As we all know by now Apple has been ordered by England’s Court of Appeal to publish an explanation on the front page of their website. An explanation of the fact that, contrary to impressions that might have been given elsewhere, Samsung did not in fact copy the registered design of the iPad when creating the Galaxy Tab. Which brings us to the interesting, almost existential, question of when is a page a page?
Apple first posted an explanation that was, in the opinion of the Court of Appeal, less than clear. Thus on Thursday they ruled that Apple must post one that is indeed clear. Which they have done. Apple must also provide a link from the front page of their UK website to that clear and correct explanation. Which they have done.
Or have they?
For what exactly is the definition of a page? Of a front page?
The Next Web has pointed out this interesting little point:
Apple today posted its second Samsung apology to its UK website, complying with requests by the UK Court of Appeal to say its original apology was inaccurate and link to a new statement. As users on Hacker News and Reddit point out, however, Apple modified its website recently to ensure the message is never displayed without visitors having to scroll down to the bottom first.
Now that is interesting, isn’t it? It also appears that the code was added to the site only a couple of days ago. It’s not something that has historically been there nor is it present on the US site according to Next Web.
It’s entirely possible that the code was added simply because it had to be: the size and shape of the front page just requires that scrolling be done to see anything extra added to said page. Or one could be slightly more cynical and think that it was done so as to leave said link visible only to those who scrolled and thus perhaps less visible than the Court of Appeal desired that it be.
Which leaves us with that existential question: what is a page? Is something you have to scroll to see part of the front page of a website? I can see good and decent arguments either way on that really.
I have absolutely no idea which way the judges would go on this if it were referred to them again. And I think I’m right in saying that it would be up to Samsung to make the complaint about it for them to even consider it. But what’s your opinion? Necessary and valid redesign of the site or somewhat churlish defiance of their Lordship’s will?
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