Apple Caught Photoshopping Galaxy Tab 10.1 to Look Like iPad for Lawsuit

[BigTyla]

DailyTech - Report: Apple Caught Photoshopping Galaxy Tab 10.1 to Look Like iPad for Lawsuit

It looks like Apple, Inc. (AAPL) has become Google Inc.'s (GOOG) latest foe to commit a legal blunder.

Webwereld.nl, the Dutch counterpart to Computerworld, was poking around in Apple's case files in its lawsuit [1][2] against Android device maker Samsung Electronics Comp., Ltd.'s (SEO:005930), when it noticed something interesting. An "exhibit" showed how similar the iPad 2 and the Galaxy Tab 10.1 appeared -- but something wasn't quite right.

The Galaxy Tab was stretched via Photoshop or some image editor to look like it had the same dimensions as the iPad 2. The Galaxy Tab was reduced from a 1.46 aspect ratio (for the tablet, no the display) down to a more iPad-like 1.36. The iPad has an aspect ratio of 1.30.

Given that a number of Apple's claims of infringement center around claims that Samsung copied its patented iPad design, this is a pretty serious problem. Apple's claim that the products look "practically identical" is a lot more plausible if the Galaxy Tab 10.1 happens to be photoshopped to look more iPad-like.

EU lawyer Arnout Groen, a lawyer with the Dutch firm Klos Morel Vos & Schaap, suggests the mistake may be costly for Apple, stating, "This is a blunder. That such a 'mistake' is made in a case about design rights can scarcely be a coincidence. ... The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge. But at least a reprimand by the German judge seems to be in order."

A White Plains, New York career criminal's 2010 attempts to photoshop himself into images of volunteer work earned him over 23 years in prison. It is unknown what penalties might be in store for Apple for its own digital doctoring in this civil case.

It is also unknown whether the erroneous image was included in lawsuits filed by Apple in other international courts.

Apple chief executive and co-founder, Steven P. Jobs has bragged about his mastery of stealing ideas from others, stating [video], "Picasso had a saying - 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas."

Mr. Jobs contends Android handset makers like Samsung, HTC, and Motorola should not be allowed to "steal" the iPad and iPhone's patented looks and designs.

Apple has succeeded in banning sales of the Galaxy Tab 10.1, for the time being, in Australia and in the European Union. Samsung will appeal the European Union ban in court on August 25.

Apple appears to have the dubious distinction of joining the likes of Viacom, Inc. (VNV), whose copyright infringement case against Google was dashed when it was revealed that Viacom employees themselves uploaded some of the infringed content to Google's YouTube, and Oracle Corp. (ORCL), whose patent infringement case against Google's Android was hampered when a deleted corporate blog post surfaced in which Sun's former CEO appeared to okay the use. Either Google has the skills of a magician when it comes to pulling legal rabbits out of the hat, or Google's foes are a bumbling bunch, depending on how you want to look at it.

In related news Google recently acquired Motorola Mobility, Inc. (MMI) in a blockbuster deal worth $12.5B USD. The deal gives Google access to 17,000 patents, which it can use to defend its Android partners. Aside from Samsung, both Motorola and HTC Corp. (SEO:066570) -- the other two of Android's top three -- are also being sued [1][2][3].

This should be interesting.

[j2k4]

I am disappoint.

Ashamed of my iphone.

[DocWalt]

Apple has been going in the shitter. Their hardware quality is nowhere near what it was 5 years ago. My first gen iPod nano had one issue when I got it that was fixed in 2 days (shipped to Cali and back! DHL was the shit) and it's still trucking along now. My 3rd gen nano had the screen slightly tilted inside the iPod... Wasn't bad but still... My iPod Touch has been terrible. The battery didn't even last a year and a half and I rarely used it. Got it warrantied with AppleCare and they sent me a refurbed one... The screen quality was atrocious in comparison. The new screen had color banding, it was washed out, and it was really grainy. Even worse, the refurbed one has a power button that rarely works so I can't reset the damn thing when it crashes (way too often for my taste) My mom's iPad is really sluggish for some reason, and the screen quality is also pretty poor considering they claim that it's fantastic... Apple isn't even competitive in software on smartphones and tablets. The App Store is still very poor to navigate, and loaded with craploads of the same app. The new OS X stuff is all much buggier than it used to be. Hell, I got my Droid back in the day when iOS was infinitely better than Android in almost every way and now it's flip flopped drastically.

The only way Apple can continue being competitive is to sue the pants off of someone that makes a similar product. Yay for greed.

[mb3000]

Got the first nano when it came out. Nothing could withstand the abuse I've given it, & it still works fine.

Bought an Iphone a couple months ago when they were $50, had to send it back because of the "Home" button locking up.

[stealthify]

Should be interesting indeed.

While this *could* be major, I'm having a hard time believing the courts made their judgement based on one photo alone... let alone photos from only Apple's side of the table. And you're telling me some random journalist from Webwereld.nl noticed this and pointed it out before Samsung's highly-paid and trained patent defense lawyers? Yeah, something doesn't add up here.

If this is Apple playing dirty, I don't endorse it. I'd love to hear the full story though.

[BigTyla]

And you're telling me some random journalist from Webwereld.nl noticed this and pointed it out before Samsung's highly-paid and trained patent defense lawyers?

Exactly. If this turns out to be the case I'd be looking for new patent defense lawyers if I were Samsung.

[IPD]

i KNEW shaun was going to post up...

apple is clinging by its eyeteeth to relevance. it's had to resort to lawsuits out the ying-yang to try and stop the flood of consumers to competing products.

my prediction is that the VAST MAJORITY (if not all) of these suits from apple will be overruled; and apple stock will tank.

[stealthify]

i KNEW shaun was going to post up...

What can I say, this stuff interests me. I'm so sick of the politics game, I need something to chime in on.

[BigTyla]

my prediction is that the VAST MAJORITY (if not all) of these suits from apple will be overruled; and apple stock will tank.

...and Google will buy them out?

[IPD]

google acquiring motorola mobile patents. google also looking to buy kodak patents. apple is about to get sodomized without the benefit of someone spitting on its figurative "hole".