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Book publishers sue Internet Archive for allegedly enabling piracy
Four major publishers filed a lawsuit against the Internet Archive for alleged “willful mass copyright infringement" related to its Open Library.
Amazon signs 'Damages,' 'Bloodline' co-creator to an exclusive deal
If you're a fan of dimly lit shows about terrible criminals, then keep your eyes on Amazon Prime. The streamer announced it has signed Glenn Kessler to an overall TV & film deal. As Deadline reports, he'll be working on TV series and films for Amazon's service as it continues to stock up on original content. Kessler is most well know for his series Damages that aired on FX and DirecTV, as well as Netflix's Bloodline. You can see what we thought of the latter right here.
Verizon will pay $350 million less for Yahoo
Despite two massive security breaches, which affected over a billion user accounts, Verizon still wants to make Yahoo its own. Early reports suggested that the carrier has been seeking to reduce its $4.83 billion offer by $250 million, but the two parties announced today that they have agreed on the slightly higher figure of $350 million.
Supreme Court will review Apple damage claims against Samsung
If Apple wants Samsung to cough up a lot of money for allegedly violating its patents, it's going to have a real fight on its hands. The US Supreme Court has agreed to review the damage claims in Apple's design patent lawsuit against Samsung, giving the Korean firm a chance to reduce the sizeable payout it'd otherwise have to make. This doesn't guarantee that Samsung will get what it wants, and this will likely postpone (if not cancel) an imminent retrial over the damages. Also, it's notable that the review won't challenge the patents themselves.
Netflix has two more TV shows for 2015: 'Bloodline' and 'F is for Family'
Concerned there's not enough to watch on Netflix, or that the big studios and networks might hold stuff back for their own streaming services? Rest easy, the video streamer has plans for a slew of exclusive content over the next few years, and this week it revealed details about two more shows to go along with its latest Canadian project. First up is the new show we'd heard about from Todd A. Kessler, Glenn Kessler and Daniel Zelman, who were the creators of Damages. That show has a name now -- Bloodline -- and an appropriately creepy teaser trailer (embedded after the break).
Apple wants more money from Samsung, so it's asking for a retrial
The next chapter of the (seemingly) never ending legal wrangling between Samsung and Apple is here, and because it's a holiday weekend when everyone has better things to do, Apple is tossing a few new requests into the ring. After recent jury ruling found Samsung in violation of certain patents (and Apple in violation of one itself), Apple is simultaneously requesting a retrial in pursuit of more damages than the $119 million it was already awarded, and asking the US to ban Samsung from selling the infringing products. That could include current or future phones and tablets that Apple says are using its tech for things like slide-to-unlock and word prediction. It's not clear if there's any real chance of either request being granted, but FOSS Patents has posted the documents if you'd enjoy Apple's legal arguments for some weekend reading. [Image credit: Brent Lewin/Bloomberg]
Apple v. Samsung lawsuit inches closer to a conclusion, jury revises total damages due Apple to $888 million (update)
When Apple was awarded over $1 billion in damages at the conclusion of the tech trial of the century (until the next one, at least), we knew that the ultimate price paid by Samsung would be different. Why? A few months after the jury announced its calculations, presiding judge Lucy Koh ordered a retrial regarding $450 million of the original award because the jury based that number on some faulty legal logic. In this second damages calculation proceeding, Apple has asked that the jury adjust the award to $380 million, while Samsung argued it only owes $52 million. Today, the jury has settled between those two numbers, and Samsung's revised legal tab is $290 million. That number, when combined with the $598 million not at issue in the retrial brings the total Samsung owes to $888 million. Of course, this latest decision doesn't change anything but dollar signs -- the court's earlier finding of infringement upon Apple's patents still stands. Still, with the damages settled, the case is closer than ever to a conclusion, though the lawyers on both sides still have plenty left to do. There are still post-retrial motions and appeals to be filed, as has been the case with prior rulings made during the case. Still, at least now we know just how big a check Samsung will have to write if and when those appeals cease. Update: We reached out to Apple about today's proceedings and a company rep offered the following response about the protection of "hard work": For Apple, this case has always been about more than patents and money. It has been about innovation and the hard work that goes into inventing products that people love. While it's impossible to put a price tag on those values, we are grateful to the jury for showing Samsung that copying has a cost.
