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FTC crackdown targets operations responsible for one billion robocalls
The Federal Trade Commission (FTC) and its law enforcement partners are cracking down on robocallers. Today, the FTC announced that it's filed 94 actions against organizations responsible for more than one billion illegal calls. As part of "Operation Call it Quits," the FTC has opened four new legal cases and three new settlements, bringing the number of cases the FTC has filed against robocallers to 145.
Sony will pay out millions to spurned PS3 Linux users
A long-running lawsuit stemming from Sony's claim that its PlayStation 3 consoles would allow for third-party operating systems has finally come to a close. As Ars Technica reports, the class-action lawsuit could end up costing Sony millions of dollars for getting on the bad side of some Linux fans, and if you're one of those Linux fans, you could be in for a $55 check.
States reach $69 million settlement with three publishers in e-book price fixing case
When the US Department of Justice sued Apple and five major book publishers over alleged e-book price rigging, it immediately became clear that a few of these companies would do just about anything to avoid trial. That same day, three of the publishers -- HarperCollins, Simon & Schuster and Hachette -- elected to settle with the DoJ. Now, those same three publishers have reached an agreement in 49 states (all but Minnesota), wherein consumers will receive a combined $69 million in compensation. Specifically, the payout applies to people who bought agency-priced e-books between April 1, 2010 and May 21, 2012. Interestingly, the payout includes folks who bought e-books from Macmillan and Penguin, even though those two publishers aren't settling. As for making sure people get paid, Amazon, Barnes & Noble, Google, Sony, Apple and Kobo have agreed to identify and contact affected customers. According to ABC News, most of these retailers will give customers the option of receiving a check or a credit toward future purchases. Sony, meanwhile, will automatically issue checks, while Google will direct customers to an online submission form where they can file a claim. Whatever the method, payments are expected to begin 30 days after the settlement is approved. The DoJ settlement, which is separate from the agreement with the 49 states, is still awaiting clearance.
FTC considering new settlement process so companies can't deny wrongdoing
Google recently paid the FTC $22.5 million and Facebook was ordered by the commission to change the way it handles data, but you might be surprised to hear that both companies did nothing wrong. Well, not exactly, but by settling their privacy violation cases, the internet giants are entitled to deny any misconduct. The New York Times reports that J. Thomas Rosch, a commissioner who voted against both settlements, feels that current rules will invite "denials of liability in every case in the future." Rosch wants the policy changed so companies can't deny responsibility when settling, much like the way the SEC handles similar indiscretions. Most of his colleagues weren't in a hurry to back his opinions, but three did say that refining the process could "avoid any possible public misimpression" of how the FTC strikes such deals. The commission is expected to look at the issue in the near future, but until then, we're sure you're more than able to separate the reality from the legalese.
RealNetworks to refund $2 million, 'guilt' box stays un-ticked
Paid for subscriptions from RealNetworks you didn't ask for a few years ago? You may be eligible for a refund. Washington State's Attorney General sued the company over a free trial of its Rhapsody music service, which had a pre-ticked box for additional content that went unnoticed by many who signed up. When clients stopped the trial without also canceling the extra options, charges often accumulated in the hundreds of dollars before being seen. While admitting no wrongdoing, RealNetworks agreed to discontinue the boxes, comply with federal laws and give refunds to any customers who signed up that way between January 2007 and December 2009. If that might be you, expect a postcard from RealNetworks or check their website to apply for a refund. Hopefully you'll be less, um, ticked.
Samsung chief: we're open to a cross-licensing deal with Apple, but 4G chip shortage might last until the fall
The at times very heated legal battle between Apple and Samsung might be softening just a bit ahead of truce talks on May 21st. Samsung's mobile head JK Shin just left Seoul for the mediated discussions saying there were still "several negotiation options" on tap, including the possibility of cross-licensing patents. He warned that there was still a "big gap" between the two sides, and we'd tend to agree -- neither Apple nor Samsung is exactly backing off just yet. However, it's a definite shift in language from March, when Shin was vowing "no compromise," and it parallels Apple CEO Tim Cook's own disdain for lawsuits. We just wouldn't bet money on the two singing "Kumbaya" this week. In same breath, Shin added that an ongoing 4G chipset shortage wasn't letting up: he didn't see things getting better until the start of the fourth quarter, or October for us common folk. That's a problem for Samsung's phones and tablets most of all, of course, and in a dire case could see LTE-packing American Galaxy S III variants rely on other vendors' chips to stay on the 4G bandwagon. There's also a chance of a ripple effect on other companies that want Samsung's parts, but short of getting a peek at Samsung's inner workings, we won't know the full impact for awhile yet.
