Last week’s court ruling that imposed a ban on Samsung selling its Galaxy Tab 10.1 tablet PCs in Germany, as well as other EU nations, seems to include a serious loophole. The court in Germany has specifically banned the German division of Samsung from selling the Tab 10.1 tablet, which means there is no stopping Samsung from sourcing the 10 inch Honeycomb tablets from its headquarters in Korea or any other place for sale in Germany. Needless to say, Samsung is exploiting the loophole to the hilt so that the tablet that had invited Apple’s wrath continues to be on sale throughout Germany. The German court’s jurisdiction is limited to just Samsung’s German division and as long as Samsung Germany is not selling the tablet, the South Korean company technically can’t be held responsible for breaching the court order.
What this means is that Apple’s much publicized victory in its patent war against Samsung is largely symbolic. This until the Apple manages to prevent Samsung from selling the Galaxy Tab 10.1 in the EU sourced from anywhere in the world. Samsung, on its part, has also stated they are approaching the higher court to seek a way out of the ban imposed on them while it is pursuing a separate legal proceeding against Apple in the Netherlands.