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All posts tagged "lawsuit"

Tuesday, April 24, 2012

Price Fixing or Not?

Posted by Jeff Campbell in "Apple News" @ 09:51 AM

"Apple prepares to go to trial to fight the US Department of Justice's claims that the Cupertino company conspired to fix ebook prices with publishers, former publisher of the Wall Street Journal L. Gordon Crovitz has an interesting oped in today's paper which he says that Apple's 30% profit sharing "agency model" with ebook publishers does not amount to the price fixing conspiracy that the DOJ accuses the company of."

Interesting oped from Crovitz. I especially like the quote from Apple's Eddie Cue: 'I don't think you understand. We can't treat newspapers or magazines any differently than we treat FarmVille.' And that is at the heart of this whole investigation it appears. Apple wants to, and does, treat everyone the same. If you want to operate in the Apple model and get your stuff on the iPad, you pay what everyone else does. Makes sense to me, what are your thoughts?

Friday, March 30, 2012

Class Action Suit Settlement for iPhone 4 Antenna "Problems"

Posted by Jeff Campbell in "Apple iPhone, iPod Touch, iPad" @ 08:00 AM

"In case you didn't know, Apple's iPhone 4 had some unfortunate issues with its antenna that started the "Antennagate" scandal, which ultimately led to a class action lawsuit against the company."

If you didn't partake of the original offer of a free iPhone 4 case, you can go here and submit a request for your part of the settlement. Make sure you are eligible for it though, and do to that you can go here. You have until August 28th, 2012 to submit your claim.

Friday, November 18, 2011

Apple Goes After Amazon AppStore

Posted by Jeff Campbell in "Apple Software (iPhone/iPod Touch/iPad)" @ 10:30 AM

"Apple is back in court, trying again to stop Amazon from using the term ‘Appstore,' charging advertising for the online retailer's Kindle Fire tablet misleads consumers. The tech giant wants the ads to stop, claiming they mistakenly give the impression Apple endorses the Amazon device."

This has the makings for a long drawn out war, as I don't see Amazon giving in so easy on this. I get why Apple is trying to protect what it deems is their name, but I certainly don't think people are stupid enough to be confused between Amazon's Appstore and the Apple one...or are they? What are your thoughts?

Thursday, September 29, 2011

Why Yes Apple, You Can Restrict OS X to Your Own Hardware

Posted by Jeff Campbell in "Apple News" @ 12:30 PM

"Apple has the right to continue restricting its operating systems to its own hardware thanks to a decision handed down by the Ninth Circuit Court of Appeals on Wednesday. Circuit Judge Mary Schroeder wrote in her opinion that Apple's Mac OS X licensing agreement was indeed enforceable against Psystar, which had sold non-Mac computers with Mac OS X installed."

Image Credit: AppleTell

Of course, the home enthusiasts can still "do-it-yourself" with kits that companies sell or by going online at any number of sites to get the how to instructions. At least it is very doubtful Apple would go after individuals, unless they started doing it commercially I suppose. Personally I'm glad for this since it keeps the ecosystem closed, so I know, for the most part, that software and hardware are going to mesh together well. Unlike with that other software know the one. What are your thoughts?

Friday, September 9, 2011

Germany Grants Apple Injunction Against Galaxy Tab

Posted by Jeff Campbell in "Apple iPhone, iPod Touch, iPad" @ 10:17 AM

"Samsung was dealt a blow on Friday when a court in Germany upheld an injunction blocking the sale of its Galaxy Tab 10.1 tablet in the country. Apple had requested the sales ban as part of its patent infringement suit against Samsung over allegations that the company stole the look and feel of the iPad and iPhone for its Android-based mobile devices."

