Tags Legal

Apple’s Being Sued Over Force Touch and 3D Touch

Apple’s latest whizzy user interface technology is found in Force Touch and 3D Touch, both of which use haptic feedback to make touchpads and screens come to life. But it might not have been so new after all, because now Apple’s being sued for allegedly infringing three patents over the tech.

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Jamie Condliffe

February 12th

Apple

A New Bill Could Stop State-Level Encryption Bans

Some very important people think encryption is a very bad thing , which could have serious ramifications at all political levels. But at least a pair of Representatives want to stop such rumblings from becoming a problem at the state level.

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Jamie Condliffe

February 10th

Uncategorized

Uber Is Protesting Regulation Change With a Service Shut Down in Paris

The protested become the protesters. Uber is shutting down services in Paris today, to join other drivers from across the city in protest against regulations that could hurt non-taxi driving services.

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Jamie Condliffe

February 9th

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France Demands Facebook Stop Tracking Non-Users and Sending Data to US 

French authorities are not impressed with Facebook: The nation’s data protection authority has told the social network that it has just three months to stop tracking the browsing of non-users.

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Jamie Condliffe

February 9th

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Apple asks Supreme Court not to hear Samsung’s latest appeal, says the case is closed

Men are silhouetted against a video screen with Apple and Samsung logos as he poses with Samsung S3 and Samsung S4 smartphones in this photo illustration taken in the central Bosnian town of Zenica

In the patent battle that feels as if it will never end, Apple has today asked the Supreme Court not to review Samsung’s latest appeals request in the two companies’ ongoing patent feud. Back in December, it was announced that Apple and Samsung had reached a $548 million settlement, but with a catch. Samsung said in its part of the agreement that it reserved the right to reclaim reimbursement should any position of the trial be modified…

Then, Samsung announced that it was taking the legal battle to the U.S. Supreme Court and asked it to hear an appeal of the case. Specifically, Samsung wants the U.S. Supreme Court to review design patents and the notion that lower courts misapplied the law concerning Apple’s design patents.

Apple has now filed an argument with the court in which it argues that the design patents and the damages awarded were already settled issues and not worthy of review by the Supreme Court. The company argues that there is no further reason that this trial should be prolonged (via Re/code):

“Samsung had its day in court — many days, in fact — and the properly instructed jury was well-justified in finding that Samsung copied Apple’s designs and should pay the damages that the statute expressly authorizes,” Apple said on Thursday. “While this litigation may be high-profile, it is legally unexceptional, and Samsung has shown no reason for this Court to prolong it.”

For good measure, Samsung issued a reply to Apple’s statement, saying that should the Supreme Court not step in and stop this design patent precedent from being set, innovation in the tech community could be negatively impacted:

 “If the legal precedent in this case stands, innovation could be diminished, competition could be stifled, and opportunistic lawsuits could have negative effects throughout the U.S. economy,” it said in a statement.

While Samsung has already paid Apple its $548 million, Apple would be forced to reimburse Samsung if the Supreme Court changes the verdict. On the other hand, if the Supreme Court does not hear the case, it can finally be put to rest.

Photo credit: REUTERS/Dado Ruvic


Filed under: AAPL Company Tagged: Apple, court, legal, Patent, Samsung

Check out 9to5Mac for more breaking coverage of AAPL Company, Apple, and Samsung.

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Chance Miller

February 5th

Apple

Mac

A Single Facebook Tag Can Violate a Restraining Order, Says Court

A New York judge has ruled that tagging someone in a Facebook post—and the subsequent notification that it generates— is enough to constitute a violation of a restraining order.

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Jamie Condliffe

January 18th

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A proposed bill in New York would force Apple to allow backdoor access to user data, or be fined

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A new bill proposed in New York could see that all phone manufacturers be required to implement a way for law enforcement agencies to access and decrypt user devices. This bill is somewhat similar to the Investigatory Powers Bill currently being debated in the UK, which Apple has voiced its opposition towards. Apple and Tim Cook have repeatedly stated that government agencies should not have any access to user devices or data, whether be through a built-in backdoor or other means.

The bill making its way through the New York state assembly specifically states that “any smartphone manufactured on or after January 1, 2016, and sold or leased in New York, shall be capable of being decrypted and unlocked by its manufacturer or its operating system provider.” Should a phone manufacturer neglect to implement such a tool, the assembly would impose a $2,500 fine for each infringing device (via On The Wire).

While this bill theoretically doesn’t give government agencies direct access encrypted data, Apple implementing such a measure would force it to compromise its stance that there should not be a sacrifice in privacy for national security. In the past, Tim Cook has stated that any decrease in encryption, which this bill would require, would lead to unintended people gaining access to user data.

