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Apple FaceTime fix may not be working out for some unhappy users
It seemed minor at the time, but last year's loss by Apple of a patent suit from VirnetX may have cascaded into some serious problems for the FaceTime service. Apple could have faced continuing royalty payments in the millions of dollars per month to license the VirnetX patents. In a workaround, Apple has reportedly made some changes to FaceTime that are driving many users crazy. Ars Technica reports that Apple may have completely redesigned its backend architecture -- although the source for the story is an investor in VirnetX, so his accounting may be suspect. But, if the workaround is in fact in place, it's impacting users in negative ways. Apple support boards are filled with unhappy comments from FaceTime users. The changes Apple made means that point-to-point communication is lost, and calls are now going through relay servers. It's not as reliable, and people are reporting everytihng from inability to connect to poor quality. Others are reporting FaceTime is working just fine. VirnetX last month filed new papers with the US District Court for the Eastern District of Texas seeking to add allegations that Apple, already a defendant in its currently pending patent-infringement lawsuit (VirnetX Inc. et al v. Apple Inc.), infringes a just-granted patent for secure communications. The accused products in this lawsuit include the iPhone 5, fifth-generation iPod touch, fourth-generation iPad, iPad mini and the latest Macintosh computers.
Judge throws out case involving faulty iPhone power button
GigaOM reports that a judge in San Jose this week threw out a case alleging that Apple sold the iPhone 4 and 4S knowing full well that the devices featured a faulty power button designed to malfunction after the warranty expired. The case was originally filed by two men in California who sought class-action status. The lawsuit asserted that the power button on both the iPhone 4 and iPhone 4S becomes "stuck and nonfunctional" three months after the warranty expires. The plaintiffs further argued that both Apple and AT&T were aware of the defect and shipped the products regardless. What's more, the suit alleges that both Apple and AT&T took steps to conceal the existence of the defect. What's interesting here, if not downright comical, is that the plaintiffs attempted to portray the power button issue as a safety hazard to the extent that users with affected devices would not be able to power down their devices on airplanes. They also argued that affected devices are not always capable of rebooting, thereby becoming unusable and preventing individuals from calling 911 in the case of an emergency. Naturally, US District Judge Gary Feess wasn't buying what the plaintiffs were selling. The ruling reads in part: Plaintiffs' alleged safety concerns are far too speculative to warrant imposing a duty to disclose. If an iPhone power button prevents a phone from being turned off for flight, the owner can readily notify a flight attendant, who can then take whatever action is deemed appropriate. Moreover, the Court is not aware of any authority that if a cell phone owner has a heart attack or otherwise needs to call 911, but cannot because of any defect in the phone, the phone manufacturer is liable. "Glitches" like the one Plaintiffs allude to could happen at any time in any phone for an untold number of reasons, and thus could make placing an emergency call difficult ... Plaintiffs' purported safety defects are so remote and speculative as to fail as safety hazards as a matter of law. Note that this case is entirely different from the case we reported on a few months ago involving a Florida woman suing Apple over the very same issue.
iPhone moisture sensor settlement could cost up to $300 per phone
This past April, Apple agreed to the terms of a US$53 million class-action settlement stemming from Apple's warranty practices regarding water damage on older-generation iPhones and iPod touches. The lawsuit alleged that Apple refused to honor the warranty on devices that were ostensibly damaged by water. Both the iPhone and iPod touch contain Liquid Contact Indicators which change color when they come into contact with water. The crux of the issue, however, is that these Liquid Contact Indicators were also prone to change color in humid environments. Consequently, Apple denied warranty coverage to many consumers who may have otherwise been eligible. Affected users are now receiving emails with information as to how file claims. Affected users must file a claim by October 21, 2013. The website reads in part: To qualify for a cash refund, you must: (a) be a United States resident; (b) Apple denied warranty coverage for your iPhone on or before December 31, 2009, OR for your iPod touch on or before June 30, 2010; (c) when it was submitted to Apple for warranty coverage, your iPhone or iPod touch was covered either by its original one-year limited warranty or by an AppleCare Protection Plan; and (d) Apple denied warranty coverage because Apple stated that your iPhone or iPod touch had been damaged by liquid. The total payout per user will be a function of which device is at issue. The chart below is instructive, but note that the amounts are subject to change depending on how many folks actually file claims.