"Informed customers" could tell the Galaxy Tab was designed to look like the iPad according to the court, and why wouldn't they since it is the tablet to have isn't it? I do think it's funny that Samsung said their design was "generic" when it certainly looks like an iPad. The only difference is the camera is on the side rather than the top and there is no home button. Obviously Samsung is going to appeal this but until then, they won't be selling the Galaxy Tab in the European Union and will postpone selling it in Australia until the end of September. I will be curious to see how the US court system handles this same complaint since Apple has filed for an injunction here as well. What are your thoughts on this, good? Bad?

Tuesday, July 19, 2011

Google's Schmidt Generates Some Controversy

Posted by Jeff Campbell in "The Competition" @ 04:00 PM

"Google's Eric Schmidt spoke at a mobile conference in Tokyo and addressed HTC's early loss to Apple in a patent infringement case. Schmidt believes HTC will prevail and is "not too worried about this" case. He also added that Google will "make sure" HTC does not lose this case."

Wonder how they can make sure that HTC does not lose the case other than bribing those involved, or is that what he has planned? Jokes aside, I don't think anything is a sure thing, so I find it humorous when anyone makes bold statements such as this one. The most ridiculous statement though, was when he accused Apple of using lawsuits in place of innovation in order to compete. Keep it classy Eric.

Tuesday, April 26, 2011

Lawsuits Filed Over Location Tracking...You Saw This Coming Didn't You?

Posted by Jeff Campbell in "Apple Software (iPhone/iPod Touch/iPad)" @ 04:00 AM

"That didn’t take long… Bloomberg reports that two Tampa, Florida-based iPhone customers have sued Apple over the controversial iPhone location tracking issue."That didn't take long... Bloomberg reports that two Tampa, Florida-based iPhone customers have sued Apple over the controversial iPhone location tracking issue."

This was bound to happen, I just didn't think it would happen this quick! This story says it is two Florida residents, but the story over at iLounge claims it is one person from Florida for the iPhone tracking and one person from New York for the iPad tracking that joined forces in filing this lawsuit.

Thursday, April 21, 2011

Apple To Samsung: Copy Cat!!

Posted by Jason Lee in "Android News" @ 05:00 PM

"Whoa! In the world of big-time lawsuits, this must be just about the biggest. The Wall Street Journal is reporting that Apple has sued Samsung Electronics for copying "the look and feel" of its iPad tablet and iPhone smartphone."

Well, this one could be fun to watch. I really doubt anything will ever really happen other than maybe a bit of licensing cash swapping hands. Besides, when you really get down to it does Apple even have a leg to stand on? Their complaints center around the hardware design and UI of Samsung's Android phones. Bad news for Apple is that Samsung used this design and a similar UI long before they had Android phones and even before the iPhone was released. It will be interesting to watch this one play out.

Monday, April 11, 2011

Time Warner Fighting for iPad App Use

Posted by Jeff Campbell in "Apple Software (iPhone/iPod Touch/iPad)" @ 02:00 AM

"And they're off! I thought it was weird that Time Warner was pushing so hard to get streaming cable channels on its new iPad app, but apparently it's ready to back up that stance."

And back it up they are by filing a lawsuit in US District Court asking the courts to decide if they will be able to show subscription channels on the iPad. I don't see why not, if the customer is already paying to watch why shouldn't they be allowed to watch it on whatever device they choose. It seems it is no different than what Dish Network does with their app and allowing you to stream your DVR to your device using the Sling Player. What are your thoughts?

Tuesday, March 22, 2011

And Now Some News on the Legal Front...

Posted by Jeff Campbell in "Apple Talk" @ 11:14 AM

"Bloomberg reports that Steve Jobs will have to testify in an anti-trust suite which alleges that Apple operated a music-downloading monopoly."

According to the story, this involves "Apple's blockage of RealNetwork's Harmony software which briefly allowed users to use RealNetworks' music in iTunes and on iPods. A few days after Harmony was released, Apple updated its own software to block Harmony from working in Apple's Music ecosystem." Seems like this would go nowhere but I can understand Job's getting a subpoena to testify if he had specific information related to the case. In other legal news, Apple is suing over the use of the term "App Store," and Microsoft is protesting the awarding of the trademark. It does seem like a generic term to me, unless of course you put the Apple in front of it. What are your thoughts?