The Investigatory Powers Bill in the UK is similar and has the support of UK Prime Minister David Cameron. Like the New York bill, the Investigatory Powers Act would also mean that Apple would have to stop encrypting iPhones, iMessage, and FaceTime and hold a key with direct access to user data, again creating a backdoor.

Just last week, Tim Cook and other Silicon Valley executives met with White House officials to discuss the use of social media and technology in the fight against terrorism, radicalization, and propaganda. During the meeting, Cook again voiced his stance that there should be in no way, shape, or form, a backdoor to user data. The Apple CEO urged that it is up to the White House to make that ruling and enforce a “no backdoor” policy.

In the past, Apple has said that it has no way to access data on devices that are passcode protected by the user. In response to that, the Department of Justice came out and said that Apple should be required to unlock any encrypted data because iOS is “licensed, not sold” to customers.

The next step for the New York state bill would be a move to the floor calendar, followed by votes in the assembly and senate. Part of the bill reads as follows:

“The safety of the citizenry calls for a legislative solution, and a solution is easily at hand. Enacting this bill would penalize those who would sell smart- phones that are beyond the reach of law enforcement.

The fact is that, although the new software may enhance privacy for some users, it severely hampers law enforcement’s ability to aid victims. All of the evidence contained in smartphones and similar devices will be lost to law enforcement, so long as the criminals take the precaution of protecting their devices with passcodes. Of course they will do so. Simply stated, passcode-protected devices render lawful court orders meaningless and encourage criminals to act with impunity.”


Filed under: AAPL Company Tagged: Apple, Encryption, iOS, legal, New York, Tim Cook

For more information about AAPL Company, Apple, and iOS continue reading at 9to5Mac.

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Chance Miller

January 14th

Apple

Mac

Apple hit with class action lawsuit over iOS 9’s performance on older iPhones

ios-9-features

In a new class action lawsuit, Apple is being accused of deceptive trade practices and false advertising due to its claims of iOS 9 being compatible with older iOS devices, primarily the iPhone 4s. The lawsuit claims that iOS “significantly interferes” with the performance of the iPhone 4s and that Apple is in the wrong for not allow users to downgrade to older versions of the operating system.

The lawsuit, which has more than 100 backers, goes as far to say that the iPhone 4s was rendered essentially unusable by the iOS 9 update (via AI). The members of the suit claim that app performance, of both first- and third-party apps, was hindered by the update, as was general device performance and touchscreen responsiveness. Some members claim they experienced freezes and crashes, as well.

The actual performance of the device is just the beginning of the suit, however. The lawsuit asserts that Apple, through “internal testing and/or through other means,” was aware of the effects iOS 9 would have on the iPhone 4s, yet it went through with the update and even advertised things like increased performance and battery life as improvements in the update. The plaintiffs argue that Apple should have at least warned iPhone 4s owners of the potential issues.

It doesn’t stop there, however. The suit goes on to argue that because of the iOS ecosystem, users are far more likely to buy a new iOS device than switch to a competition platform like Android. The plaintiffs argue that users don’t want to reinvest in nontransferable content such as apps.

The plaintiffs in the lawsuit are seeking more than $5 million in damages.

iOS 9 was criticized across the board when it first launched for slowing down even the newest generation devices. In our poll, 43 percent of some 33,000 responders said their iPhone was “significantly slower after the update.” iOS 9.1, however, claimed to fix that issue for most. The plaintiffs in this case, however, argue that the primary issue is “planned obsolescence” on Apple’s part.


Filed under: iOS, iOS Devices Tagged: Apple, iOS 9, iPhone 4S, Lawsuit, legal

For more information about iOS Devices, Apple, and iOS continue reading at 9to5Mac.

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Chance Miller

December 30th

Apple

Mac

Kim Dotcom Just Lost His U.S. Extradition Hearing

A court in New Zealand has judged that Kim Dotcom can be extradited to the U.S., where he could face trial over huge copyright infringements speculated to have cost music and movie companies in the region of $500m.

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Jamie Condliffe

December 23rd

Uncategorized

Why Martin Shkreli is the best corporate villain of all time

Martin Shkreli Arrest Funniest Things

Turing Pharmaceuticals CEO Martin "Pharma Bro" Shkreli was arrested earlier today and the Internet still hasn't stopped celebrating. Shkreli's reputation as a corporate scumbag is so ridiculous at this point that if you pitched a script of his true life story to Hollywood studios, they'd reject it for being too over the top. Nonetheless, Shkreli's arrest is chock full of hilarious ironies that would make perfect material for a Wolf of Wall Street-style epic  about depravity in Corporate America. Let's go over them below.

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Brad Reed

December 17th

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