Activision Blizzard facing lawsuit from shareholder over going independent
Last week's announcement of Activision Blizzard separating from Vivendi might have made you unhappy, but it didn't make you as unhappy as Todd Miller. He's filed suit against Activision, the board of directors at Activision, and former parent company Vivendi on counts of unnecessary waste, breach of fiduciary duties, and unjust enrichment. Miller stresses that the sale nets an immediate windfall for CEO Bobby Kotick and entrenches him in a position of power within the company while failing to provide any benefit to the company as a whole or the individual shareholders. He also claims that the Activision board members are conflicted due to their previous positions within Vivendi and have no reason to resist this move, resulting in a net detriment for holders of the company's stock. Miller is calling for the purchase order to be rescinded and for Activision to institute controls so that this situation is not repeated in the future.
Apple requests Android source code in Samsung lawsuit
That's the word from Bloomberg News today. Apple has asked a US magistrate judge to force Google to turn over the Android source code. It's part of Apple's case against Samsung, and Apple continues to believe its intellectual property has been stolen. Not surprisingly, Google, who owns the Android source code, isn't eager to comply. Complaining Apple is casting too wide a net, Google attorneys say Apple's request is too broad. The legal arguments stem from a case Apple filed last year that covers technology in newer smartphones like the iPhone 5. Apple wants to make sure newer smartphones from Samsung, like the Galaxy S III, don't infringe Apple intellectual property. Google has not been named a defendant in any of the litigation, as Apple has preferred to go after handset manufacturers who are using the Google source code. Even though Apple received a billion-dollar verdict in its first case against Samsung, it has received no money yet as appeals and requests for a retrial wind their way through the court system.
Apple to pay Chinese authors $118,000 for violating copyrights
As reported by China Daily, a Beijing court has ordered Apple to pay three Chinese authors US$118,000 in damages for selling their books without prior consent through apps available on its App Store. The lawsuit was filed against Apple by the Writers' Right Protection Union (also known as the Writers' Rights Alliance), an organization that protects the copyrights of authors whose works are published online. According to China Daily, Judge Feng Gang, who was presiding over the case, said Apple "has the duty of checking whether books uploaded by third parties are in line with current laws." The ruling follows a long line of complaints and lawsuits against Apple by Chinese authors who claim their works have been uploaded through apps to Apple's App Store without their permission. [Via Engadget]
Apple asks for App Store monopoly lawsuit to be dropped
Apple has asked a federal judge in California for the lawsuit alleging it holds an App Store monopoly be dismissed, according to Bloomberg. The lawsuit was brought forth by several attorneys in 2011 who argued that the company holds a monopoly on app downloads because there is nowhere else a user can legally go to buy an iPhone app if they don't like the price of the app on the App Store. Apple attorney Dan Wall argued that the lawsuit should be dropped because the App Store is a distribution point for apps -- with developers setting the price and Apple taking a 30 percent cut -- and operating as a distribution center doesn't violate any anti-trust laws. "There's nothing illegal about creating a system that is closed in a sense," Wall said. US District Judge Yvonne Gonzalez Rogers has not revealed when she will make a decision on the case.
Japanese court declares Samsung patent invalid in another spat with Apple
Weary of the neverending legal back-and-forth between Apple and Samsung yet? No, we're not either (that's a terrible lie), and the latest exciting development comes from a courtroom in Japan, where it was decided Samsung does not hold rights to certain data transmission tech it accused Apple of pinching. So, what are the repercussions? None, really -- the status quo remains unchanged, and Apple can continue selling the products Sammy wanted off the shelf. The Times of India notes that cases in the US and South Korea over the same patent have gone one a piece, meaning Apple is up 2-1 in this particular bout. But, when you've been battling for this long, you've bound to win some, and lose just as many.
Apple reportedly makes a deal with TSMC for A6X production
With absolutely no love lost between Apple and Samsung, it's being suggested that Apple will yank processor chip production from the South Korean tech giant. A report today in the Mac Observer, quoting from The Commercial Times translated by AFP says Taiwan Semiconductor Manufacturing Company (TSMC) will become the major supplier of chips for Apple's mobile devices. That change could happen as early as the first quarter of this year. Apple designs its own processors but gives contracts to others to produce them. Given the swarm of lawsuits between Samsung and Apple, it seemed only a matter of time before Apple pulled the plug, and certainly saw no reason to award multi-million dollar contracts to a company Apple feels has ripped off many of its ideas. In August, Samsung was ordered by a US court to pay Apple US$1.05 billion in damages for copying the iPhone and iPad features in some Galaxy smartphones. Samsung is appealing the ruling. Apple and TSMC have declined to comment on the report.
