O'Grady's PowerPage » Legal

Is peace on the horizon for smartphone rivals?

Posted by:
Date: Tuesday, May 20th, 2014, 08:20
Category: Apple, Business, Google, Legal, News, Opinion, Patents, Samsung

gavel_transI’m not holding my breath that the Apple vs. Samsung patent war will end any time soon, but perhaps there is hope that one day in the future, we won’t have to read any more posts or articles about the never-ending ruling appeals filed by Apple or Samsung, or at least not as many. As of last Friday, Apple and Google have agreed to drop all current patent infringement lawsuits between them and move on with their lives.

(more…)

California kills smartphone ‘kill switch’ bill

Posted by:
Date: Friday, April 25th, 2014, 09:55
Category: Apple, Hardware, iPhone, Legal, Mobile Phone, News, security, Software

Back in February, State Sen. Mark Leno (D-San Francisco) and San Francisco District Attorney George Gascon introduced a bill that would mandate the inclusion of a “kill switch” in phones sold in the state of California. If approved, the anti-theft feature would have been required to be preloaded and automatically enabled on all smartphones sold after January 1, 2015, leaving the phone inoperable if stolen. In a statement put out by Leno and Gascon at the time of the bill’s introduction, in San Francisco alone, cell phone thefts make up 66 percent of all robberies. Just over the bridge in Oakland, thefts are even higher to over 75 percent. The statement also said that recovering those phones cost consumers in the US more than $30 billion in 2012.

(more…)

BlackBerry stifles sale of Typo keyboard case

Posted by:
Date: Wednesday, April 16th, 2014, 17:51
Category: Accessory, Cases, Hardware, iPhone, Legal, News, Patents

typo-keyboards.pngOriginally announced last December, Ryan Seacrest’s Typo keyboard case for iPhone 5/5S hit a snag in January right before its planned launch as CES when BlackBerry decided the Typo’s keyboard infringed on its own keyboard designs. Typo was finally forced to halt sales of the keyboard case when an injunction took effect on Tuesday that bans it from being imported to the U.S.

According to Macworld UK, the injunction is part of a patent lawsuit filed by BlackBerry and was triggered when BlackBerry put up a US$500,000 bond with the court. The money is to be used to compensate Typo for any lost profits if it ends up winning the case. Regarding the case, Judge William Orrick of the U.S. District Court for the Northern District of California said,

“BlackBerry has established a likelihood of proving that Typo infringes the patents at issue and Typo has not presented a substantial question of the validity of those patents.”

Currently, going to the Typo website at http://typokeyboards.com simply offers an option to join their mailing list, however, much of the information about the device can still be found on the site.

 

 

A win/lose for Apple against Samsung

Posted by:
Date: Friday, March 7th, 2014, 09:36
Category: Apple, Features, iPhone, Legal, Mobile Phone, Patents

apple-vs-samsung-fightOne has to wonder how long Apple and Samsung will be at each other’s legal throats as yet another judgement has been reached in the patent battle that started in early 2011. I was not really surprised to find that there is actually a Wikipedia article about it, which can bring you up to speed if necessary. The latest set of decisions to come down from Federal Judge Lucy Koh awarded Apple approximately $930 million in damages relating to patent infringements on the part of Samsung. There’s your win. Unfortunately for Apple, Judge Koh denied Apple’s request for a permanent injunction blocking the sales of devices that infringed on those patents in America. There’s your lose.

(more…)

Governor of Arizona vetoes anti-gay bill

Posted by:
Date: Thursday, February 27th, 2014, 21:58
Category: Apple, Legal, News, Social

Brewer_SB1062_vetotweetYou may have heard that last Thursday, the Arizona Legislature passed a bill (SB1062) that would allow Arizona business owners to deny service to gay and lesbian customers, as an extension of asserting their religious beliefs. The bill, which the state House of Representatives passed by a 33-27 vote, then went to Republican Gov. Jan Brewer to be approved or vetoed. The bill immediately became the subject of criticism and protests from not only LGBT groups, but also high-profile companies and organizations. Of the latter, the most significant of these, to Arizona at least, were Apple and the NFL. Apple, in November, announced plans to build a sapphire glass plant in Arizona which would bring jobs and other income.

(more…)

Blackberry suing Typo Products over keyboard design

Posted by:
Date: Monday, January 6th, 2014, 10:53
Category: Accessory, Cases, Hardware, iPhone, Legal, Mobile Phone, Patents, User Interface

TypoKeyboard-vs-Q10

In the litigious world of  tech companies who scramble daily to protect their patents and intellectual property, you can expect anything claiming to be new and innovative to be hit by a roomful of lawyers saying it isn’t true. Such is the case with the Typo Keyboard case which was getting ready to launch at this week’s CES event in Las Vegas. Typo Products, which was founded by Ryan Seacrest and his business partner Laurence Hallier, was hit with a lawsuit from Blackberry claiming copyright infringement of Blackberry’s own keyboard design.

(more…)

Will the next NSA satellite have an Apple logo?