Apple, HTC ordered by judge to sit down, try and make nice on August 28th
There's a trend starting to emerge of judges wanting Apple to talk settlements with others rather than duke it out in the courtroom. Just two weeks after Apple and Samsung were steered towards talking about a potential deal, a Delaware court has ordered Apple and HTC to meet on August 28th in the hopes that they could shake hands and put an end to an increasingly hectic legal battle under the eyes of a mediating judge. Whether or not that happens is very much up in the air. Apple CEO Tim Cook has said he's not a fan of lawsuits, but he hasn't showed indications that he would take legal action off the table just yet. Likewise, HTC is no doubt eager to eliminate phone shipping delays stemming from Apple's court wins, but the lack of immediate pressure and the hopes of winning countersuits might lead it to hold off. Still, if the court's ideal vision of the world comes to pass, you could see HTC's Cher Wang shopping in an Apple Store without staff giving her the evil eye. [Image credit: mobile01]
Bethesda and Interplay settle Fallout MMO lawsuits, Interplay's rights revoked
Bethesda and Interplay have been embroiled in a legal battle for quite some time now, arguing over whether or not Interplay had the rights to create a Fallout MMO. Well, that lawsuit has finally been settled and it appears that Bethesda has come out on top. In a press release today, Bethesda announced that "under the terms of the settlement, the license granted to Interplay to develop the Fallout MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert back to Bethesda, effective immediately." Bethesda fails to make any mention of whether or not the studio will use its freshly re-acquired rights in order to actually make a Fallout MMO, however, so the future of the online wasteland remains in flux. [Source: Bethesda Game Studios press release]
Microsoft and Wistron come to terms in royalty agreement, Android and Chrome OS now targeted
We're seeing a heavy surge in Microsoft's relentless pursuit of licensing deals in light of recent patent-infringement claims. Wistron Corp, a spinoff of Acer, is the latest company to make an agreement with Microsoft in a string of lawsuits and royalty clashes that's spanned the course of two months. While we've seen Android suppliers such as Itronix and Velocity Micro come to agreements with the folks in Redmond, as well as others like Motorola and Barnes & Noble becoming courtroom fodder, this is the first time Chrome OS has been targeted. Wistron's an ODM (original design manufacturer) that supplies other companies with computers, tablets and e-readers using either Google OS, so it's not necessarily a surprise that it signed up for the Microsoft lawsuit prevention plan. Scant details are available aside from the fact that royalties will be collected as a result. Now that Chrome is involved, it not only shows that Team Ballmer isn't backing down, it appears to have even more companies in its crosshairs -- we just wonder who's next on the list. Full (albeit brief) PR after the break.
NVIDIA's faulty GPU class action settlement challenged, but time's running out
Remember when NVIDIA was caught selling defective mobile graphics chips, and agreed to provide bargain-basement replacement laptops to make a class-action lawsuit go away? At least one gentleman wasn't happy with how that went down, and is suing to see that affected customers get a fair shake. Ted Frank of the Center for Class Action Fairness says that NVIDIA has no business passing off cheap laptops, and we think he might have a case -- after all, the judge ordered that NVIDIA provide "a replacement computer of like or similar kind and equal or similar value," and it doesn't take a lawyer to see that the $400 Compaq Presario CQ56-115DX that the company's offering doesn't come close to compensating owners of faulty machines. We joked that you might be better off selling your old laptop for parts on eBay, and that might not be far from the truth. The thing is, whether Ted Frank and company win or lose in court, defective laptop owners have only two weeks remaining to sign up for whatever NVIDIA ends up handing out, as March 14th is the final deadline to have settlement claims postmarked. Read the arguments at our more coverage link, and decide for yourself.
