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Home arrow In Brief arrow Apple v. Samsung : Bad old Apple v. Good baby Fish ?

Apple v. Samsung : Bad old Apple v. Good baby Fish ?

Written by ACM
Saturday, 01 September 2012

 

bad_old_apple_v._good_baby_fish__400

 


 

(A European NewsViewpoint)

Our 1st Computer was Apple, both at Home and at the Office, where we had convinced the Boss to "go 100% Apple" in almost all his IT machines.


It was Decades earlier.... and while Steve Jobs' anti-Monopol, anti-Big Corporation, pioneer innovative, iconoclast Spirit was still alive... As well as .. real Jobs for all People were almost everywhere around the marketplace.


But now, People are more and more fed up and find disgusting the Bureaucratic, narrow-minded, selfish and counter-productive Legal Harrassment that "Apple" notoriously abuses, down there at California, US, against Samsung's new products Worldwide, from SmartPhones to Tablets, etc., as recently revealed at Berlin in Europe.


Is it in order to stimulate even more the recently growing "Pirate" parties' grassroots Popular Movement, particularly among Young People, notoriously spreading from Sweden to Germany and many other EU Countries, before the forthcoming EU Parliament Elections of June 2014 ?


The sympahetic and innovating South Korean firm, which reportedly emerged from a Family-owned Small Business initially selling fried Fish, back in the 1930ies, has recently surprized by winning an award for "the Best SmartPhone in Europe", with the World-famous "Galaxy" series, that it is currently developping much further (f.ex., with the brand new "Galaxy Note II", just unveiled in Berlin), now adding also smarter Tablets, new digital TV-screens, etc.


Other Asian, (from Japan, Taiwan or China, etc) brand new products also emerge in the Digital market nowadays, while several European mainly Software, Internet, SmartPhone, Communication, or Network builders' ideas have also appeared in recent years, some being bought (as "Skype", etc), and sometimes curiously "killed" (as f.ex. the "AllTheWeb" search engine, etc) by one or another US buyer, or still developing further (as "Opera"'s browser, etc), in certain cases brokering TransNational co-production deals which might hopefuly help boost a Healthy Competition (f.ex. in SmartPhones), etc.


If "Apple Inc." wants to keep the "faith" of Millions of its former Fans around the World, and not cut the ties with the New Generation, (much more motivated by the "Open Source" World-wide Movement, unless well-deserved, radical Innovation might really justify an initial period of more or less "Exclusivity" for some brand new products), it should NOT abuse of repeated, oppressive Lawsuits against innovative Developers and other competitive Producers,

apple_wants_samsung_s_galazy_out_400.


... particularly if they sell their products generally in much better Prices, affordable to Young Students, Small and Medium Businesses, Poor Old People, Communities and other Non-Profit organizations, etc., contrary to the Scandalously High, often prohibitive Prices, that "Apple Inc." notoriously attempts to impose Worldwide, even during the current Global Financial Crisis, which alreaddy provokes manifold Social sufferings and deprivations to a widening number of People in many Countries, even developed.


+ Considering also that such "Bad old Apple" aggressive harassment by systematic and repeated oppressive persecutions against innovative competitors, even threaten to seriously aggravate the already Dangerous "Digital Divide", recently deepening between Nations, Social Groups, Families and Individuals World-wide, it might be a Good idea to try to save any .. "Good baby Fishes", thanks to a growing Popular Movement, and even from a well-interpreted Legal point of view (f.ex. against "Abuses" of "Dominant Positions", in certain key segments of the Market, f.ex. certain categories of Smartphones, Tablets, etc), as well as .. (why not ?) through the United Nations' politically supported "Millenary", Development, and other legitimate Goals, including, naturally, the necessary Fight against the "Digital Divide" in the contemporary Information Society, etc., which is, by the way, headed by ... South Korean UNO's Secretary General, Ban Ki Moon, (recently re-elected for a brand new term in office until 2016)...


