Posts tagged with: Legal
  • by |

    Apple has been dealing with blow after blow in its patent challenges recently. Samsung is getting more support for its bid to overturn a verdict for Cupertino while patent holders are getting away with more money. China has been tightening its grip on its international commerce relations recently, especially with Apple — once on branding and again on controversial content. Now, the Beijing Intellectual Property Bureau has ordered Apple to stop selling the iPhone 6 and iPhone 6 Plus in the city. Why? Because the design apparently infringed upon a patent held by Shenzhen Baili ...

    Share
    Read On
  • by |

    Broadband internet will remain a utility that the Federal Communications Commission can easily and strictly regulate, so ruled two judges to one in a federal appeals court. The decision tossed out petitions from AT&T, Comcast, Verizon and other telecom companies challenging the courts' earlier agreement with the FCC's declaration. "We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal," said David McAtee II, AT&T's senior executive vice president, also acting as general counsel for the company. Internet service ...

    Share
    Read On
  • by |

    A judge has lifted a press embargo has on court records that tell how the Royal Canadian Mounted Police cracked into encrypted BlackBerry communications. The methods were used in the investigation of a member of a New York mafia who was fatally shot in the outskirts of Montreal in 2011. The RCMP used "stingrays" — fake cell towers — to pick up on IMSI numbers, identifying the mobile subscribers that connected with it. Other information, like location, text and voice conversations, can also be extracted. Police claim they were only used to sort out suspects' phones, but not locate or ...

    Share
    Read On
  • by |

    The same Justice Department that was able to snare through a couple of iPhones' encryption is siding with Samsung on a years-long patent suit that's about to be taken up by the Supreme Court. The department has penned an amicus brief on behalf of the chaebol and against Apple, calling for a new trial. "We welcome the overwhelming support for overturning the ruling in favor of Apple, including [...] the US government," a Samsung spokesperson said. An Apple spokesperson declined to comment on the brief. The original award to Apple of $930 million has been pecked away at since it was ...

    Share
    Read On
  • by |

    With the number of ways you can be tracked everywhere you go, — many of which you actually can't control — if law enforcement are on your case, it used to be that they needed a warrant to get cellular networks to turn over location records. Not so much anymore with a ruling from the 4th U.S. Circuit Court of Appeals. The judges voted 12 to 3 that the location data being retrieved has been revealed to a third party and, therefore, does not get the protection of the the Fourth Amendment in the US Constitution against searches without a warrant. The government can compel that third party ...

    Share
    Read On
  • by |

    If you haven't had your fill of patent lawsuits last week, check out what the California Institute of Technology is filing against One Infinite Loop. Caltech hit Apple with the suit on Thursday for infringing upon its Wi-Fi patents. The university is alleging that its intellectual property was crucial to the 802.11n and 802.11ac standards and that every iPhone from the iPhone 5. Apple's Wi-Fi chip supplier, Broadcom, is actually the main plaintiff in the suit, but since Apple commands about 14 percent of its business, Caltech believes Cupertino is fair game. The Wi-Fi chips aren't the ...

    Share
    Read On
  • by |

    "I sue you, too." It's a not terribly encouraging development in the case of Huawei's legal action against Samsung on patent licensing fees, though we're probably doing the translation injustice here. The head of the chaebol's intellectual property division reacted to the rival manufacturer's suits in China and the US. "We will take countermeasures, including a lawsuit," Ahn Seong-ho said as interpreted by The Korea Herald. Huawei alleges that Samsung used its 4G technology as well as user interface and launcher software without paying the company its dues. Source: Korea Herald Via: ...

    Share
    Read On
  • by |

    What's said to be billions of dollars will not go to Oracle because of today's federal jury ruling. All ten members of the panel agreed that Google's appropriation of 37 Java APIs in its development of Android fell under the "fair use" clause of copyright law. Shortly after the verdict, Google stated that: Today's verdict that Android makes fair use of Java APIs represents a win for the Android ecosystem, for the Java programming community, and for software developers who rely on open and free programming languages to build innovative consumer products. Oracle looks to appeal. Oracle's ...

