Judge Rules on "Racist" Statement in Apple vs Samsung Case

[Karloff]

Judge Rules on "Racist" Statement in Apple vs Samsung Case

The jury's out, and a decision's due any day.

The continuing saga of the Apple vs Samsung trial [http://www.escapistmagazine.com/news/view/129649-Says-Samsung-To-Apple-We-Owe-But-Not-That-Much] nearly came to grief when, after the jury had retired to consider its verdict, Apple's attorney was accused of making a racist statement in his closing argument. Samsung's attorney asked for a mistrial, but Judge Koh turned him down, though she did give the jury extra guidance, reminding it that personal likes or dislikes, opinions, prejudices, or sympathy were not to influence its verdict.

The problem arose when Harold McElhinny decided it would be a good idea to talk about televisions. "When I was young, I used to watch television on televisions that were made in the United States," he said, but alas, those halcyon days are no more. "They didn't protect their intellectual property," said McElhinny. "There are no American TV manufacturers today."

Samsung's Bill Price claimed it was a direct appeal to racial bias, adding that there was "absolutely no evidence" that McElhinny's statement, that strongly implied US companies had been driven out of business by foreigners stealing their IP, was correct. But I didn't say Asian, protested McElhinny, and his co-counsel, Bill Lee, chimed in, saying he was Asian, and he didn't think McElhinny's statement was racist.

Though Judge Koh, the first person of Asian American ancestry to serve as a Federal Judge in the Northern District of California, turned down Samsung's request for a mistrial, Samsung's legal team has already promised to cite McElhinny's statement [http://www.law360.com/ip/articles/489923?nl_pk=238b8121-8786-4695-a4e9-345eb48bbe1b&utm_source=newsletter&utm_medium=email&utm_campaign=ip] in post-trial filings.

Source: Ars Technica [http://www.law360.com/ip/articles/489923?nl_pk=238b8121-8786-4695-a4e9-345eb48bbe1b&utm_source=newsletter&utm_medium=email&utm_campaign=ip]


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[hentropy]

This whole trial makes me sick, and it's clear the definition of "intellectual property" has extended far beyond what it was originally designed to cover. Apple trying to blame decline of American TV manufacturers as the Japanese stealing IP is patently ridiculous, maybe not grounds for a mistrial but hopefully the jury will see the ridiculousness of their argument for what it is: extreme stretching of the topic to try to appeal to their emotions.

And yes, the use of the word "patently" in the above paragraph was on purpose.

 

[Roxas1359]

Man this trial is just depressing. It really shows how badly the patent system needs reformation as these lawsuits from patent trolls like Apple are just getting worse and worse.

 

[Aeshi]

Honestly, that seems to be really stretching what can be called "racist" even if the fact is false, let alone if it's true.

 

[Reed Spacer]

Man this trial is just depressing. It really shows how badly the patent system needs reformation as these lawsuits from patent trolls like Apple are just getting worse and worse.

I dunno - some of 'em were pretty damn funny.

Remember that dumbass that sued anyone who used the word 'Edge' in a game title?

 

[thiosk]

Man this trial is just depressing. It really shows how badly the patent system needs reformation as these lawsuits from patent trolls like Apple are just getting worse and worse.

I dunno - some of 'em were pretty damn funny.

Remember that dumbass that sued anyone who used the word 'Edge' in a game title?

\

funny unless its you getting sued.

anyway, not racist.

 

[Hero in a half shell]

I fail to see how saying "TVs used to be made in America, unfortunately they are now made overseas" is in any way racist.

A false equivalency possibly, an appeal to patriotism maybe, but racist? That's utter bollocks.

I hope I live long enough to see the day when either the patent system is reformed, or someone goes postal on the patent trolls that perpetrate this crap.

 

[hentropy]

Honestly, that seems to be really stretching what can be called "racist" even if the fact is false, let alone if it's true.

It's implying that the Japanese were a bunch of sneaky thieves who stole American ideas. It might not sound racist today, but at one point in the post war years before the 70s or so it was a common stereotype leveled at Japanese companies by people who were still pissed about WWII well into the 60s. It of course started with Pearl Harbor, which most people saw as a "sneak attack" while Japan was still ostensibly partners with us. It may seem like a stretch to us now, so many years later, but it's not easily forgotten by others.

 

[rasputin0009]

I'd consider it a xenophobic comment that was trying to appeal to the general American's fear of non-Americans. I'm only saying it's the "general American's" view because their policies and media support xenophobia. The statement also comes into the whole "They took our jobs!" argument, too. And since xenophobia stems from racism, I'd go with ya, it was pretty racist.

