Couldn't fit those last two Oingo Boingo albums on your Zen when you thought you had enough space? Get ready for payback, because if you own a Creative Labs MP3 player made between May 5, 2001 and April 30, 2008, you could be entitled to a class-action settlement over this very issue. The proposed settlement -- not the first of its kind -- will force Creative to "make certain disclosures regarding the storage capacity of its hard disc drive MP3 players" and give a 50% discount on a new 1GB player or 20% off any item purchased at Creative's online store, if it's approved by the court. For its part, Creative denies any wrongdoing, but it looks like it's offering up the settlement to smooth thing over with consumers -- but you know it's going to fight the $900,000 requested by plaintiffs' attorneys in fees. Applications are due by August 7, 2008, so start digging up those serial numbers.

[Thanks to everyone who sent this in]

Last we checked we actually weren't in the Twilight Zone, but quite frankly, the bigwigs at Gibson just might be. Seemingly out of nowhere, the famed guitar manufacturer sparked up a lawsuit against Activision claiming that Guitar Hero titles violate one of its patents. Now the company appears to be on the warpath, suing Wal-Mart, Target, GameStop, Amazon, Toys 'R' Us and Kmart in an attempt to get the game off of store shelves. Reportedly, Gibson took "this action reluctantly, but is required to protect its intellectual property." For the retailers that did comment, they chimed in only to say "we aren't commenting," and judging by the looks of things, the games are still widely available -- for now.

It's fairly commonplace for Chinese manufacturers to crank out clones of other popular wares, but apparently, things aren't brushed off as easily when the cloning gets done by a mega-corp like Toshiba. Granted, quite a bit is lost in translation here, but the long and short of it is that NTT DoCoMo and Fujitsu are suing Tosh for creating and selling its 821T -- which, as you can see above, looks an awful lot like Fujitsu's RakuRaku handset. Reportedly, the plaintiffs have demanded that Softbank Mobile withdraw the 821T from the market, but it seems there's quite a bit more back-and-forth left to go down before the dust settles on this one.

[Via GearFuse]

We'll be straight with you -- we aren't surprised one iota by this one. For those keeping tabs, Samsung's slate of Blu-ray players have been plagued with issues essentially from day one, and while it has released a flurry of firmware updates over the years in an attempt to mend a variety of incompatibility issues, even its recent BD-UP5000 hybrid player is being axed early on after giving owners all sorts of fits. Apparently, one particular buyer isn't taking things lying down, and has decided to file suit against the mega-corp alleging that it has sold "defective Blu-ray players" to consumers. According to the suit, Sammy was "fully aware of the defective nature of the player [BD-P1200, in particular] at the time of manufacture and sale," and it also claims that the firm has "failed to provide a remedy consistent with the products' intended and represented uses." More specifically, the verbiage picks on the units' inability to play back select BD titles, and while some fixes have indeed been doled out, we still get the feeling many consumers have been left dissatisfied. Needless to say, this outcome should be interesting.

[Thank, Nfinity and Prey521]

What would you do if the US patent office gave you the go-ahead on a far-reaching, non-specific application filed for a "mobile entertainment and communication device"? If your answer was that you would immediately draw up lawsuits against almost every major electronics manufacturer that even looked at a smartphone funny, you get a cookie. Yes folks, as impossible as it is to believe, the holders of the aforementioned patent have just sued Apple, Nokia, RIM, Sprint, AT&T, HP, Motorola, Helio, HTC, Sony Ericsson, UTStarcomm, and Samsung... amongst others. So eager was this company to sue, in fact, that legal papers were filed a day before the patent was granted, and subsequently had to re-submitted. The real sucker-punch here is that the patent simply combines a list of prior technologies jumbled into one product, a practice which has recently been ruled against by the Supreme Court. Still, we doubt it will stop the holders from trying to nab a few dollars in settlements, staying the work of real innovators, and generally making a mockery of our patent system. Bravo!

