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Posts Tagged ‘dutch court’

Dutch Court Rules Hyperlinks Can Constitute Infringement

September 14th, 2012 09:01 admin View Comments

The Courts

Ubi_NL writes “In yesterday’s ruling of Playboy (via publisher Sanoma) vs Dutch blog Geenstijl, the court ruled that hyperlinking to copyrighted material was itself infringement of copyright. The court ordered the blog to remove all links to the infringing links (court ruling in dutch). How this ruling fits into the supreme court ruling that hyperlinks cannot by themselves infringe copyright is still to be discussed, possibly in an appeal.”

Source: Dutch Court Rules Hyperlinks Can Constitute Infringement

Dutch Court Forces ISPs To Block the Pirate Bay

January 11th, 2012 01:39 admin View Comments

Piracy

New submitter swinferno writes “After recent successes in Finland, Italy and Belgium, the Dutch Copyright protection organization BREIN has obtained a verdict that forces two major ISP to block access to The Pirate Bay domains and gives them the right to submit future domains/IP addresses to be blocked in the future without court order.”

Source: Dutch Court Forces ISPs To Block the Pirate Bay

German Court Issues Injunction Against iPhone & iPad

December 11th, 2011 12:11 admin View Comments

Patents

angry tapir writes “A German court has ruled that Apple’s iPhone and iPad devices infringe a Motorola patent and issued an injunction against sales of the products in Germany, in the latest move in a long series of legal battles between the companies. It’s the latest stage in the international patent conflict that’s been raging over mobile devices, which has included the recent Samsung victory over Apple in an Australian court and a defeat for Samsung in a Dutch court.”

Source: German Court Issues Injunction Against iPhone & iPad

Dutch Court Rejects Samsung Patent Claims Against Apple

October 17th, 2011 10:14 admin View Comments

Patents

angry tapir writes “A judge at the district court in the Hague has rejected claims that Samsung had made against Apple regarding four patents. Samsung wanted Apple to pay for licensing the patents in question, and the court to issue an injunction banning the import and sale of Apple’s iPhone 3GS, iPhone 4, iPad, iPad 2, as well as upcoming products, until licensing terms are in place. But the latter won’t happen at this point. The ruling came in the in the same week that an Australian court blocked sales of Samsung’s Galaxy Tab 10.1.”

Source: Dutch Court Rejects Samsung Patent Claims Against Apple

Apple Says Samsung 3G Patents Violate RAND Requirements

September 27th, 2011 09:32 admin View Comments

Patents

judgecorp writes “The patent dispute between Samsung and Apple has finally boiled down to clear understandable terms. Samsung says Apple has not been paying it royalties for use of patented 3G technology. Apple says Samsung smuggled that technology into the 3G standards, disclosing its IP demands later. The Dutch court will rule on 14 October.” The issue at hand now seems to be whether Apple already has a license to the patents under the 3G “Reasonable and Non-Discriminatory” requirements for patented technology used in the standard. If Samsung really believes Apple needs a separate license, when can we expect them to sue everyone else?

Source: Apple Says Samsung 3G Patents Violate RAND Requirements

Samsung Claims Apple Has Been ‘Free Riding’ On Its Patents

September 23rd, 2011 09:45 admin View Comments

Samsung Stepping Up Its Game

Just a few days ago, Samsung execs anonymously revealed that the company planned to get the iPhone 5 and all other iOS devices banned in Korea. Today, in an interview with the Associated Press a Samsung exec has come on record and spoken about their newly adopted approach to tackle Apple’s lawsuits by, well, filing more lawsuits. Samsung claims that they have a number of essential patents in the field of wireless communications on which Apple has been “free riding”.

Till now Apple has enjoyed an upper hand in the ongoing patent litigation, managing to get Samsung’s products banned in a number of countries like Germany, Netherlands and Australia.

Lee Younghee, head of global marketing for mobile communications for Samsung in the interview admitted that till now Samsung has adopted a passive approach in dealing with Apple’s lawsuit keeping in mind their business relationship. She says:

“We’ll be pursuing our rights for this in a more aggressive way from now on. We’ve been quite respectful and also passive in a way. However, we shouldn’t be … anymore.”

One such patent that Samsung believes Apple is infringing covers how a user can speak over the phone and receive an email at the same time.

A Dutch court confirmed today that the Korean company has filed a lawsuit against Apple asserting intellectual property violation. There however seems to be hope for Apple, if its lawyers can successfully prove that Samsung’s patents relating to 3G technology are essential and should be available for licensing under fair terms.

Apple in response to Lee’s comments reiterated Steve Jobs’ statement:

“It is no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong and we need to protect Apple’s intellectual property when companies steal our ideas.”

Apple is also working on building ties with new suppliers to reduce its dependence on Samsung, which would allow it to engage in litigation with the company more freely.

Any predictions over how this will end?

[via Bloomberg, Business Week]

Source: Samsung Claims Apple Has Been ‘Free Riding’ On Its Patents

Samsung Claims Apple Has Been ‘Free Riding’ On Its Patents

September 23rd, 2011 09:45 admin View Comments

Samsung Stepping Up Its Game

Just a few days ago, Samsung execs anonymously revealed that the company planned to get the iPhone 5 and all other iOS devices banned in Korea. Today, in an interview with the Associated Press a Samsung exec has come on record and spoken about their newly adopted approach to tackle Apple’s lawsuits by, well, filing more lawsuits. Samsung claims that they have a number of essential patents in the field of wireless communications on which Apple has been “free riding”.