 

[RhombusHatesYou]

The problem arose when Harold McElhinny decided it would be a good idea to talk about televisions. "When I was young, I used to watch television on televisions that were made in the United States," he said, but alas, those halcyon days are no more. "They didn't protect their intellectual property," said McElhinny. "There are no American TV manufacturers today."

...

That's a really odd thing to say for someone representing a company that outsources all its manufacturing to Asian companies.

 

[AstaresPanda]

These are the same assholes who said rounded corners on smart phones is AN APPLE IP. The fuck ? Apple needs to stfu, i would like the think the jury is just as sick of it as we are and calls them on stretching it out like that, im pretty sure tv's are not made in the USA coz hey American capitalism its cheaper to make the overseas. But in an american court you know its going to be in favour of Apple.

 

[Baresark]

Apple needs to die. They are some of the worst IP offenders around. They literally use it to steal from the consumer and inhibit competition. Within the next 10 or so years, I have full expectation of them repeating the same mistakes they made in the late 90's. Only this time, no one will just give them money to save them. It will be better for everyone.

Also... it's rather strange that the Apple lawyer would pull this statement considering that nothing from Apple is made in the US. That literally has nothing to do with IP's at all. The way these leeches stretch everything around like they do, you will have countries only making goods for their own nation, and the world economy will crumble. This whole thing shows the fundamental flaws that this protectionist bullshit brings about.

 

[Tien Shen]

Bringing up the demise of US tv manufacturers due to Asian competition (and their demise wasn't due to IP being stolen) which is unrelated to the case at hand of an Asian company vs an American one, in an attempt play on the jurors' sense nationalism/patriotism? For some reason I am reminded of this-> http://www.youtube.com/watch?v=b-1pmmajr2Q

 

[wulf3n]

"When I was young, I used to watch television on televisions that were made in the United States," he said, but alas, those halcyon days are no more. "They didn't protect their intellectual property," said McElhinny. "There are no American TV manufacturers today."

Haha, If the creator of the television John Logie Baird [http://en.wikipedia.org/wiki/John_Logie_Baird] protected his IP there would have never been "American" televisions to begin with.

 

[Jadak]

I fail to see how saying "TVs used to be made in America, unfortunately they are now made overseas" is in any way racist.

A false equivalency possibly, an appeal to patriotism maybe, but racist? That's utter bollocks.

I hope I live long enough to see the day when either the patent system is reformed, or someone goes postal on the patent trolls that perpetrate this crap.

It's not racist so much as it demonstrates racial bias, where the comparison was designed to draw sympathy to the 'poor American companies' at the expense of those 'job stealing asians'.

A bit of a push to take it that way, and obviously the judge did not. But that's what it looked like, trying to gain points by racial distinction alone.

 

[Blood Brain Barrier]

I fail to see how saying "TVs used to be made in America, unfortunately they are now made overseas" is in any way racist.

A false equivalency possibly, an appeal to patriotism maybe, but racist? That's utter bollocks.

I hope I live long enough to see the day when either the patent system is reformed, or someone goes postal on the patent trolls that perpetrate this crap.

It's not racist so much as it demonstrates racial bias, where the comparison was designed to draw sympathy to the 'poor American companies' at the expense of those 'job stealing asians'.

A bit of a push to take it that way, and obviously the judge did not. But that's what it looked like, trying to gain points by racial distinction alone.

What's more is, I can see it working better than most arguments. I don't see why cases like these need to have juries. Some people are incapable of resisting the appeal to their own circumstances, that much is clear. A lot of people lap that "dey took ur jebbs" stuff up.

 

[Deathfish15]

What I find ridiculous is that Apple made such a statement in the first place, considering that most of their overpriced products are all made overseas by FoxxConn. Sure they have an R&D department in the US, same with some offices and stores to sell their overpriced products, but everything else is overseas. Why? Cheap labor that borders on slavery and tax evasion on the whole production system.


Even the average iPhone user -er, I mean "idiot"- can tell that Samsung's products are not iPhones. They have different aesthetic looks, different OS's, and just are overall different. Just because a few features become common place doesn't mean it's Copy.

 

[schrodinger]

SNippy

*sees avatar*

competition


Anyways, I wished they would either throw out this ridiculous case or Apple gets fined for wasting everyone's time with this obnoxious amount patent trolling. This 'racist' point is now taking this into parody levels, and especially with this remark:

"When I was young, I used to watch television on televisions that were made in the United States," he said, but alas, those halcyon days are no more. "They didn't protect their intellectual property," said McElhinny. "There are no American TV manufacturers today."

Ironic coming from the very company that uses Foxxcon, the Chinese company that nearly had a mass suicide a couple years ago. Oh Apple, better stop talking before you'll start swimming in your own bullshit