Netflix recruits creators of 'Damages' to premiere a psychological thriller original series
No one can deny Netflix is betting big on its original content -- and for very good reasons, mind you. In light of this, the video streaming giant is already preparing to premiere yet another series of its own: a psychological thriller from the brains behind the television show Damages. Netflix announced today it has signed up Todd A. Kessler, Glenn Kessler and Daniel Zelman to create a 13-episode original, with the plot focusing around "a family of adult siblings whose secrets and scars are revealed when their black sheep brother returns home." The new series, which will be produced by Sony Pictures Television, is expected to start production in early 2014 -- Netflix hasn't revealed the official name yet, but we'll let you know as soon as we find that out. [Image credit: Evan Agostini/Invision/AP]
Judge orders new Apple vs. Samsung trial to reevaluate $450.5 million in damage awards
Samsung has tentatively been on the hook for $1.05 billion in penalties after allegedly infringing on Apple's patents, but that figure is about to change -- for better or for worse. Judge Koh has ordered a reevaluation of $450.5 million of the damages in a second trial, arguing that the jury set one damage figure per product where there were six infringement claims that had to be taken into account for each device. She also believes that Apple may be entitled to damages for sales not included in the original case. There's a chance Samsung can lower the amount it ultimately has to pay, but the extra factors and devices could easily worsen its situation. Koh hasn't set a trial date, either, but we'd like it to come soon: Apple versus Samsung is quickly becoming the battle that never ends.
USPTO has 'tentatively' invalidated Apple's key rubber-banding patent
The US Patent and Trademark Office may have just thrown a wrench into Apple's recent courtroom triumph over Samsung by invalidating one of the patents at the heart of the victory: rubber-banding. We noted at the time that Apple hit a "home run" with that particular IP, as jurors declared that all 21 disputed Samsung devices infringed it, no doubt resulting in a large part of the $1 billion (and counting) owed by the Korean maker. "Claim 19" of patent 7469381, which covers that feature, was invalidated by the USPTO on two counts, both of which were cases of prior art that allegedly existed before Cupertino claimed them. Either one could be enough reason to throw out that part of the patent, according to FOSS Patents, provided that the USPTO's ruling stands up. Either way, Samsung has already brought the new information to Judge Koh's attention -- which might bring about some new action very soon.
Apple seeks additional $707 million, permanent injunctions in patent case against Samsung
In a court filing late Friday night Apple has requested the court enhance the $1.05 billion in damages a jury awarded it from Samsung for their patent lawsuit in California. FOSS Patents' Florian Mueller has a breakdown of the figures, revealing that Apple has chosen to seek enhancement just on what the jury deemed "willful" patent infringement to the tune of $135 million (less than the 3x amount it could have pursued) plus an additional $400 million for infringement of trade dress. That adds up to $1,756,455,218 it's now seeking from Samsung, plus, as Reuters reporter Dan Levine notes, the expected request for permanent injunctions. That could cover more than the products mentioned in the lawsuit, as Mueller also points out Apple is asking for an injunction against other products with similar features, which could extend to devices like the Galaxy S III. As usual, it's all still far from over and the figures could change, but Samsung is probably just hoping Apple's lawyers use iOS 6 Maps for their next trip to the courtroom. Update: Per FOSS Patents, adding in interest and supplemental damages Apple's total request is now a tidy $707 million. What does Samsung want? According to Reuters, it's requesting an entirely new trial, because who doesn't want to do this whole thing over again? Stay tuned.
Breaking down Apple's $1 billion courtroom victory over Samsung
With a 20-page verdict form and 100 pages of instructions to explain it, many figured it would take longer for the jury to render a decision. But, the tech trial of the century has concluded, with Apple scoring a not-quite-flawless victory over its rival Samsung. While the company didn't win on every count, its cadre of lawyers did convince the nine jurors to award Apple over $1 billion in damages for Samsung's IP transgressions. Join us after the break and we'll hit you with the legal math that gave Apple a ten-figure bump to its bottom line -- and served as a shot across the bow of every other mobile phone manufacturer.
RIM escapes $147.2 million hit as Mformation appeal ends in victory
RIM has successfully appealed its patent infringement verdict against Mformation, letting the company off the hook for $147.2 million in damages. It was originally ordered to pay the stack of cash after a jury found that it had violated a remote management patent, but a California judge has overturned the decision after reexamining the evidence. Mformation still has the scope to appeal and thereby cause a fresh trial to begin from scratch, which could be fun.
Apple demands $2.02, plus $3.10... equals a total of $2.5 billion in Samsung damages
How big is $2.525 billion when you're Apple? It won't affect living standards in Cupertino, that's for sure, but it's evidently enough to be worth hauling a rival through the US courts. The figure is revealed in Apple's damages claim, submitted in the run-up to its battle with Samsung in California, and is quite separate to other claims in Europe and Australia. If you're not already sick and tired of this feud, then the sums behind that big amorphous total make for curious reading. According to a unit cost breakdown by Foss Patents, Apple wants $2.02 for every previously sold Samsung product that uses "overscroll bounce," another $2.02 for those that allow "tap to zoom and navigate," $3.10 for those that involve a "scrolling API," plus a mega $24 for each and every device that breaks an Apple design patent or trade dress right. That means the bulk of Apple's claim -- as much as $2 billion -- is actually for aesthetic rather than technical infringements. Of course, these figures have no bearing on what the US court may eventually decide to award to either party, and neither do they factor in any strategic value of the blood from Samsung's nose, or the negative PR that can only grow amid such litigious behavior.
