Australian Retailer Sells Galaxy Tab Despite Injunction: “We Will Not Bow Down To Apple.”

Australian Retailer Sells Galaxy Tab Despite Injunction: “We Will Not Bow Down To Apple.”

Photo by Mark Sardella - http://flic.kr/p/9hRsca

An Australian retailer is playing a bit of ‘cat-and-mouse’ with Apple and a recent court ruling blocking sales of Samasung’s Galaxy Tab 10.1. Any hope of staying off Apple’s radar, however, vanished with a taunting online note and offshore servers melting under the crush of demand.

Retailer dMavo is at least one Australian firm attempting to bypass a court injunction against sales of Samsung’s tablet. According to the Sydney Morning Herald, dMavo is getting around the sales ban by using a European company outside the court’s jurisdiction. The Galaxy Tab 10.1 devices are then sent from Asia to customers.

The end-run by the company is reportedly being greeted with a ton of sales by Australian consumers unable to buy locally. In fact, demand has been so heavy that dMavo’s servers experienced some trouble. The company has also not been shy to talk about avoiding the court sanctions. Before removing it, dMavo displayed this message on its Galaxy Tab 10.1 order page: “We will not bow down to Apple.” Naturally, such bravado prompted quite a few calls from reporters, who all found the company owner ready to talk.

“Was Apple just bluffing or do they really want to play the cat and mouse game? We’re up for it,” said the retailer’s managing director, Wojtek Czarnocki. Patent attorneys have told the Sydney publication dMavo could be hit with significant fines if found to be flaunting the injunction. Any profits from the European deal cannot wind up back in Australia or come in contact with any Australian company, they warned. The retailer could also be hit by a court wanting to ensure the legal system retains its authority.

At any rate, dMavo is anxiously awaiting Samsung’s Nov. 25 court appeal of the injunction, hoping the South Korean firm can overturn the Apple victory before the tech giant’s well-financed legal team lands like a ton of bricks.

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  • prof_peabody

    stupid retailer is stupid

  • Len Williams

    One thing to note: The Australian LEGAL SYSTEM determined Samsung had violated Apple’s copyrights. These courts are third parties and impartial, and do not have an interest in either Apple or Samsung’s affairs except to determine whether existing copyrights have been violated. So, it’s not the retailer against Apple–the retailer is going against Australian LAW and is actually saying they won’t abide by Australian law.

  • JRD

    Everyone bows down to Apple eventually. These guys shouldn’t try to be a hero, as they will be crushed.

  • iDaBoss

    Resistance is futile. *salutes*

  • mrjones11

    And there’s some guy on a street corner in Manhattan with a suitcase full of fake watches thinking “I won’t bow down to Rolex !”. Give me a break…

  • Robert Norris Hills

    How is this any different than Apple saying it will continue selling ipads and iphones in Germany through another company. 

  • Eric

    You play with the bull, you get the horns.  There’s a right way and a wrong way of doing things.  Then there’s the smart way.  This retailer hasn’t figured out the smart way.

  • Bnnttdlm

    Because Apple are allowed too…

  • imajoebob

    Where’s the click for ordering dMavo heroin?

  • dMavo

    Hi everyone,

    The current injunction only applies to Samsung Australia and NOBODY else. Apple’s threats and antics against all 3rd parties, ourselves included, in an attempt to stop the sales of those tablets, had not been well received especially as Apple’s demands have no legal basis.

    The above is especially true where Apple had demanded to obtain private data about consumers who had bought the Samsung Galaxy 10.1 tablet from us, which would be a clear breach of the Privacy Act should we comply.

    November 25 is when Samsung Australia is appealing the injunction so it will be very interesting to see what happens on that day and beyond.

    At this stage, we have no intention to bow to Apple’s intimidation tactics as they have no right to make the demands they had made.

    Read the current Court Orders here:
    https://www.comcourts.gov.au/f

    We’d like everyone to be a bit more informed about the current situation in OZ and hence we have taken to comment on a number of articles around the globe.

    Stay tuned!

    Cheers,
    dMavo

    http://www.dmavo.com.au

About the author

Ed SutherlandEd Sutherland is a veteran technology journalist who first heard of Apple when they grew on trees, Yahoo was run out of a Stanford dorm and Google was an unknown upstart. Since then, Sutherland has covered the whole technology landscape, concentrating on tracking the trends and figuring out the finances of large (and small) technology companies.

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