Wednesday, February 16, 2011

iPad Lawsuit Thrown Out, Sort Of...

Posted by Jeff Campbell in "Apple iPhone, iPod Touch, iPad" @ 08:00 AM

"Court documents reveal that a federal judge has dismissed a class-action lawsuit, Gregg Keizer of Computerworld reports. The suit was filed in July of last year and alleged that Apple had failed to warn users that the iPad could overheat when used in direct sunlight and had falsely advertised that the tablet device functioned like a book."

The basis for the claim is that "using an iPad is not 'just like reading a book' at all since books do not close when the reader is enjoying them in sunlight or in other normal environmental environments." Frivolous is what I read just based on the complaint so I'm glad Judge Jeremy Fogel dismissed it saying the "allegations are insufficient." However it does sound like the judge may think there is some merit based on that statement, or perhaps he was just being nice. The plaintiffs have 30 days to file an amended complaint listing the specific commercial or advertisement on which they based their purchasing decision.

Tuesday, November 30, 2010

Lawyers? No App For That!

Posted by Jeff Campbell in "Apple News" @ 04:35 PM

"Steve Jobs made Apple Inc.'s iPhone one of the best-selling smartphones on the market with its touch screen, fast Web connection and access to more than 300,000 downloadable applications. Now he's adding lawyers to the mix."

Apple battles Nokia this week, and then when that fight is over, or perhaps during it, they will be crossing swords with HTC and Motorola. Interesting that they note in the article that Apple "has been the most sued since 2008, the year after the iPhone debuted."

Thursday, October 7, 2010

Motorola Versus Apple

Posted by Jeff Campbell in "Apple News" @ 06:00 AM

"Today, Motorola filed suit regarding three complaints against Apple over patent infringements. The complaints deal with antenna design and other associated smartphone technologies covered in 18 patents held by Motorola. According to Kirk Daily (via CNNMoney), Motorola Mobility's corporate VP of intellecual property, legal action was a last resort taken after licensing negotiations with Apple broke down."

This after losing a patent battle that has the potential to cost Apple $625 million USD in legal fines as well as the suit and counter-suit fight with Nokia. So it hasn't been the best week from a legal standpoint but they should be used to it, the being sued part not the losing. At least they aren't alone in the courtroom, as Microsoft is now suing Motorola. They fight hard in the smartphone world don't they?

Wednesday, July 28, 2010

Newsflash! iPad Overheats When Exposed to the Sun!

Posted by Jeff Campbell in "Apple iPhone, iPod Touch, iPad" @ 08:30 AM

"Apple was sued last week over claims that its iPad easily overheats, then suddenly switches itself off."

Part of the lawsuit claimed that when exposed to direct sunlight, the iPad heats up. Huh? Its enclosed in metal so why wouldn't it?? But I get it that they are frustrated. They planned on being able to take their iPad to the beach, or sit in the sun and read their books. Now all they get is the "iPad needs to cool down before you can use it" message and it shuts down on them. Perhaps though, they should try using a case to cover up the metal case before going out into direct sunlight? I've used mine out on our deck, in the sunlight, and haven't had this problem, but I've always had a case on it. Not sure if that has been tried by these folks since the lawsuit doesn't address it, but it sure seems like they would before going the route of a lawsuit. Or am I missing something here?

Thursday, July 1, 2010

You Knew This Lawsuit Was Coming Didn't You?

Posted by Jeff Campbell in "Apple News" @ 06:30 AM

"Numerous lawsuits were filed this week against Apple, as a number of consumers hope to take the company to task over reception issues that arise with the new iPhone 4 when the left side of the device is covered with a hand."

Less than a week and we have our first Apple/AT&T lawsuit! It does seem like a stretch to me, however, to state as one of the reasons for the lawsuit that the iPhone 4 "cannot be used for the normal purpose and in the normal manner in which such devices are intended to be used." This is from the same legal firm that posted a survey on their website asking visitors to post their problems with the iPhone 4. Interesting way to get plaintiffs for the lawsuit.

