Samsung's Galaxy Tablet 10.1 is still on sale in Australia despite a ban (opens in new tab) on the Android tablet obtained by rival Apple, after an Australian retailer discovered an ingenious legal loophole that allows it to keep supplying the device.
Digital Life (opens in new tab) reports that in order to get around the ban, the retailer, dMavo, has changed the way its business operates in order to avoid legal action from Apple's lawyers. The company has created a European arm, and encouraging customers to order one online from there.
The order is fulfilled speedily by the Australian arms of the company, but because the transaction was carried out with the European operation, the tablet has technically been purchased from overseas.
Explaining how the retailer planned to defy one of the wealthiest corporations in the world, the managing director of dMavo, Wojtek Czarnocki, said: "We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday."
"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it," Czarnocki added.
He then went on to explain that it cost almost nothing to setup the new European branch of his company, making it even more profitable to begin reselling the popular Samsung Galaxy tablets.
When asked how many Galaxy Tab 10.1 devices he'd sold, Czarnocki replied: "To be honest with you, we've stopped counting ... our servers were almost collapsing on a number of occasions."
But could dMavo find itself in legal deep water? Mark Summerfield, senior associate and patent specialist at Melbourne law firm Watermark, believes so.
"I am curious to know whether they [dMavo] have actually obtained any advice from an experienced patent lawyer, because their strategy strikes me as risky," Mr Summerfield said.
"In this case, the Australian connections (corporate and individual) could be held liable for infringement, costs and damages," he continued.
"In my view, dMavo have significantly increased their risk by the very public stand they have taken."