[Via Slashdot]

Hard to believe we're seeing yet another wearable robot suit emerge from Japan, eh? All sarcasm aside, there actually is a newcomer to the curiously growing market courtesy of Shigeki Toyama and colleagues from the Tokyo University of Agriculture and Technology. The aptly dubbed farming robot suit is a strap-on contraption that makes lifting objects much easier than nature intended, reportedly reducing the wear and tear (read: force) placed on one's joints, knees and back by around 50-percent. Additionally, the suit will be programmable depending on the type of work being done, but we've no idea if any third-party attachments (you know, rubber band launchers, integrated HMDs, etc.) are in the works. On the real, you'll be looking at around ¥500,000 ($4,559) to ¥1,000,000 ($9,117) to ease your load, but that could dip as low as ¥200,000 ($1,823) per suit if mass production becomes viable.

[Via The Register]

We can't say that we're shocked to hear this -- you know, considering just how long those Xbox Live holiday blues went on -- but Microsoft is indeed being slapped with a class action lawsuit over the aforementioned outages. Reportedly, a trio of angered Texans are alleging that Microsoft didn't abide by its own contract when network issues disallowed a good chunk of Live users from getting their fix over the past few weeks. According to the complaint, MSFT understood that the time of year would lead to increased activity, yet "failed to provide adequate access and service to Xbox Live and its subscribers." Of course, we're betting the Redmond-based lawyers point out that clause about not guaranteeing any minimum level of service, but who knows, maybe we'll all end up with two shiny new Arcade titles.

[Thanks, Andre and Ben]

Sure, we've heard RIAA-admiring lawyers affirm that ripping your own CDs is in fact "stealing," but it seems the aforementioned entity is putting its money where its mouth is in a case against Jeffrey Howell. Reportedly, the Scottsdale, Arizona resident is being sued by the RIAA, and rather than Mr. Howell just writing a check and calling it a day, he's fighting back in court. Interestingly, it seems that the industry is maintaining that "it is illegal for someone who has legally purchased a CD to transfer that music into their computer." Ira Schwartz, the industry's lawyer in the case, is arguing that MP3 files created on his computer from legally purchased CDs are indeed "unauthorized copies," and while we've no idea what will become of all this, we suppose you should go on and wipe those personal copies before you too end up in handcuffs.

Update: We got some more info on the case -- it looks like Jeffrey's actually being sued for illegal downloading, not ripping, but this whole "ripping is illegal" tactic is still pretty distasteful. Check out this post for the full story.

[Via BlogRunner]

So, you've got an outstanding ticket from talking while behind the wheel in Chicago, do you? Meet attorney Blake Horwitz, who is now likely to be the best friend you don't even know. Reportedly, Mr. Horwitz is suing the city and claiming that arrests of citizens caught driving and talking were in fact illegal, and furthermore, he's demanding that Chicago "dismiss any outstanding tickets and refund almost $2 million in fines collected since 2005." Apparently, the actual law that prevents users from yapping and motoring requires that the city erect signs that instruct drivers not to converse while driving, yet such signs have purportedly not been posted across Chi-town. The devil's in the details, we suppose.

[Image courtesy of ImportTuner]

Apparently, DirecTV isn't looking to pay its lawyers any overtime over the holiday break, as it has been settling outstanding lawsuits recently like it's going out of style. Just over a week after it put aside its differences with Cox, the satellite provider has decided to make amends with Comcast over a suit filed in May. If you'll recall, DirecTV was quite flustered by Comcast's "survey," which allegedly found that two-thirds of respondents preferred Comcast's HD picture over that offered up by DISH Network / DirecTV. Notably, the actual terms of the deal weren't disclosed, but spokespeople from both outfits affirmed that they were satisfied with the outcome -- which, by the way, does allow Comcast to continue to cite the survey.

