s going to work around those losses.

    • http://drrjv.wordpress.com/ drrjv

      More than symbolic. The free press Apple has gotten on this clearly creates doubt in the general marketplace about buying an Android tablet (not to mention all the other reasons). So except for angering people who already hate Apple, the court decision is a big win for Apple!

      • Josh

        I have actually found that, after asking around a little at work and with friends, people are becoming MORE happy to buy anything but Apple products due to it’s litigiousness.
        I’ve found more people on Samsung’s side than Apple. This may end up as another case of when McDonald’s sued protesters for saying their food was unhealthy. [http://findarticles.com/p/articles/mi_m0820/is_n221/ai_17933878/]

        Time will tell how it will all actually end.

    • Anonymous

      Android authority?

    • JDW

      More like “Samsung Outsmarts German Court Order”

      Time will tell how smart a move that was.

    • John Dingler, artist

      Headline: “Samsung Takes Advantage of Loophole to go Around the Law.”

    • Anonymous

      In the Netherlands the tab 10.1 isn’t banned. The galaxy s, galaxy s 2 and galaxy gio are going to be banned for the gallery app but can easily be avoided bij the gallery app update

    • BP
    • Mtsunami31

      It amazes me that from a consumers standpoint some of u Apple fanboys dont realize that the success of Android is actually a good thing it forces Apple to stop being so restrictive when it comes to thier OS . why do u think can finally change the wallpaper now

      • gctwnl

        Why do you think restrictions are by definition a bad thing? If the restrictions free me from being a system administrator and make me just able to use the damn thing, if the restrictions improve security (a lot) so I don’t have to worry or buy virus protection, I’d be happy not to be able to set a wall paper. It is, I think, a very nice trade off.

        I do see possible downsides, having to do with free speech and all. But given that HTML5 is there, I can’t see much damage to free speech by Apple restricting the app world.

        Furthermore, I wonder why there is not the same clamour about the restrictive nature of Nintendo DS & Wii, PlayStation, Sony Internet TV, etc.

      • http://twitter.com/dmkraig Donald Michael Kraig

        Mtsunami, if you ever actually create something and then have someone steal the idea and presentation, claim it as their own, and make money off of it, perhaps you won’t be so eager to think that such criminal behavior is “actually a good thing.”

    • Krn1950

      Thieves should not be rewarded with your business. They stole Apple IP and now they have a cry and try to side step the law. That just shows you how much they think of the law. HELLO SAMSUNG stop the theft. Just wait until Apple has all the ducks in a row and you no longer have there parts business or access to future tech. Then we will see how F____ing cute you are.

    • http://twitter.com/dmkraig Donald Michael Kraig

      Lucien, I love the way you applaud breaking the intent of laws. Tell me, do you think that if someone broke into your home and stole all of your belongings by avoiding the law you’d be applauding that, too?

      • Anonymous

        Kind of like how Apple broke the intention of the laws by claiming it has the sole right to sell any tablet thats that shape. Perhaps other tablets should be star shaped.

        • Walau

          I would really loves to see the Apple shape Ipad3.
          LOL.

    • Obviously

      Are all these Apple fanboys coming from the same IP address or what???

      • Anonymous

        Nah.. It’s iMobbing. Kind of like a flash mob, but shinier and more magical.

    • Drew Nusser

      It’s funny that people are all making fun of Samsung for copying Apple so much. Most smart phones and tablets are pretty similar as far as looks and touch functionality. These law suits are just an attempt to slow down the fastest growing OS out there because they want to be the top dogs again. If Apple would focus on improving their products rather than trying to slow down Android progress, think of how much further along we’d be.

    • Paulbumatay

      apple win in bco’z the’y have their own website,unlike the other,there not much app.so people that’s way people choose the the better site,easy to ask and easy to buy,why samsung make a site like the apple store or i tunes,apple win in here.

    • Harry

      Appleeeee!!! I wonder what shape of phones they would recommend to Samsung, triangles or pentagons. I wonder why we don’t see this among car manufacturers, TV and LCD makers etc. This approach to competition will not suffice for Apple. Samsung is the King of Smartphone makers and ICS can as well give them the tablet crown in the nearest future.

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