A UNO-led "Peace-keeping" operation, not only in Syria or elsewhere, but even in the "Digital Front", to protect People and Businesses from Brutal Abuses of Legal Oppression, prohibitive "Walls" by Excessive Prices, and other unjustified Monopolistic behaviors, etc., might become soon necessary, even at the SmartPhone/Tablets/Computers' battle-area ..


Particularly when a growing number of sincere People are really fed-up by some counter-productive Abuses of those who might have become unable to discover anymore anything really New, and fell back into selfishly attempting to keep an Unpopular quasi-Monopol based on claims from the Past, and currently do nothing more than merely repeat, again and again, almost the same ... "Apple I-Phone No 4, or 5, or 6, or 7, or 8, or 9, or 10, etc..", apparently aiming to reach ... even "the year 2525", (as the famous Song of the Sixties said, when the Initial, former Pioneer and iconoclast, anti-Big Corporation "Apple" Spirit was emerging and alive, fighting hard struggles vis a vis IBM's former quasi-Monopolistic domination, in the Past), without anything else, but merely reiterating just another, routine "Press Release", among so many similar in the Past, anouncing that ... 

- "Hold on guys : "Old Apple's I-Phone "No ...2525" is, at last, Out !"....

 

the_world_is_at_our_hands...._400  

http://youtu.be/0G-XAyBDWdw

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Samsung: Apple trying to limit consumer choice


By YOUKYUNG LEE | Associated Press – 5 hrs ago

SEOUL, South Korea (AP) — Samsung on Saturday accused Apple of resorting to litigation in an effort to limit consumer choice after the iPhone maker said it was seeking to stop the sale of Galaxy S III smartphones in the United States.

Fresh from its $1 billion court victory over Samsung Electronics Co, Apple Inc., in a separate case, asked a federal district court in San Jose, California, on Friday to add four more products to a list of Samsung goods that Apple says infringe its patents.

The new list of 21 products includes Samsung's flagship smartphone Galaxy S III as well as the Galaxy Note, another popular Android phone. If the court finds those devices are infringing Apple's patents and irreparably harming the U.S. company, it could temporarily halt sales in the U.S. market even before the trial begins.

The latest accusation is part of a larger, epic struggle over patents and innovation in one of the most lucrative consumer electronics sectors that is unfolding in 10 countries.

The biggest stakes are in the U.S., the world's largest smartphone market in 2011. Last month, a jury in the San Jose court found that Samsung had copied Apple's design innovations and Samsung was ordered to pay Apple $1.05 billion. Samsung has vowed to appeal the verdict, all the way to the U.S. Supreme Court if necessary.

On Saturday, Samsung denounced Apple's attempt to halt sales of the S III, which hit the 10 million global sales mark in July, less than three months after its release.

"Apple continues to resort to litigation over market competition in an effort to limit consumer choice," Samsung said in a statement. "We will continue to take the necessary legal measures to ensure the availability of our innovative products in the United States."

The strong sales of the S III were crucial in driving Samsung's quarterly profit to a record high in the last quarter and helped it stay ahead in the worldwide smartphone market.

In documents filed with San Jose federal district court on Friday, Apple said 21 Samsung smartphones, media players and tablets released after August 2011 were "copycat products."

"Rather than innovate and develop its own technology and a unique Samsung style for its smartphone and tablet computer products, Samsung has chosen to copy Apple's technology, user interface, and innovative style," Apple said in one document.

The Cupertino, California-based company claimed that Samsung is illegally using its eight patents. One patent is related to the way the device retrieves information in a computer system and another is about gestures on a touchscreen display to unlock a device.

Apple and Samsung are the world's two largest smartphone makers and together they control over half of the global market. They are embroiled in similar legal tussles in Asia, Europe and the United States.

In April 2011, Apple first accused Samsung of illegally copying Apple's design and technology in the smartphones powered by Google Inc.'s Android technology. Samsung countersued, arguing Apple's iPhone and iPad used its wireless technology without permission. 


http://news.yahoo.com/samsung-apple-trying-limit-consumer-choice-084739297--finance.html?_esi=1  

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

------------------------

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

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    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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