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Apple v. Samsung: Magistrate Judge Paul Grewal References Tribbles in Order Re Sealing ~pj |
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Friday, February 01 2013 @ 03:27 PM EST
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More denials from the magistrate judge in Apple v. Samsung on new requests from the parties to seal documents. More sealing requests, you ask? Does this ever end? Yes, another long list, mostly denied. To the magistrate judge, the Hon. Paul Grewal, it feels like an invasion of
Tribbles -- everywhere where he looks, there are more of them:
"What tribbles are to the Starship Enterprise, Captain Kirk, and Mr.
Spock, the parties’ ever-multiplying sealing and redaction requests are
to this case, Judge Koh, and the undersigned."
I know. All of a sudden, you like him.
: )
But Apple and Samsung must be groaning. The trouble with Tribbles, of course, is that there's no seeming end to them -- "they are born pregnant" and threaten to consume all the onboard supplies, but Judge Grewal, like Spock, is immune to their effects, so he refuses most of the requests, saying over and over that the parties have failed to show in a particularized way how revealing the materials would be harmful. But as I read the list I can see how they might be, particularly because the parties are suing each other all over the place, not just in this one courtroom. Having said that, as a member of the public, I'm personally looking forward to reading every last one of them. I find these Tribbles adorably appealing.
His orders:
02/01/2013 - 2222 -
ORDER GRANTING-IN-PART AND DENYING-IN-PART MOTIONS TO SEAL by Judge Paul
S. Grewal denying 600 Administrative Motion to File Under Seal; denying
613 Administrative Motion to File Under Seal; granting in part and
denying in part 781 Administrative Motion to File Under Seal; granting
in part and denying in part 782 Administrative Motion to File Under
Seal; granting in part and denying in part 801 Administrative Motion to
File Under Seal; granting in part and denying in part 819 Administrative
Motion to File Under Seal; denying 857 Administrative Motion to File
Under Seal; granting in part and denying in part 934 Administrative
Motion to File Under Seal; granting in part and denying in part 939
Administrative Motion to File Under Seal; denying 965 Administrative
Motion to File Under Seal; granting in part and denying in part 984
Administrative Motion to File Under Seal; granting in part and denying
in part 986 Administrative Motion to File Under Seal; denying 987
Administrative Motion to File Under Seal; granting in part and denying
in part 990 Administrative Motion to File Under Seal; granting in part
and denying in part 994 Administrative Motion to File Under Seal;
granting in part and denying in part 996 Administrative Motion to File
Under Seal; denying 1041 Administrative Motion to File Under Seal;
granting in part and denying in part 1044 Administrative Motion to File
Under Seal; granting in part and denying in part 1047 Administrative
Motion to File Under Seal; denying 1056 Administrative Motion to File
Under Seal; denying 1067 Administrative Motion to File Under Seal;
denying 1074 Administrative Motion to File Under Seal; denying 1088
Administrative Motion to File Under Seal; granting in part and denying
in part 2149 Administrative Motion to File Under Seal, granting 2141 .
(psglc2, COURT STAFF) (Filed on 2/1/2013) Modified on 2/1/2013 (ofr,
COURT STAFF). (Entered: 02/01/2013)
02/01/2013 - 2223 -
ORDER GRANTING MOTION TO SEAL DOCUMENT IN PART by Judge Paul S. Grewal
granting 2117 Administrative Motion to File Under Seal (psglc2, COURT
STAFF) (Filed on 2/1/2013) (Entered: 02/01/2013)
As you can see, he lets them seal some documents and some in part and some he'll let them try again if they file a more particularized motion. But here's a few items from the long list that he won't let them seal. Do you think if you were Apple or Samsung, you'd prefer that we in the peanut gallery -- and competitors and their lawyers -- not get to read the following from this excerpted list?