It's not like ThinkPads have been immune to the notorious overheating battery issue, but a fiery incident in Ohio may not be IBM's fault. In a somewhat bizarre tale, it's reported that an Ohioan purchased a replacement battery from Shentech for his ThinkPad, only to later have it overheat, catch on fire and damage his machine. After discovering that the faulty cell was actually a counterfeit, IBM took the liberty of ordering a dozen batteries from the Flushing, New York-based company, and it soon discovered that all twelve received were indeed fakes. As you can probably guess, IBM has filed suit against the outfit and has asked the court to require Shentech to hand over all of its batteries for destruction, profits it made from selling the fakes and a million dollars "per counterfeit mark per type of item sold." That'll teach 'em to mess with Big Blue.

[Via TGDaily]

Just months after a slew of OLPC XOs made their way into Nigeria, a Nigerian-owned company is filing suit against Nicholas Negroponte and the OLPC Association for patent infringement. Lagos Analysis and subsidiary LANCOR filed the lawsuit on November 22nd in Nigeria, claiming that the aforementioned parties willfully and illegally reverse engineered its keyboard driver source codes. Turns out, LANCOR makes its ends by selling region specific-based keyboards that allow for direct access inputting of "accents, symbols and diacritical marks during regular typing," and sure enough, the XO's board looks mighty similar to those offered up by the plaintiff. Additionally, the outfit is in the process of "filing a similar lawsuit against OLPC in a United States Federal Court," so we'd recommend snagging an XO or two before Nik Neg and company are forced to inflate prices to pay off those highfalutin lawyers.

[Image courtesy of Konyin and Digital Crusader]

Last we heard from the seemingly endless Nokia / Qualcomm kvetch-fest, the former company was soliciting the ITC's help in barring US Qualcomm chip imports, but for those wishing on their lucky stars that this spat would simply vanish into the night, we've got marginally good news. Apparently, a trio of judges in a Dutch court ruled that it didn't have jurisdiction to rule on the phone maker's claims outside of The Netherlands, thus, the patent-licensing case against Qualcomm was dismissed. Aside from claiming that its "jurisdiction was limited," the court also stated that Nokia's gripe was "too broad to give a reasoned decision." Of note, a German court also dismissed the case just last month on "similar grounds," but if you were counting on Nokia to just take the news in stride, we doubt you'll be pleased to hear that it's already "considering if it will appeal the decision."

Although we aren't inclined to believe that this is the first time such a suit has been brought upon Apple, a new one claiming that the Cupertino powerhouse has unlawfully tied the iPod to its iTunes Store has made its way to the US District Court for the Southern District of California. The complaint was filed by a Florida resident on behalf of all Florida-based iPod owners and iTunes Store customers, and it basically alleges that certain limitations -- such as the inability to play content purchased through iTunes on anything not labeled an iPod -- is "unreasonable and illegal under Florida's antitrust and unfair trade laws." Furthermore, the plaintiff claims that Apple willfully disabled embedded support for rival formats, and stated that it was "in possession of monopoly power in the portable digital media player market, the online music market and the online video market." 'Course, it's not like those lawyers at 1 Infinite Loop aren't used to this stuff by now, and we really can't see this being the beginning of the end (nor a catalyst for rule changes) for the oh-so-mighty iTunes Store.

Just a fortnight after the AP called Comcast out for tampering with some users' ability to swap files over P2P networks, a coalition has formally asked the FCC to stop the operator from interfering with such activity. The petition reportedly asks the Commission to "immediately declare that Comcast is violating the FCC's policy," and it's being supported by the Consumer Federation of America, Consumers Union, Media Access Project and professors at the internet practices of the Yale, Harvard and Stanford law schools (among others). Separately, Free Press and Public Knowledge are filing a complaint that asks the FCC to demand a "forfeiture from Comcast of $195,000 per affected subscriber." It's also said that this will be the "first real test of the FCC's stance on Net Neutrality," but there's no telling how long the Commission will wait before acting on the filings.