Thursday, June 3, 2010

AT&T CEO Threatens Legal Action, Over an Email?

Posted by Jeff Campbell in "The Competition" @ 05:00 PM

"When you write an email to Steve Jobs, he'll sometimes write you back a letter with the answers to your questions. Write a letter to AT&T CEO Randall L. Stephenson, though, and what do you get? A threat of a cease-and-desist, as Girogio Galante found out."

Maybe it was the 323,000th email he had received so he was a little on edge? It certainly couldn't have been the content, the two (yes two) emails he received from a customer, (one about shortening up the eligibility date on the customers iPhone and the second was a complaint about tethering), were tame according to reports. He should take the tact that Steve Jobs does and throw out some one liners. On a side note, related, you can play the "which response did Steve Jobs make to these emails" game over at The Mac Observer.

Tuesday, April 20, 2010

Speaking of Lawsuits...

Posted by Jeff Campbell in "Apple News" @ 10:00 AM

"Three months after Eastman Kodak sued Apple for patent infringement, Apple filed a countersuit accusing the film and imaging company of violating two of its own digital photography patents."

Apple says Kodak infringed on several patents relating to digital technology and the iPhone, the specifics of which can be found in the suit posted at Patently Apple. Tit for tat I guess since Kodak filed suit against Apple in January of this year regarding Apple's supposed use of Kodak technology without compensation.

Apple Sued Over Moisture Sensor in iPhone

Posted by Jeff Campbell in "Apple iPhone, iPod Touch, iPad" @ 09:00 AM

"Inside every iPhone is a moisture sensor: a small dot of liquid-sensitive material that turns bright pink if the iPhone's insides have been exposed to being submerged. It's the method Apple uses to protect itself from having to replace iPhones that clumsy customers have dropped in a puddle, their beer or a toilet."

The Californian woman claims in the lawsuit that "As a result of Apple's improper application of the Liquid-Damage Exclusion, Apple sells [devices] with the intent to exclude them from the warranty coverage Apple promises consumers it will provide-even when consumers pay extra for Extended Warranty coverage-simply because their Liquid Submersion Indicator has been triggered, without any attempt by Apple to verify whether the Class Devices actually have been damaged as a result of submersion or immersion in liquid." The reason for the moisture indicators is to determine if they have been exposed to moisture so isn't that verification? Not enough according to the lawsuit, it appears she also wants another verification done to make sure the indicator isn't faulty. It doesn't sound unreasonable to me, especially since there have been other complaints that these are too sensitive and could be faulty. What are your thoughts?

Thursday, March 25, 2010

Apple Sued by MicroUnity

Posted by Jeff Campbell in "Apple News" @ 07:00 AM

"Apple and a number of other major mobile device makers and service providers are the targets of a massive lawsuit over mobile processors from a company that has alleged the infringement of 14 separate patents."

One of 22 companies that is named in the suit, along with AT&T since they sell the iPhone. This was filed last week in US District Court in the Eastern District of Texas due to the history of favorable outcomes on the side of the companies pursuing these types of lawsuits. They seem to have thrown a wide blanket trying to cover as many smartphones as possible since they also included Motorola Droid, Palm Pre, Nexus One and the Nokia N900.

Thursday, March 18, 2010

Exercise, Just Don't Sweat

Posted by Jeff Campbell in "Apple iPods" @ 10:00 AM

"Here's an attack on Apple not likely to have Steve Jobs in a flop sweat: In a class-action lawsuit filed Thursday, a Manhattan Beach, Calif., man claims that his iPod shuffle is defective because while working out, his perspiration traveled down the earphone cord, shutting it down."

He also states employees at the Apple Store where he purchased the iPod Shuffle told him it was "ok to exercise just don't sweat." Seems reasonable right? Can't wait to see what the judge says about this one.

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