I know I'd be interested in reading all these experts telling all the ways Samsung doesn't infringe Apple's patents, including the expert stating that some of them are invalid. And wouldn't everyone like to know exactly what Samsung components Apple uses in its products or what Apple did in discovery that was "problematic"? And I know without asking you that you are interested in details on "information about the operating systems in its devices". For Apple, this case has been a bit of a worst nightmare, in that the more people learn about the nuts and bolts of the company's business, the less magical it all appears. It's like pulling back the curtain in the Wizard of Oz. Magistrate judges don't count that as a good reason to seal, of course, but to tell you the truth, I feel for Apple. This lawsuit has been detrimental to its brand in a very big way. Even if they someday collect a billion dollars, which I doubt, things will never be the same. But then again, Apple initiated this lawsuit, and once you file a lawsuit, the other side does get to rummage through your underwear drawer, and in the US, you are gambling that a judge will let you keep certain materials from the public. In this courtroom, that gamble failed.
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Authored by: IMANAL_TOO on Saturday, February 02 2013 @ 04:36 AM EST |
"I know. All of a sudden, you like him."
Yes, things are changing. Back
in 1992 (Oh, is it really that long?!) Bill Clinton became the first cool, yes,
and I mean cool, president ever.
See for
yourselves.
People who dare to go out of the box without losing
dignity tend to be more likeable. Judge Grewal already has my
vote.
--- ______
IMANAL
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Authored by: lnuss on Saturday, February 02 2013 @ 07:50 AM EST |
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Larry N.[ Reply to This | # ]
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Authored by: lnuss on Saturday, February 02 2013 @ 07:51 AM EST |
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Larry N.[ Reply to This | # ]
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Authored by: lnuss on Saturday, February 02 2013 @ 07:55 AM EST |
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Larry N.[ Reply to This | # ]
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Authored by: lnuss on Saturday, February 02 2013 @ 07:56 AM EST |
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Larry N.[ Reply to This | # ]
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Authored by: Anonymous on Saturday, February 02 2013 @ 07:59 AM EST |
That was one OS the best episodes of the original series. As I've been
writing more fiction myself, I've ended up trading message with David
Gerrold one or twice. Man has a wicked sense of humor.
Way e
http://madhatter.ca
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Authored by: Anonymous on Saturday, February 02 2013 @ 09:05 AM EST |
Apple (A$) has grown to deserve as much spite as M$. Apple
deserves no sympathy what so ever.
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Authored by: Anonymous on Saturday, February 02 2013 @ 11:00 AM EST |
"This lawsuit has been detrimental to its brand in a very big way."
It's a little hard to feel that much sympathy for self inflicted injuries.[ Reply to This | # ]
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Authored by: albert on Saturday, February 02 2013 @ 11:39 AM EST |
.. I don't like the Tribbles metaphor. Tribbles were cute and harmless. I'm
thinking along the lines of head lice, or roaches, or that itch that just
doesn't go away..[ Reply to This | # ]
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Authored by: mtew on Saturday, February 02 2013 @ 02:57 PM EST |
Intended pun?
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MTEW[ Reply to This | # ]
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Authored by: Anonymous on Saturday, February 02 2013 @ 03:40 PM EST |
Doc.2222:
The proposed redactions consist of information regarding
Samsung’s participation in standards setting organizations,
...
primarily consists of a dispute between the parties’ attorneys
about the breadth of the attorney-client privilege.
...
Apple seeks to redact portions describing its use of
Samsung components in its devices
...
Apple seeks to redact portions of the deposition describing
whether alternative designs for the corners of the original
iPhone were considered.
...
he discusses his methodology in analyzing Apple’s
licensing agreements. He does not reveal the content
of any of the agreements &c, &c, &c.
Magistrate Judge Grewal seems to have come the realisation that
this is a commercial dispute between the parties that has little
to do with patents, or contracts, and that everything should be
on the table open, or not here at all. He also is probably annoyed
with himself and Judge Koh that they didn't a lot earlier do a Posner,
send both parties away with a flea in their ears.
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Authored by: Anonymous on Monday, February 04 2013 @ 12:29 AM EST |
As an employee, it is usual that the copyright for code I write is owned by my
employer. As an external supplier/contractor you better believe that if the
contract is to transfer copyright of work I create, it should be compensated in
that contract. More typical is a license including a license for that source
code.
In the case of a student who is not being paid to attend class, indeed is
compelled under a legal burden to attend and cannot simply decline and
negotiate for a better offer that does not involve giving up their copy rights,
this is *NOT* business as usual. In fact, if you want to consider the flow of
finance in this transaction, it is often the student is the paying customer of
the educational institution - how do you feel about paying someone to take
that burdensome copyright off your hands?
