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China The Courts Apple

Chinese Court Orders Ban On Apple's iPad 190

Posted by samzenpus
from the build-but-don't-touch dept.
zacharye writes "A lawyer representing Proview International on Monday announced that the Intermediate People's Court in Huizhou, a city in southern China, ruled that distributors should stop selling iPads in China. From the article: 'The ruling, which was also reported widely in China's state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales. Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong's High Court against an earlier ruling in Proview's favor.'"
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Chinese Court Orders Ban On Apple's iPad

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  • Re:Good (Score:5, Informative)

    by Anonymous Coward on Monday February 20, 2012 @10:32AM (#39099625)

    That's all well and good, except for the fact that they paid for the trade mark.

  • Re:Good (Score:4, Informative)

    by Dexter Herbivore (1322345) on Monday February 20, 2012 @10:33AM (#39099645) Journal
    So when you pay for something, it's stolen?

    FTA: "We bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter,"

  • Re:Good (Score:5, Informative)

    by msobkow (48369) on Monday February 20, 2012 @10:42AM (#39099709) Homepage Journal

    And the company that OWNS the trademark denies that the company that SOLD it had the right to do so.

  • Re:Good (Score:4, Informative)

    by andydread (758754) on Monday February 20, 2012 @10:54AM (#39099813)
    They paid from the trademark from the Taiwan affiliate. The mainland China Corporate office has denied that apple can use that trademark in mainland China and has denied permission for the Taiwan affiliate to sell that trademark for use in Mainland China. Keep spouting Apple's talking points there without telling the whole story though carry on.
  • Re:Good (Score:4, Informative)

    by Anonymous Coward on Monday February 20, 2012 @11:04AM (#39099913)

    Typically when you buy worldwide rights, it applies to the entire world, no?

    http://www.reuters.com/article/2012/02/15/us-apple-proview-idUSTRE81E0BE20120215 [reuters.com]

    I would think if Proview has an issue, then they need to speak to whoever was claiming to own the worldwide rights to the trademark, rather than Apple. Claiming they were developing a 'similar' technology in 2000 with absolutely nothing to show for the last 12 years is a stretch in the best of cases, where their current financial situation would more likely imply that they are simply trolling trying to stay afloat given they are already going under.

    By all means though, post without telling the whole story...

  • Re:Move? (Score:3, Informative)

    by Mr.123 (661787) on Monday February 20, 2012 @11:30AM (#39100177)
    It's already happening.

    Report: Apple Has Opened a New iPad Factory in Brazil http://www.pcmag.com/article2/0,2817,2392962,00.asp [pcmag.com]

  • Re:Deja Vu (Score:5, Informative)

    by sribe (304414) on Monday February 20, 2012 @11:34AM (#39100223)

    Thats the second time you have said that, got any links to that "evidence", as its the first time I have heard it....

    Oh, come, on. It's been reported all over the place--maybe you're just tuning out anything that contradicts your "evil Apple" preconceptions. 30 seconds with google turns up plenty of references. Here's one. [allthingsd.com]

  • by sribe (304414) on Monday February 20, 2012 @11:58AM (#39100493)

    Good lord, what a load of crap to get modded insightful!

    And before anyone chimes in about the Franklin saying "Franklin was licensed to make a compatible, but not to make one that's BETTER" is just full of crap.

    Franklin did not have a license from Apple for anything at all. They just copied Apple's ROMs and OS on the theory that copyright would not apply, and they lost that gamble in court.

    Psystar was a clever way to sell "Apple Compatibles" and should have been completely legal... they probably would have prevailed if they had a legal staff like Google's.

    Well, if Psystar had sold "OS X ready" machines with instructions on how to get OS X installed and running, they might have been OK. But instead they modified OS X and sold the modified versions. Regardless of whether or not you think this should be legal, it clearly is not.

  • by tlhIngan (30335) <[ten.frow] [ta] [todhsals]> on Monday February 20, 2012 @12:11PM (#39100641)

    Franklin did not have a license from Apple for anything at all. They just copied Apple's ROMs and OS on the theory that copyright would not apply, and they lost that gamble in court.

    The only licensed use was Bell and Howell's Apple II clone. You can find them around (they're in black cases).

    Franklin's case is a bit muddy since Franklin claimed that since Apple published the schematics and ROM listing, they were free to take it and build their own. Which of course isn't true (otherwise it would doom Open Source as well - publishing the source code allows anyone to take it? No GPL advocate would go for that)

    Well, if Psystar had sold "OS X ready" machines with instructions on how to get OS X installed and running, they might have been OK. But instead they modified OS X and sold the modified versions. Regardless of whether or not you think this should be legal, it clearly is not.

    The other thing is the whole Hackintosh community was also against Psystar - they had to change their licensing of all the tools required from some freeware to explicitly "no commercial use allowed".

    Anyhow, back on topic - the ProView "iPad" was actually an iMac-styled (this was back in 2000, remember, so it was the bulbuous one) appliance computer. Not even a tablet - just an iMac ripoff design for an internet appliance.

    (Source: http://www.forbes.com/sites/timworstall/2012/02/18/proviews-ipad-was-it-an-imac-or-an-ipaq/ [forbes.com] images (marketing materials from Proview): http://micgadget.com/22151/proview-has-manufactured-20000-%E2%80%98ipad%E2%80%99-devices-this-is-what-it-looks-like/ [micgadget.com] ). Funny, apparently Compaq would have a much better claim against Apple with the iPaq...

  • Re:Good (Score:4, Informative)

    by CowTipperGore (1081903) on Monday February 20, 2012 @12:22PM (#39100759)

    If you post a URL that doesn't even support your claim, you'll get modded up? Your link simply tells us that Apple says their front company bought the worldwide rights, which we already know they claim.

    It seems there are two options here:

      * Proview China is lying in a last-ditch effort to save their company
      * Apple and/or their front company didn't do their homework

    Nothing in your link sheds any light on the issue.

  • Not a problem (Score:3, Informative)

    by WindBourne (631190) on Monday February 20, 2012 @12:39PM (#39100937) Journal
    FoxxConn is already producing their own fPad for sale in China. It is half the price of an iPad and looks, and runs exactly like an iPad.
  • by sribe (304414) on Monday February 20, 2012 @12:45PM (#39100997)

    The other thing is the whole Hackintosh community was also against Psystar - they had to change their licensing of all the tools required from some freeware to explicitly "no commercial use allowed".

    Yes, Psystar lied multiple times about the source of the bootloader modifications. They did not just rip off Apple, they ripped off open source software as well, without attribution. Their stories about almost everything they did kept changing throughout the court case--lose on one issue, change the story about what they're doing to something else and try again was their mode of operation throughout the whole case.

Real Users find the one combination of bizarre input values that shuts down the system for days.

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