Japan court rules Apple did not infringe two Samsung patents
In the latest scuffle between Apple and Samsung, a Tokyo court has ruled that the iPhone 4 and 4S do not infringe on two of Sammy's patents. According to The Asahi Shimbun, a decision on September 14th found Apple had not violated a patent related to app downloads, as Samsung's method is different. A dispute regarding flight / airplane mode also went in Cupertino's favor on October 11th, because the technology in question was regarded by the court as incremental. Only one case against Apple remains undecided in Japan -- for a patent on using "homescreen space" -- but, as usual, don't expect that to be the last chapter in the neverending story.
Woz discusses what he'd change about Apple
Apple co-founder Steve Wozniak recently did a Q&A over on Slashdot, and Gizmodo has boiled down his answers into five things he'd change about Apple today. There's a little bit of putting thoughts in Wozniak's head here, as he wasn't specifically talking about what he would change. Still, he does have some good insight, and in a few interesting ways, his ideas about what Apple is doing lately do seem to differ from what the company thinks. For example, Woz believes iTunes should be ported to Android; he says bringing iTunes to Windows created a huge market for Apple, and porting iTunes and its various stores to other mobile OSes would grow that market as well. Woz also believes Apple should back off of the lawsuits a bit, especially when (or if) it impedes Apple's own innovations. Woz also suggests that Apple aim for a big influx of younger talent right now, when the company's future is so important. As for Woz himself re-joining Apple in any official capacity, even he agrees that he and the company have grown apart. "Apple is very complex," he says, adding that "I like personal simplicity. I like to do what I'm good at, which is enjoying technology." Woz says he would go to Apple to help out if ever called upon, but honestly, we'd agree that he's happier just enjoying what's out there at this point.
Court upholds Apple victory in Cover Flow, Spotlight, Time Machine patents
An appeals court in Washington has upheld a recent Apple victory on a number of different patents for features in the OS X operating system, including things like Cover Flow, Spotlight search and Time Machine. A company called Mirror Worlds is trying to get a judgment that Apple infringed on its patents with those features, but after initially winning damages of more than $625 million in a jury case, Apple was able to get the decision appealed and wiped the initial ruling clean. Now, an appeals court has denied Mirror Worlds' appeal, leaving Apple the victor, at least until another appeal is filed and run through the courts yet again. Apple's been doing well for itself in patent cases lately -- this ruling follows a huge decision a little while ago that earned Apple a whopping $1.05 billion in damages. That case is also probably set to be appealed by Samsung, as these companies will use whatever tactics they can to try and avoid paying out these huge sums of money.
Microsoft downplays Metro design name, might face a lawsuit over all that street lingo
If you've seen most of Microsoft's design language for nearly three years, there's only one word that sums it up: Metro. In spite of that urban look being the underpinning of Windows Phone, Windows 8 and even the Zune HD, Microsoft now claims to ZDNet and others that it's no longer fond of the Metro badge. Instead, it's supposedly phasing out the name as part of a "transition from industry dialog to a broad consumer dialog" while it starts shipping related products -- a funny statement for a company that's been shipping some of those products for quite awhile. Digging a little deeper, there's murmurs that the shift might not be voluntary. Both Ars Technica and The Verge hear from unverified sources that German retailer Metro AG might waving its legal guns and forcing Microsoft to quiet down over a potential (if questionable) trademark dispute. Metro AG itself won't comment other than to say that these are "market rumors," which doesn't exactly calm any frayed nerves over in Redmond. Should there be any truth to the story, we hope Microsoft chooses an equally catchy name for those tiles later on; Windows Street Sign Interface Windows 8-style UI just wouldn't have the same ring to it.
Apple wins stay on having to post 'Samsung did not copy' notice
Apple's pride can stay intact for at least a little while longer: the company successfully won a stay on a UK ruling that would have it post notices clearing Samsung's name in the wake of the two tech giants' patent dispute in the country. Apple now won't have to face any kind of public flogging unless it loses an appeal on the non-infringement verdict, which is due to be heard in October. Not surprisingly, the iPad creator doesn't want its own site to become a billboard promoting someone else's work. The decision makes Samsung's victory that much more bittersweet -- along with losing that instant satisfaction from a humbled Apple, it still has to accept a verdict that claims the Galaxy Tab supposedly isn't cool enough to have been an imitation.