Toshiba hit for $87 million in LCD price fixing verdict, maintains innocence
Toshiba decided not to settle when faced with allegations of price fixing, and now the company may have to pay the price. A jury handed down a verdict in the District Court for the Northern District of California today, hitting the company with $87 million in damages as part of a class action suit. The civil suit, separate from the criminal charges some of its alleged co-conspirators faced, wrapped today with the decision to award consumers $70 million and gave $17 million to manufacturers who purchased the company's panels. Toshiba may not actually have to pay up, however, thanks to settlements struck by others caught up in the same scandal, which could cover the damages. Regardless, the company maintains its innocence and actually plans to pursue "all available legal avenues" to reverse the decision. For more of Toshiba's response, check out the PR after the break.
Zediva ordered to permanently shut down operations, pay $1.8 million to MPAA
The last time we checked in with Zediva, the DVD streaming service was reeling from a court-ordered preliminary injunction that effectively brought its operations to a halt. At the time, the California-based company was still pinning its hopes on the promise of a forthcoming appeal, but those hopes were summarily quashed on Friday, when US District Judge John Walter rendered the injunction permanent. Zediva had previously exposed an apparent loophole in US copyright law, by allowing users to stream movies from physical DVDs located in Silicon Valley. This strategy allowed the firm to offer newly released movies well before other on-demand services, but according to Judge Walter, it was also illegal. Zediva will now have to cease all operations and pay $1.8 million in damages to the MPAA. The defendant has yet to comment on the decision, but MPAA Associate General Counsel Dan Robbins seemed understandably delighted: "This result sends a strong message to those who would exploit the studios' works in violation of copyright law, on the Internet or elsewhere, and it is an important victory for the more than 2 million American men and women whose livelihoods depend on a thriving film and television industry."
French court reverses DS flash cart ruling, Nintendo smiles
Nearly two years ago, a French court dismissed a lawsuit that Nintendo filed against a group of vendors accused of illegally selling DS flash carts. At the time, the game-maker argued that sales of the cartridges should be halted on the grounds that they could be used to illegally pirate software, but the presiding judge thought differently, countering that the R4-like devices could be used to develop homebrews or other DIY projects. Last week, however, the Paris Court of Appeals overturned the ruling, in a decision that Nintendo has met with understandable delight. In a statement released today, the company confirmed that Divineo SARL and five other flash cart retailers must pay a total of €460,000 in criminal fines, along with €4.8 million in damages to Nintendo, as ordered by the appeals court. Details behind the ruling remain vague, though Nintendo hailed it as a "strong message to French companies... that such activities are illegal and will not be tolerated," and that convicted vendors will "risk prison terms, face substantial fines and obligations to pay damages." Sail past the break to read Nintendo's statement, in full.
USA Today: EA could lose over $1B in NCAA athlete suit
USA Today has calculated that Electronic Arts could face $1 billion in damages if it eventually loses a class-action lawsuit brought against the publisher and the NCAA by former college athletes. The lawsuit, which has been ongoing for two years, revolves around compensation for athletes' likenesses being used in EA's NCAA football and basketball games. The Cliff's Notes version of the math works a little something like this: the law apparently says each player can be awarded $1,000 per likeness, per platform. This ends up being about $305.5 million for all the football players and $29 million for basketball players, a total of $334.5 million. Now, if the judge decides EA and the NCAA were "knowing, willful or intentional" in their compensation violation, the amount can be tripled under the Indiana publicity rights statute for damages over a billion dollars. EA's official statement, provided by EA corp. comm VP Jeff Brown: "We could lose billions more if a giant meteor hits the earth. We're not planning for either outcome."
R4 card provider ordered to pay Nintendo over $500,000 in damages
It may only amount to a drop in Nintendo's pockets, but an Australian provider of R4 cards used to copy Nintendo DS games has now been ordered to pay Nintendo $620,000 Australian dollars (or about $556,822 US dollars) in damages, and destroy all its remaining stock for good measure. While that company, GadgetGear, doesn't seem to be commenting on the matter itself, Nintendo says that GadgetGear has "now acknowledged that game copying devices infringe both Nintendo's copyright and Nintendo's trademarks and that they are illegal circumvention devices," adding that "GadgetGear and the directors have agreed to permanently refrain from importing, offering for sale and/or selling game copier devices." Of course, it is just one provider of R4 cards that's affected by the case, but Nintendo is no doubt hoping that the hefty fine will be enough to at least act as a deterrent to others.
TiVo awarded $200m in damages in EchoStar case, consumers not awarded end to the Echostar case
Okay, so it's not the cool billion dollars in damages we'd heard TiVo was asking for, but $200 million ain't chump change if you're broke, you know? That's the amount in contempt damages TiVo will get if EchoStar loses its upcoming appeal in the endless time warp patent case, bringing the total amount of money on the table to nearly $400 million. As usual, that means virtually nothing for the average Dish or TiVo customer, but at least the lawyers involved can all buy new Audis for the winter now.
