23 May 2013

Posted by Neil Richards on November 30, 2011

Apple is now seeking yet another ban on Samsung's modified Galaxy Tablet in Germany. The iPad maker earlier succeeded in getting a ban on Samsung's Galaxy tab in Germany in a 'moronic' ruling by the Düsseldorf court.

The court did not know its jurisdiction and imposed a EU wide ban, which it lifted within a week and kept a ban on the device in Germany.

Ironically a Dutch court fond the same 'design' claims of Apple bogus and rejected any such ban. The design claims are in fact bogus as it says no one else can sell a tablet which looks rectangular.

Samsung modified its tablet to give German customers more choices. It will be interesting to see if the 'pro-Apple' German court once again proves that 'justice' is blind and continues the ban.

The German court's decision is widely criticized and is looked at as helping Apple create a tablet monopoly in German which will only hit Germans. This monopoly will have serious consequences, as Apple has a tight eco-system and everything that you put on Apple devices goes through iTunes and Apple servers.

Using iTunes would mean the US government will have access to all the data that German Apple users put on their devices.

Devil's Ban

There is no doubt that Samsung will take every measure to ensure its products are available in Germany. I wonder if the same German court will ban all TV sets, cars, laptops, drinks on the basis of design patents as all these things look same, irrespective of who makes them.

I hope this time the German court will take the 'right' decision.