Till now Apple has enjoyed an upper hand in the ongoing patent litigation, managing to get Samsung’s products banned in a number of countries like Germany, Netherlands and Australia.

Lee Younghee, head of global marketing for mobile communications for Samsung in the interview admitted that till now Samsung has adopted a passive approach in dealing with Apple’s lawsuit keeping in mind their business relationship. She says:

“We’ll be pursuing our rights for this in a more aggressive way from now on. We’ve been quite respectful and also passive in a way. However, we shouldn’t be … anymore.”

One such patent that Samsung believes Apple is infringing covers how a user can speak over the phone and receive an email at the same time.

A Dutch court confirmed today that the Korean company has filed a lawsuit against Apple asserting intellectual property violation. There however seems to be hope for Apple, if its lawyers can successfully prove that Samsung’s patents relating to 3G technology are essential and should be available for licensing under fair terms.

Apple in response to Lee’s comments reiterated Steve Jobs’ statement:

“It is no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong and we need to protect Apple’s intellectual property when companies steal our ideas.”

Apple is also working on building ties with new suppliers to reduce its dependence on Samsung, which would allow it to engage in litigation with the company more freely.

Any predictions over how this will end?

[via Bloomberg, Business Week]

Source: Samsung Claims Apple Has Been ‘Free Riding’ On Its Patents

Dutch Court Bans The Sale Of Samsung Galaxy Smartphones In Europe

August 25th, 2011 08:56 admin View Comments

Samsung Versus Apple

A Dutch court has found Samsung guilty of infringing an Apple patent relating to photo management, and ordered a Europe wide ban on the sale of Samsung Galaxy smartphones from October 13th. The Galaxy Tab, Samsung’s iPad rival, has not been named in the injunction and its sales would remain unaffected in this region.

The patent in question, titled “Portable Electronic Device for Photo Management”, illustrates the concept of swiping through a gallery of images on a touchscreen device. Samsung’s Galaxy smartphones, which run on Android 2.3, incorporate this concept of swiping through images. The Galaxy Tab on the other hand runs on Android 3.0 (Honeycomb), which uses a different way of navigating through images, letting it off the hook.

Apple's Swiping Based Photo Patent

The injunction is applicable in all EU countries where this patent is valid. Surprisingly a number of European countries like Austria, Italy and Romania do not figure in this list since Apple failed to complete the necessary procedures required to file a patent in these regions. However, a ban in Netherlands effectively cripples Samsung’s entire European distribution channel since all of Samsung’s imports go through this area.

The ban kicks in after 7 weeks, which means Samsung would very soon issue a patch for the image viewing software on its smartphones ensuring that it does not violate the patent in question. If the update is delivered within this period of seven weeks, Samsung could escape the ban entirely and there would be no disruption in the sale of its smartphones at all.

Apple had sued Samsung claiming a violation of ten of its patents out of which nine were rejected. So this isn’t exactly the victory Apple would have wanted, but nevertheless it does indicate that other Android phones have very high chances of infringing the photo management patent. In a response to the ruling Samsung issued a statement which read:

“Today’s ruling is an affirmation that the Galaxy range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our Galaxy smartphones to Dutch consumers”

As the statement indicates, the legal tussle between Apple and Samsung is nowhere near an end. Samsung has adopted an interesting strategy to defend itself against an iPad design patent in the US. Samsung cites Stanley Kubrick’s ’2001: A Space Odyssey’ movie as prior art against iPad design patent.

Apple had earlier obtained a similar injunction against the Galaxy Tab, which was later suspended over doubts on whether a German court had the right to order a Korean based company to stop selling its products.

[BBC via FOSS Patents]

Source: Dutch Court Bans The Sale Of Samsung Galaxy Smartphones In Europe

Dutch Court Says Android 2.3 Violates Apple Patents

August 25th, 2011 08:35 admin View Comments

Android

jfruhlinger writes “A Dutch court came to some interesting conclusions in the Apple-Samsung patent case raging there. The court rejected claims that Samsung stole intellectual copyrights, or that it slavishly copied Apple’s iPad and iPhone. It did decide that Android 2.3 violated an Apple photo management patent — but said that Samsung could get around this simply by upgrading its phones to Android 3.0.”

Source: Dutch Court Says Android 2.3 Violates Apple Patents

Dutch Court Rules WiFi Hacking Not a Criminal Offense

March 18th, 2011 03:10 admin View Comments

Crime

loekessers writes “Breaking in to an encrypted router and using the WiFi connection is not an criminal offense, a Dutch court ruled. (Original article in Dutch; English translation.) WiFi hackers can not be prosecuted for breaching router security. The judge reasoned that the student didn’t gain access to the computer connected to the router, but only used the routers internet connection. Under Dutch law breaking in to a computer is forbidden. A computer in The Netherlands is defined as a machine that is used for three things: the storage, processing and transmission of data. A router can therefore not be described as a computer because it is only used to transfer or process data and not for storing bits and bytes. Hacking a device that is no computer by law is not illegal, and can not be prosecuted, the court concluded. “

Source: Dutch Court Rules WiFi Hacking Not a Criminal Offense

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