The main lesson you are teaching students here is that their entire life's work,
everything they produce from their own labor, every original contribution and
though, already belongs to someone else. How does that inspire a generation
to create and build something new? Or do we want a generation of
consumers of nothing but imported content? (Jumping to the likely
conclusion of a generation trained to pay to consume, with active dis-
incentive to produce)[ Reply to This | # ]
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Authored by: DannyB on Monday, February 04 2013 @ 10:49 AM EST |
I have none.
This isn't the Apple computer that I loved in the 80's and 90's. It isn't the
Apple that was so far ahead of the rest of the industry that it looked like
everyone else would never catch up. It wasn't the Apple that produced a torrent
of innovations the just kept coming and coming seemingly without end. It wasn't
until the mid 90's with Copeland and the dire need for a real OS underneath that
things started falling apart.
I have to admit being charmed by Steve Jobs when I was younger. He was
attractive, well spoken and seemed to have a lot to do with the seemingly
endless innovations pouring out of Apple.
My delusion was somewhat shattered when both (A) Apple stumbled in the early to
mid 1990's, and (B) I read The Mac Bathroom Reader. This book was very credible
to me because many things it said matched up with my personal knowledge, yet
many things I didn't know I found to be quite shocking about Steve Jobs. I had
never had any idea of how badly he treated people in general, and some people in
particular.
I was unhappy with Apple going with NeXT for its new OS instead of BeOS. I had
a lot of high end and expensive Apple hardware. It was clear that a new OS
would be along in a few years before my hardware "aged out" and was
not usable. Apple in one step obsoleted a huge amount of hardware -- and
software, prematurely. I got into Linux. I didn't have bad feelings about
Apple, I just wished them well and moved on with this new exciting Linux thing.
And OpenOffice. And other things. It was like I had discovered an endless
toybox of cool stuff in open source.
I had expected a patent thermonuclear war for a few years. I just didn't think
it would be Apple, yes *apple* of all companies, to start it.
After Steve Jobs death, and a lot of information becoming more public about his
life, I had a complete change of heart about the man. If I had known in my
youth what I now know, I would not have been as spellbound. In hindsight, Apple
never was about "the rest of us" it was about "the rich of
us".
I had realized that a lot of the innovation in the earlier Apple had happened
without Steve Jobs help. It happened after he left when he was stripped of his
power by Scully. In fact, it was Jobs who was holding things back. I did
personally know in the early days that it was Jobs who insisted that the Mac
have only 128 K and that's it. Forever. Software developers (including myself)
were screaming at Apple that if they wanted cool third party software they
needed to add some memory to the machine to enable the kind of promise that
people could see in the Macintosh. It was Jobs who didn't see the need for a
hard drive. Really? How do you do anything with two incredibly slow floppy
drives? It was Jobs that said "no color" and "no slots".
It's amusing that the Mac II was the first huge advancement after Jobs left, and
that's when the flood of innovations came. Lots of memory. Color. Slots.
CD-ROM. Lots of SCSI peripherals. ADB. Ethernet cards. Huge monitors. Much
better graphics cards. And so on.
But back to my subject line. Not only did Apple start this thermonuclear war,
it is clear to me that Apple wants nothing less than an absolute monopoly on
smartphones, and perhaps even mobile phones in general.
Now I believe monopolists are evil. And Microsoft's history is like a
re-telling of the book Big Blue: IBM's Use and Abuse of Power. But if Apple had
gotten the monopoly that Microsoft had, it is clear to me now that Apple would
have been far worse.
It is clear that Steve Jobs was passionate in his dislike or even hatred of
Android. But that passion is because these pesky kids at Google disrupted his
dream of having an absolute monopoly on a unique high priced product.
I find Apple's arrogance distasteful. (And I have to admit to the "been
there done that" when I was younger and an Apple fan.) But Pride goes
before destruction, and haughtiness before a fall.
I have no sympathy. Let Apple burn.
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The price of freedom is eternal litigation.[ Reply to This | # ]
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