NVIDIA's faulty laptop GPU settlement starts paying out, file your repair and reimbursement claims now
Got an old Dell, HP or Apple laptop sitting around with a defective NVIDIA GPU? The company's finally ready to compensate you. That proposed class-action settlement from late last year has been approved by a California court, and the company's taking claims for repairs, replacements and reimbursements at a specially-designated website until March 14th. If you've got an affected Dell or Apple MacBook Pro, you can get the faulty chips replaced free of charge, while HP owners get a whole new replacement computer, though considering the choices there are the budget Compaq Presario CQ50 or an ASUS Eee PC T101MT, you might be better off selling your old parts on eBay. Finally, if you've already paid to get your components replaced and have the docs to prove it, you might be able to get refunded -- NVIDIA's set up a $2 million pool to be divided among all such reimbursements. Find everything you need at the links below. [Thanks, Kalyan]
Gibson's Rock Band lawsuit ends in settlement, one way or another
Back in 2008, Gibson Guitar hoped to cash in on the Rock Band craze with a slate of patent infringement lawsuits of dubious quality, and though the firm lost to Activision a year later, its suits against Harmonix, Electronic Arts, Viacom, and six major retailers stirred something in Nashville's rock gods. Though exact terms weren't disclosed, the parties reached a settlement in a Tennessee federal court this week, and plan to bring the lawsuit to an end by June 14th. Meanwhile, we hear Harmonix v. Konami is meeting a similar end; retailers should be able to sell cheap plastic guitars with a infinitesimally cleaner conscience in a little over three months.
Apple to settle EU/iTunes case
Are you UK readers ticked off that you pay £0.79 in London but only €0.99 in Paris for the same iTunes track? Well be ticked off no more. In a yet-to-be-officially-revealed settlement, Apple has agreed to announce pricing changes that will harmonize iTunes Store per-song costs across Europe. So does this mean that we'll soon see iTunes Europe rather than the mishmash of individual country stores? It's not out of the question.
Hon Hai completely drops suit against "iPod City" journos
After folding under public (and perhaps governmental) pressure and reducing the damages it was seeking against two Chinese journalists from 30 million yuan ($3.77 million) to just 1 yuan (12 cents), Taiwan-based Hon Hai Precision Industry has now wised up and dropped the libel suit altogether. As a quick review (though we doubt that you need one), Hon Hai took legal action against China Business News' Wang You and Weng Boa following their report on the much-publicized working conditions at the Foxconn plant lovingly dubbed "iPod City," asking for compensation amounting to many times the reporters' annual salaries and convincing a court to temporarily freeze their assets. The PR nightmare ended on Sunday when Hon Hai chose not to pursue the case any further, according to China's official Xinhua news agency, and was capped off with a mutual apology between the firm and newspaper for all the trouble that the lawsuit had caused. In an encouraging sign that this method of dispute settlement may actually be gaining ground elsewhere in the world, TiVo followed the announcement by sending a bouquet of flowers to Echostar, NTP decided to return the $612 million it won from RIM inside a Hallmark greeting card, and Shannon Derrik and Stephanie Eick (the iPod lawsuit girls) realized after a mediated tea party that they wanted to forgo the legal silliness and go back to being BFFs.
Apple pays $100m to Creative in patent lawsuit settlement
Remember all that talk of Creative beating Apple to the punch with patenting various elements of the iPod's UI? Today these talks came to an end, with Apple whipping out the checkbook, and Creative (I'm assuming) throwing a party. That's right: Apple has shelled out USD $100 million to Creative for "a paid-up license to use Creative's recently awarded patent in all Apple products." Fortunately, Apple might be able to get some of that cash back if Creative is successful in suing their way to profitability licensing their patents to anyone else.There is yet another bright side for Apple, however: Creative has also hopped on board the 'Made for iPod' program, and has a slew of accessories on the way for everyone's favorite little DAP, such as speaker systems, headphones and a family of X-Fi 'audio enhancement products.'Isn't it great when everyone can just get along and play nicely together - especially when $100m says so? Check out Apple's press release for the rest of the details on the settlement.[via MacMinute]
Palm and Xerox finally settle Graffiti dispute
So we weren't even aware that this was an issue anymore, but apparently Xerox and Palm have still been battling over that "Unistrokes" handwriting recognition patent which caused us to waste several minutes of our lives learning a handful of new Graffiti 2 characters oh so long ago. Battling up until today, that is, because after nine years the two companies have finally come to a mutually-acceptable agreement, wherein Palm caves and pays Xerox $22.5 million. The deal does net Palm paid-up licenses on a total of three Xerox patents -- licenses that also apply to Access PalmSource and 3Com -- as well as a so-called seven-year "patent peace," in which the two sides agree to stop fussing and fighting about infringements pertaining to certain technologies. Does this agreement mean that we can expect to see the triumphant return of Graffiti 1 on future Palm PDAs? We're not sure, but frankly, now that we've moved on to packing QWERTY-equipped Treos, we don't really care.
