Could Apple have falsified evidence against Samsung?

Apple has reportedly filed a second piece of modified evidence in ongoing legal skirmishes with Samsung. This was initially reported by the Dutch website Webwereld. As previously reported on Neowin, Apple filed a complaint about the design of Samsung’s Galaxy Tab 10.1 having been heavily derived from their iPad. Their complaints were discovered to have used a manipulated Galaxy Tab during the submission made to a German court. Now, the Cupertino-based company is reporting that Samsung’s Galaxy S line of smartphones is too heavily based upon the older iPhone design, during a skirmish within a Dutch court.

During a court hearing last week, Samsung’s lawyer claimed Apple had been “manipulating visual evidence, making Samsung’s devices appear more similar to Apple’s”. However, Bas Berghuis of Simmons and Simmons did not show evidence of the allegations. Webwereld, on the other hand, did. On page 77 of the complaint, Apple’s lawyers have provided imagery comparing the iPhone 3G and the Samsung Galaxy S.

The image of the Galaxy S has been modified, in order to make it more comparable to the iPhone. Analysis of the Galaxy S by Webwereld seems to have confirmed this. Webwereld also recreated the image submitted as part of the Apple complaint, alongside an accurate image of the Samsung Galaxy S.

Samsung reported the dimensions of their Galaxy S as being 122.4x64.2mm. The iPhone 3G measures 115.5x62.1mm, and Apple confirms that the Galaxy S has “some non-identical elements, such as the slightly larger dimensions”. Despite having acknowledged this in their claim, the image shown below is a comparison of Apple’s iPhone, Apple’s Galaxy S, and the real Galaxy S. Apple’s complaint about the Galaxy S has been filed in The Netherlands, and Webwereld states that the modified Galaxy S image has been shrunk from its original size by around 6%.

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28 Comments

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I just don't get it. I can make mockups of something and have a legal edge? Why not give the stupid judge the actual devices? You know what, I really hate Apple. But if that's how the legal system works in the Netherlands, then more power to Apple. This kind of s**t would never fly in the US.

If I were Samsung, I would say that the iPhone came out after the Samsung Android device. Apparently these idiots believe what is on paper instead of facts.

The funny thing is by the time the iPhone 6 comes out, iOS will look more and more like Android. iOS 5 is already going to have a similar notification system. And god knows that Apple has been playing catchup to Android by adding folders, wallpaper, multitasking, etc. By the time iOS 6 is released, Apple will finally have custom screens, widgets, GPS Turn by turn navigation, voice controls, am I missing anything else?

casper2 said,
i'll be happy the day steve jobs dies and i hope his soul burns in hell.

bad form. I look forward to the day when he is no longer head of Apple...but him being dead? You really need to look at yourself in the mirror.

Will be interesting to see who the new head of Apple would be and what will happen to the company then.

Not only has Apple manipulated the dimensions of the Galaxy S to match that of the iPhones, they are also displaying the Application icon "folder" on the Galaxy S and comparing that to the iPhones "homescreen". When the reality is, the homescreen is more akin to the far right image containing widgets as well as icons.

DaveGreen said,
I like the expression "could" used when there's pure evidence of the fact.
Wouldn't want to offend the army of Apple churchgoers round here

DaveGreen said,
I like the expression "could" used when there's pure evidence of the fact.

Because if they remove that 'could' up there Neowin would be making themselves guilty of libel which could have some heavy legal ramifications.

There is proof that two pictures (there where several dozen pictures in the galaxy tab document alone, one of which had been "edited") but there is no proof that Apple, any department of Apple or their lawyers did it or that it was done on purpose to fool the courts...

this is shocking. apple is operating like totalitarian political parties. they manipulating pictures. its ridiculous! if i manipulate pictures i can also make a brand new ferrari looking like a scrappy old vw golf. and then going to the court with it?! shame on you apple. glad i ditched my iphone long time ago could not support such companies anymore.

So what, they changed the size of it to compare it with the Iphone more clearly. They specifically state in the case that the items both have different sizes in the case which makes this whole "revelation" completely pointless and useless. The case where they changed the size of the screen on the galaxy tab was different, it was quite clear that picture was doctored, but there is no story here with the comparison between the phones.

Tk1917 said,
So what, they changed the size of it to compare it with the Iphone more clearly. They specifically state in the case that the items both have different sizes in the case which makes this whole "revelation" completely pointless and useless. The case where they changed the size of the screen on the galaxy tab was different, it was quite clear that picture was doctored, but there is no story here with the comparison between the phones.

Why change the size and then tell people they are different?...

They either think the courts are stupid and that they can't tell the similarities between phones of different sizes.

or

They adjusted the images to make them appear more similar than they really are.

