Thursday, August 16
Apple Gallop
So, a court case has broken out between Apple and Samsung. Apple asserts that Samsung phones and tablets are too much like Apple's phones and tablets which are completely sui generis; Samsung says bollocks - and have been presenting lots and lots of prior art to prove it.
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So, a court case has broken out between Apple and Samsung. Apple asserts that Samsung phones and tablets are too much like Apple's phones and tablets which are completely sui generis; Samsung says bollocks - and have been presenting lots and lots of prior art to prove it.
Attempting to avert a months-long jury trial, Judge Lucy Koh set time limits for the presentation of evidence on both sides, giving both plaintiff and defendent 25 hours to present their case.
I just realised why this is completely wrong and a perversion of justice.
There is a tactic in debates - originally, evolution vs. creatonism debates - known as the Gish Gallop. It's pretty simple: You make whatever claims you like, rapidly and with certainty.
Then it's up to your opponent to answer each point, which necessarily takes far longer than it did to make the claim in the first place.
So if Apple gets 25 hours to make their case, Samsung should reasonably have 25 days.
This case is certain to go to appeal, and I wouldn't be at all surprised to see it declared a mistrial.
Posted by: Pixy Misa at
02:46 PM
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