I believe the GPs point is that judges do not take kindly to cat-and-mouse games, where you technically follow the court order by the letter but twist and turn it in such a way that it's spirit is violated. The order is not intended as a challenge on how to best wriggle out of it, and just because the court did not explicitly specify every last detail of how the message must be displayed does not mean that it will tolerate any tricks.
By that token, though, the court did specify what they wanted: a link, 11pt text. So they'd not afraid of specificity. If they're wanted something more attention-grabbing, they could've said it must include, e.g. "a graphic at least x pixels by y pixels."
They don't have to also specify that the text should be in a color different than the background and is not covered by a black rectangle.
There are rules for contempt of court. They include jail time. They should be applied for such repeat contempt.
What would that achieve? The people making the decisions are in the US, outside of the UK's jurisdiction. So the court would have to go after some minion in the UK office, punishing someone for the sake of punishing someone rather than for the sake of justice.
That wouldn't be a case of the Nuremberg defense, which is the excuse that "I was just following orders". It's entirely possible that none of the Apple employees in the UK were involved in the decision or implementation of how to post their court-mandated apology. In that case, the only employees in the UK's jurisdiction would be guilty only of working for the guilty corporation.
From the link: One of the most noted uses of this plea, or "defense," was by the accused in the 1945–46 Nuremberg Trials, such that it is also called the "Nuremberg defense". The Nuremberg Trials were a series of military tribunals, held by the main victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany.
You don't get it. The phrase "Nuremberg defense" is not a reference to the trials, it's a reference to the type of defense. So, if you here that in conversation, they aren't equating the situation to the holocaust, but rather the type of defense used (I was just following orders).
The only person equating anything to the holocaust was you.
Judges aren't friggin robots. You don't get to fuck around and have them go "BEEP BOOP WELL TECHNICALLY NOT A VIOLATION BEEP BOOP".
The whole point of a judge is to, well, use his/her judgement. If this judge thinks Apple is fucking with him AGAIN, I can't imagine he'll be at all lenient. Apple is holding his authority in contempt.
Indeed. Do we need studies that show people do scroll below the fold? I noticed that on the Apple homepage the modules cut off at the bottom (on my resolution) it's clear there is more to the page. Seriously, it's 2012. Do we still have to fight about 'the fold?'