Fujifilm sues Motorola over broad camera and phone patents, claims RAZRs and Xyboards are at fault
Motorola won't have had much of a break following the dismissal of a key Apple lawsuit, after all. In a low-profile move, Fujifilm has sued Motorola for allegedly violating four particularly broad patents on camera and phone technologies -- we're talking basics such as transmitting data outside of a cellular network. The camera designer has supposedly been pushing for a licensing deal since April of last year without much success, and it's asserting that "at least" a wide swath of Motorola devices released both before and after that time are the key offenders, including the RAZR MAXX and Xyboard lines. The complaint is scarcely into the docket and makes it difficult to gauge just what kind of chance Fujifilm has to win in court; we just know that Motorola's (and now Google's) patent lawsuit headache is developing into more of a migraine.
RIM slapped with $147.2 million in damages from Mformation patent lawsuit (update: RIM response)
RIM just keeps taking hard knocks in the patent arena. Just days after Nokia had its turn piling on extra infringement claims, device management developer Mformation Technologies has won a hefty $147.2 million verdict against RIM for allegedly violating a remote management patent. The damages amount to $8 for every BlackBerry linked up to a BlackBerry Enterprise Server up to a certain point -- no small impact for a company whose lifeblood is business. About the only reprieve is an escape from future penalties, which would most certainly have soured the recovery efforts for a company already on the ropes. The crew from Waterloo hasn't yet responded to the verdict, but it's hard to picture the company leaving those kinds of damages to sit without an appeal. Update: RIM has issued a statement in response to the verdict, and it's unsurprisingly putting forward motions that it hopes would overturn the verdict. It's also keen to point out that issues like the obviousness of the patent haven't been settled, which it hopes would deflate Mformation's case.
AUO, LG, Toshiba pay $571 million to settle LCD price fixing lawsuit, broken record keeps skipping
The way LCD price fixing lawsuits keep popping up and settling in short order, you'd think they were going out of style. The latest motley group to face a reckoning includes AU Optronics, LG and Toshiba, the combination of which has agreed to pay a total of $571 million to eight separate American states to either avoid the legal wrath of a class action lawsuit or to pay an outstanding fine. Allegedly, the trio kept LCD prices artificially high between 1996 and 2006, hiking the prices of PCs and TVs in the process. There's a slight twist here: while keeping the display builders honest is the primary goal, the class action status will net some direct rewards for the public. Americans who claim to have been wronged in the scandal can get "at least" $25, which goes a lot further towards buying an LCD than it did six years ago.
Noise Free Wireless alleges Apple is tone deaf over sound reduction patent, files lawsuit to match
Apple faces litigation claiming that it's using patented technology all the time, often from small patent holding companies with dollar signs in their eyes. Noise Free Wireless has just filed a patent lawsuit against Apple whose allegations are considerably, well, louder. The firm maintains that it had been pitching its patented noise cancellation to Apple in periodic meetings between 2007 and 2010, only to watch as 1 Infinite Loop used Audience's technology for the iPhone 4 instead -- and supposedly handed some of Noise Free's work to a competitor. An Apple patent filed the same year borrows some of that work, Noise Free insists, in addition to the iPhone in question. Neither side is talking about the details to outlets like Macworld, although we'd be cautious about accepting either company's position at face value. However much Apple may protest its innocence regardless of circumstances, Noise Free certainly has a vested interest in retribution after losing out on such a big contract.
ITU wants to bring smartphone makers to peace talks, hash out patent wars
The United Nations defines the stereotype of a peace broker, so it's not that far-fetched to hear that its International Telecommunication Union (ITU) wing is hoping to step in and cool down the rapidly escalating patent world war. The organization plans to convene a Patent Roundtable on October 10th -- in neutral Geneva, Switzerland, of course -- to have smartphone makers, governments and standards groups try and resolve some of their differences. Those mostly concerned about Apple's actions won't be happy with the focus of the sit-down, however. Most of the attention will surround allegations that companies are abusing standards-based patents, which will put the heat largely on a Google-owned Motorola as well as Samsung. Still, there's hope when the ITU's Secretary-General Dr. Hamadoun Touré talks of desiring a "balancing act" between what patent holders want and what customers need. Our real hope is that we don't have to hear talk of customs delays and product bans for a long while afterwards. [Image credit: Patrick Gruban, Flickr]
Samsung gets temporary stay on Galaxy Nexus ban in US while waiting for Apple response
Samsung is getting just a bit of respite from the ban on the Galaxy Nexus, after all: Judge Lucy Koh has granted Samsung's request for a temporary halt to the ban while waiting on Apple's response on the subject, due July 12th. That's not much of a break, but it lets Google resume selling the phone on Google Play for several more days before there's a more definitive consideration on the merits of a preliminary injunction. We're still seeing the Android 4.1 phone listed only as "coming soon," but it may just be a matter of hours before Jelly Bean lovers get another taste.