    Share
    Read On
  • by |

    Java is running hot between Oracle and Google as does the retrial over whether the latter's parent company, Alphabet, should pay licensing fees for the development platform or legally claim fair use and owe nothing. Oracle's co-CEO Safra Catz testified in San Francisco district court that Google's decision to open up Android for manufacturers to develop meant a severe drop in its Java API licensing revenues. Pre-Android era, Samsung paid $40 million per agreement to Oracle — it paid $1 million after Android came along. Oracle cut down its license fee by 97.5 percent to persuade Amazon to ...

    Share
    Read On
  • by |

    Sometimes, it's better to drop your hand than keep a finger pointed, especially when there are bigger fights to struggle through. Just recently, Microsoft has buried the hatchet with Google when it came to poor practices tattling. Microsoft and Samsung also had a patent spat settled. Now, NVIDIA and Samsung are coming to terms over licensing for a few patents related to each company's graphics technologies. This came right in front of the US International Trade Commission's final ruling on claims that NVIDIA had infringed upon three of Samsung's patents. A ruling against NVIDIA could've ...

    Share
    Read On
  • by |

    Another class action lawsuit to tell you about, this one against Motorola for recent allegations of failing to uphold support and repair services for smartphones and smartwatches guaranteed under warranty. The initial plaintiff, from Georgia, says he could not get the Lenovo-owned company to fix his first-generation Moto 360's cracked backplate for months and that when it did send a replacement unit, it had not the metal strap he originally ordered, but a cheaper leather strap. One of the law firms representing him and the class says "thousands of people" may be affected by Motorola's ...

    Share
    Read On
  • by |

    You may have a beef against contracts because they don't reveal the real cost of what you're paying for each month. T-Mobile led the industry in cutting the contracts from cellular parlance. Now, some Floridians may come to sue T-Mobile for some truly obscure costs. The class action says that the carrier misrepresenting its "no contract" claim, making customers sign not only service contracts, but device payment contracts (on those equipment installment plans) and charging the entire balance of the contract — as opposed to continuing the monthly payments — if customers decide to end ...

    Share
    Read On
  • by |

    "After an earlier run at settling this case failed, the court observed that some cases just need to be tried. This case apparently needs to be tried twice." That's what a US District Court judge in San Francisco said after settlement talks broke down between Oracle, the company that owns the Java API, and Google, which used JavaScript in building its Android operating system. The first trial, dating back to 2012, ended in a mistrial as a hung jury couldn't decide whether Google's fair use argument was valid. Oracle is looking for billions in royalties it thinks it was deprived of. Chief ...

    Share
    Read On
  • by |

    The conflicts that exist between tech companies and government forces over encryption and access to user data aren't going away anytime soon, and even as we sort through the aftermath of the FBI and DOJ's run-in with Apple over the San Bernardino iPhone, more and more news of similar showdowns in courtrooms across the nation are coming to light. Today we're learning of another recent case that may have not grabbed the same national attention as the San Bernardino one, but represents another occasion when Apple was ordered to extract user data from an iPhone, an another occasion on which ...

    Share
    Read On
  • by |

    An Arkansas prosecutor's office was the first local law enforcement agency to request the FBI's help to decrypt a case-critical iPhone. It's expected to be the first of many — we know of quite a few requests for Apple to decrypt iPhones that may be retracted and sent instead to the FBI. "As has been our longstanding policy, the FBI will of course consider any tool that might be helpful to our partners," the FBI said in a letter to local authorities. "Please know that we will continue to do everything we can to help you consistent with our legal and policy constraints." That help may ...

    Share
    Read On
  • by |

    Apple wants Samsung's money back. It is petitioning the federal appeals court that reversed a jury verdict that awarded $120 million in damages to Apple. One of its attorneys said that the appellate judge panel researched its own material, leaving it out of the trial court record and thus, deprived the company the right to an appeals trial by jury as would be provided in the Seventh Amendment. Apple wants a rehearing en banc, that is, with most of the judges in the federal circuit. An appeals court does not try a case: it only considers facts and arguments laid out in the preceding trial, ...

    Share
    Read On
  • by |

    Thanks to outside guidance, the FBI has successfully cracked into a suspected mass shooter's iPhone. Now, prosecutors from Arkansas want to take advantage of the agency's newfound skills and the agency has agreed to provide those skills to them. Faulkner County Prosecuting Attorney Cody Hiland said that his office and the Conway Police Department wanted the FBI's help in decrypting an iPhone and an iPod central to a double homicide case. Within a day of the request, the agency had agreed to provide that help. The two suspects in the case have had the start of their trial delayed until June ...