Posted by:
Date: Wednesday, January 1st, 2014, 08:24
Category: Apple, Consumer Electronics, iOS, iPhone, Legal, Mobile, Mobile Phone, News, privacy, security, Services, Software

geoeye-1-satellite-apple-460Well, perhaps that is a stretch, but Apple’s possible connection with the NSA was revealed in a report dating back to 2008. Reuters explains that the report outlined a system that the NSA was developing, called DROPOUTJEEP, which would be software implanted into an iPhone that allows infiltrators to push and pull and retrieve data from iPhones such as contact lists. The report didn’t actually specify any involvement by or with Apple, although the iPhone is referenced in the report.

(more…)

Apple to issue $40 compensation checks to owners of certain iPad 3G units following AT&T class action suit over unlimited data plans

Posted by:
Date: Monday, September 30th, 2013, 07:57
Category: iPad, Legal, News

applelogo_silver

If you own a cellular-enabled iPad, You might be getting a check in the mail in the near future.

Per Law360, a US district court judge in San Jose approved a proposed settlement between Apple and wireless carrier AT&T on Thursday, according to Law360. Under the proposed plan, Apple will pay US$40 to everyone in the United States who bought or ordered a 3G-enabled iPad on or before June 7, 2010.

Additionally, cellular-enabled iPad owners who did not sign up with AT&T will get a US$20 per month discount on the telecom’s 5GB per month plan for up to a year.

The class action suit is looking to rectify an issue iPad buyers faced after purchasing the tablet. Some customers may have based their decision to buy at least in part on the promise of unlimited data through AT&T, which was the first U.S. carrier to offer the iPad with cellular capabilities. In a somewhat controversial move, the telecom nixed unlimited plans in 2010 in favor of a tiered model, citing bandwidth constraints.

At the time, data was capped at 2GB per month, but subscribers can now go as high as 5GB per month, which includes tethering to other devices. As a consolation to frustrated users, AT&T allows those unlimited data plans to continue their service as long as there is no break in payments. Device tethering is not offered for grandfathered all-you-can-eat plans and once a subscriber switches to a tiered option, they cannot return to unlimited.

The deal is subject to final approval, which is expected in February of 2014. At that point, Apple will begin contacting all eligible customers to inform them of their pending settlement check.

Those who no longer own their original iPad will still be eligible for the deal as long as they didn’t sign on to an AT&T data plan with that device, due to a no-class action clause in the carrier’s contracts.

Stay tuned for additional details as they become available.

Apple revises iTunes EULA, allows Educational accounts to users under 13

Posted by:
Date: Monday, August 5th, 2013, 11:05
Category: iTunes, Legal, News, Software

applelogo_silver

Your students will be able to open Educational accounts under Apple’s revised iTunes End User License Agreement.

Per Macworld, Apple on Thursday altered its iTunes Terms and Conditions to permit children under the age of 13 to operate individual iTunes accounts created at the request of an “approved educational institution.”

Previously, Apple restricted iTunes accounts to children aged 13 or older, but the company announced it would be changing its policy with the release of iOS 7.

The new terms are as follows:
“These App and Book Services are only available for individuals aged 13 years or older, unless you are under 13 years old and your Apple ID was provided to you as a result of a request by an approved educational institution. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.”

With Apple’s new educational policies, schools will have a program to facilitate Apple obtaining “verifiable parental consent for personal Apple IDs for students under age 13.” In addition, Apple also plans to introduce better tools for teachers.

iOS 7, which is expected to be released to the public in the fall, offers new Mobile Device Management options allowing teachers to set up managed apps, configure accessibility options, and restrict changes to accounts. Teachers will be able to lock student iPads to a particular app as well, to ensure that students are “on the same activity at the same time.”

The new operating system will also bring an App Store Volume Purchase Program designed to allow educational institutions to assign apps to users while maintaining ownership and control over app licenses.

Apple’s policy shift comes as the company continues its push for iPads in educational institutions. Apple has been involved in several large deals in recent months and won a US$30 million contract from the L.A. Unified School District in June that will see the district purchasing iPads for every student in its 47 schools. Apple also met with the Turkish President earlier this year about a potential US$4.5 billion deal that would provide Turkish schoolchildren with as many as 15 million tablets.

Stay tuned for additional details as they become available.

Apple vows to aid investigation surrounding electrocution of 23-year-old woman using charging iPhone 5

Posted by:
Date: Tuesday, July 16th, 2013, 07:55
Category: Hardware, iPhone, Legal, News

applelogo_silver

It’s hard to say where this will go.

Per Reuters, Apple has said it will aid in the investigation of the death of a Chinese woman who was allegedly electrocuted when she answered a charging iPhone 5.

Apple announced the company is “deeply saddened” by the “tragic incident” that killed 23-year-old Xinjiang woman Ma Ailun. Apple vowed to “fully investigate and cooperate with authorities in this matter.”

Police say Ma was killed when she answered a call on her charging iPhone 5. The story gained traction when her sister wrote on the microblog Sina Weibo to warn other users to be careful.

Prior to the incident in China, there have been no widespread claims about faulty charging with the iPhone 5. Apple did recall iPhone 3G power adapters back in 2008 over a shocking risk that affected just a “very small” number of adapters.

Negative publicity in China regarding warranty policies prompted Apple to issue a formal apology in April. Since then, the company has been more aggressive in publicly responding to negative reports from the Chinese media.

Stay tuned for additional details as they become available.