June 5, 2012
Federal Judge Allows Angry Jobs Comments To Be Used In Court Proceedings
Michael Harper for redOrbit.com
When Steve Jobs asked Walter Issacson to write his biography, he gave him complete freedom to write whatever he wanted, a move completely uncharacteristic of one of the most notoriously controlling individuals. As such, Issacson talked to as many of Jobs´ enemies as he did his friends, and did not shy away from some of the more unsavory issues at Apple. Similarly, Jobs did not hold back in his responses, and now that Apple is in court with several different companies, Apple wants to make sure some of the more damning quotes are left out of testimony.
Take, for instance, Jobs' fury over Google´s Android operating system. When asked about Apple´s seeking legal recourse over wrongs they perceived Android committed against them, Jobs famously fumed, "Our lawsuit is saying, 'Google, you (redacted) ripped off the iPhone, wholesale ripped us off. Grand theft."
"I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40 billion in the bank, to right this wrong. I'm going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this.”
Apple has already asked to keep these sentiments out of the courtroom when they go into battle with Samsung this coming July. Now, as Apple prepares to head to court with recent Google acquisition Motorola Mobility over patents they say have been wrongfully used, Chicago Federal Judge Richard Posner has denied Apple´s request to keep these comments out of the courtroom, according to Reuters.
In the court filings, Apple had admitted that Jobs was “very angry” with Google´s behavior.
"To avoid any potential prejudice to Apple if Motorola attempts to use the book to appeal to the jury's passion," Apple writes in the filings, "Apple asks that the court prevent any reference to the Jobs book during the trial."
Posner denied these requests without any explanation. Also keeping quiet on the issue are representatives from both Apple and Motorola.
The small losses for Apple don´t stop there, as Posner also forbore Apple from taking the stance that any juror who uses an Apple product is predisposed to be an Apple fan or an admirer of Jobs. Posner did comment on this decision, saying, “I forbid Apple to insinuate to the jury that this case is a popularity contest,” according to Reuters.
As Jobs began to recall his storied carrier at Apple and give way to nostalgia, he became a bit of a loose cannon. His quotes to Issacson have also gone on to fuel incessant rumors about Apple´s venture into the TV market and have already been used once before in legal complaints from the Department of Justice.
The DOJ claims Apple, in addition to 5 other publishers, conspired to take Amazon under in order to create a sort of monopoly in the ebook industry. In the Issacson book, Jobs called this negotiations between Apple and the publishers an “akido move,” a quote which the DOJ latched on to as evidence. Apple fired back, reminding the DOJ what Akido Move actually means in an angry, corrective 31 page filing.
Apple filed their lawsuit against Motorola on October 29, 2010, and is accusing the smartphone maker of infringing on Apple patents on their smartphones. Apple is seeking damages as well as a ban on the sale of these devices in the US.
For those playing along at home, this is the case of Apple Inc and NeXT Software Inc V. Motorola Inc. and Motorola Mobility Inc, in the US District Court, Northern District of Illinois, 11-cv-8540.