    Share
    Read On
  • by |

    The FBI may be done asking Apple to crack into an iPhone 5c from San Bernardino for it. Apple wants the agency to give up getting its engineers to decrypt an iPhone in Brooklyn. But it's not just the FBI that has asked help with accessing data from case-critical iPhones. And it's not just iPhones that law enforcement agencies have wanted to get into. The American Civil Liberties Union has uncovered 63 cases in which various agencies under the Department of Justice have compelled Apple or Google to assist in breaking the encryption of mobile devices through a 1789 statute called the All ...

    Share
    Read On
  • by |

    While the company may have had clear intentions, it certainly went on fulfilling them in a dirty, dirty way. Ringing Bells is the Indian company that came out with the Freedom 251, what's essentially a $4 smartphone. At least, that's the selling point. But when buyers got their paws on the thing, it stunk of whiteout and dishonesty. Now, an MP has decided to file a police complaint against the company and its owner and president. Kirit Somaiya of the ruling BJP claims that there was no way to make a smartphone at Rs. 251 and accused owner Mohit Goel of deceiving customers. Ringing Bells ...

    Share
    Read On
  • by |

    We're at a crossroads in Apple's fight to overturn an order issued by the FBI to assist in decrypting an alleged mass shooter's iPhone. The FBI is currently testing a hacking method it has learned from "an outside party." Apple is now saying that if the agency finds success in decrypting the San Bernardino iPhone without the company's assistance, a similar case going on in New York could go without its help. That's the argument Cupertino makes in a letter filed to federal court in Brooklyn. Apple is involved in a case where it is being asked by the Justice Department to help decrypt an ...

    Share
    Read On
  • by |

    From the beginning, the real problem of the whole Apple v. FBI case came down to decrypting an iPhone 5c that belonged to Syed Farook, one of the suspected shooters who killed 14 people at the Inland Regional Center in San Bernardino, California. The FBI and a magistrate judge ordered Apple to assist investigators in doing so. Apple has since been fighting against that order. Bullet point for bullet point, the rhetoric has flown fast between the two sides and the court of public opinion took its sways. But it could be that the underlying issue that triggered the potential question of ...

    Share
    Read On
  • by |

    Here is a list of the companies, organizations and people in support of Apple in light of its upcoming legal entrenchment with the FBI over assistance in access to an encrypted iPhone. 32 Law Professors Access Now and Wickr Foundation ACT/The App Association Airbnb Atlassian Automattic CloudFlare eBay GitHub Kickstarter LinkedIn Mapbox Medium Meetup Reddit Square Squarespace Twilio Twitter Wickr Amazon Cisco Dropbox Evernote Facebook Google Microsoft Mozilla Nest Pinterest Slack Snapchat WhatsApp Yahoo American Civil Liberties Union, ACLU of North ...

    Share
    Read On
  • by |

    When Apple was ordered to help assist the US government in decoding an iPhone 5c that belonged to the San Bernardino mass shooter, CEO Tim Cook was quick to type up and publish a response against the thrust of that court ruling. But it didn't file a formal response to the order. The federal magistrate judge overseeing the case said Apple had five business days to respond. According to two anonymous sources, instead of next Tuesday, February 23, the company is reportedly getting until Friday the 26th to compose its arguments. Three days may not seem like much time, but it's all the extra ...

    Share
    Read On
  • by |

    There were strong indications earlier this week that the European Parliament would prefer a situation in which Google's search would be chopped off from other divisions of the company. Today, the EU's legislative has passed a resolution concerning the matter, with 384 legislators in favor, 174 against and 56 abstentions. According to the resolution, “the online search market is of particular importance in ensuring competitive conditions within the digital single market”, and calls on the European Commission “to prevent any abuse in the marketing of interlinked services by operators ...

    Share
    Read On
  • by |

    Samsung is not at all a stranger to court filings, legal actions, and courtrooms in general, across the globe; however, this time the South Korean phone manufacturer isn't fighting Apple (as it does most of the times), but Microsoft. Samsung is regarding Microsoft as a direct hardware competitor (as an effect of the Microsoft-Nokia deal where the Redmond-based company acquired Nokia's Devices and Services division), and thus, refuses to pay royalties. In the light of a previous patent agreement, Samsung was supposed to help Microsoft by building Windows Phones, as well as sharing ...

    Share
    Read On
Mobile Version