The problem this has in courts is it brings their whole evidence into disrepute - what else is modified or lied about? It's not a minor mistake but deliberate alterations. The document should be thrown out of court.

lt8480 said,

Why change the size and then tell people they are different?...

They either think the courts are stupid and that they can't tell the similarities between phones of different sizes.

or

They adjusted the images to make them appear more similar than they really are.

The problem this has in courts is it brings their whole evidence into disrepute - what else is modified or lied about? It's not a minor mistake but deliberate alterations. The document should be thrown out of court.

I'll take B, Chris, final answer.

lt8480 said,

Why change the size and then tell people they are different?...

They either think the courts are stupid and that they can't tell the similarities between phones of different sizes.

or

They adjusted the images to make them appear more similar than they really are.

The problem this has in courts is it brings their whole evidence into disrepute - what else is modified or lied about? It's not a minor mistake but deliberate alterations. The document should be thrown out of court.


You know, I think that if they where going to edit pictures and try to cheat the courts they would bother to do so with more than one picture, well two now, but those pictures where part of long documents, the rest of which contained unedited photos of the devices in question

Tk1917 said,
So what, they changed the size of it to compare it with the Iphone more clearly. They specifically state in the case that the items both have different sizes in the case which makes this whole "revelation" completely pointless and useless. The case where they changed the size of the screen on the galaxy tab was different, it was quite clear that picture was doctored, but there is no story here with the comparison between the phones.

So, its ok to make the Samsung phone bigger to compare and keep the iPhone images the original size? Seems pretty damn stupid to me.

Apple need v heavy sanctions. On another unrelated subject, at least MS & Bill Gates do huge amount for charity etc....Apple do f* all. Cheap bstds.

WP7 said,
Apple need v heavy sanctions. On another unrelated subject, at least MS & Bill Gates do huge amount for charity etc....Apple do f* all. Cheap bstds.

Before engaging mouth do some homework. Not a fan of Apple, but you do need to get your act together. . .read their web pages.

Brian Miller said,
Why can Apple get away with this and not other companies?
Good lawyers. Clearly Samsung needs to hire some better ones.

You guys should digg out what Samsung do under the table before deciding which company to love or hate. ( Just if you do have to love them or hate them, i mean, do you need to ? )

If you call this Bad A** apple? Then Samsung would be evil coming from Hell.

Anyway, it was properly Apple's lawyer team's responsible more then anything else.

iwod said,
You guys should digg out what Samsung do under the table before deciding which company to love or hate. ( Just if you do have to love them or hate them, i mean, do you need to ? )

If you call this Bad A** apple? Then Samsung would be evil coming from Hell.

Are you referring to the DRAM and LCD panel cartels arranged with other manufacturers, or some other dealings?

iwod said,
You guys should digg out what Samsung do under the table before deciding which company to love or hate. ( Just if you do have to love them or hate them, i mean, do you need to ? )

If you call this Bad A** apple? Then Samsung would be evil coming from Hell.

Anyway, it was properly Apple's lawyer team's responsible more then anything else.

First off, if you're going to allude to something legitimate, you should specify what you're referring to. Otherwise you kind of look like you're trolling. No offense, but making blanket statements doesn't really further an argument.

And Second, there is no way in the world all of this photoshop work was done by a legal team. They probably couldn't even open Photoshop, let alone do some of the advanced modifications that have clearly been made. This is at the very least Apple's advertising department and most probably goes beyond that.

And Third, this is really shady. Any company that acts like this deserves the bad press they get...

iwod said,
You guys should digg out what Samsung do under the table before deciding which company to love or hate. ( Just if you do have to love them or hate them, i mean, do you need to ? )

If you call this Bad A** apple? Then Samsung would be evil coming from Hell.

Anyway, it was properly Apple's lawyer team's responsible more then anything else.

You got nothing, son. Your name alone suggests you're a fanboy. Secondly, apple is pure evil, more so than microsoft ever was, they refuse to accept the fact that their products are inferior and they are desperate now. The fact that they have to make obvious attempts to fake evidence and use the courts to get ahead tells us so.

And even if Samsung has done wrong(what company hasnt), at least their fanboys arent complete douchebags

Apple is usually spelt Ar*ehole

Screw the patent litigations, Samsung - sue Ar*ehole for fraud on 2 counts (and probably many more in the past).

But this is typical of this Apple's propoganda parade.

Open Minded said,
Lie to consumers, lie to the courts. It's actually Apple's SOP.

This is just insane. Apple is really developing a bad reputation anymore... Very shady operations...

The image they used for the galaxy tab 10.1 was even worse. They adjusted the 16:9 dimensions of the tab to look like the 4:3 dimensions of the ipad. They could even make a table top look like one of their i-devices this way.