The out-of-the-box phone I got had it's software update capabilities on by
default. I explicitly disabled that.
If the out-of-the-box phone that
they agreed to use had that enabled and the Lawyers all agreed not to change a
single setting on it - then it is quite conceivable that some software update
automatically occurred and changed things.
What are the odds that they
asked a technical expert to review the software settings and change the specific
setting(s) that were needed to ensure the phone was frozen in it's existing
state?
I'm thinking: probably slim to none!
Especially given the
discussion was surrounding what evidence to show in the Court room. Why would
you need any technical expert to help decide that?
Given the above - and
it would have to be confirmed: I think the obvious (to me) answer about the
differences is quite clear and, if correct, no one should be in trouble in any
way.
As it is - it seems to me the Judge is thinking:
someone is
messing with my Court
Apple is thinking
Samsung is deliberately messing
with the evidence
And Samsung is thinking
Apple is deliberately messing
with the evidence
And the reality could very well be:
It's none of
those - just a simple case of forensics not doing their proper job and freezing
the evidence so it doesn't change.
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