Items tagged with appeal

At an interesting time for Apple with the Fortnite issues, Apple is now implementing guideline disputes into the App Store. With apps starting to challenge App Store rules, the score is 1-0 for the developers so far. At WWDC20, Apple’s developer conference, it was announced that there would be changes to the app review process. These changes are finally being implemented and Apple now has a news blurb about it. In it, they state that you can address guideline violations when you submit an app or app update. Alongside this, you can also appeal decisions and submit suggestions for App Store rules. Also, in the blurb is this interesting quote that says, “For apps that are already on... Read more...
It seems that the net neutrality battle is just getting started. The National Cable and Telecommunications Association (NCTA), the Cellular Telephone Industries Association (CTIA), and the American Cable Association (ACA) want the federal courts to repeal its ruling on net neutrality.What is the net neutrality mandate? The FCC has authority to regulate broadband internet service as a utility. Internet providers are also no longer able to implement “fast lanes” for services that are willing to pay a premium. This prevents ISP’s from favoring their own streaming services and charging fees for third-party services.  These aforementioned groups claim that they support net neutrality but believe... Read more...
Last week, we covered the European Commission's (EC) decision that Intel had abused its market power. One of the findings that lead to the $1.44 billion fine was Intel's rebate system, which only awarded discounted prices to companies that committed to buying the overwhelming majority of their products from the CPU manufacturer. Intel, for its part, thinks the EC got it all wrong; the company has filed an appeal in the European Court of First Instance. While it's already made arrangements to pay the fine in the third quarter, Intel hasn't copped to setting even a toe over the the letter of the law."We believe that our policies and practices have always been legal and aboveboard," London-based... Read more...
Microsoft's latest attempt to derail the "Vista Capable" class-action law suit via another appeal has been stymied:"In a brief order dated April 21, the Ninth Circuit Court of Appeals rejected Microsoft's request to overturn a decision by U.S. District Court Judge Marsha Pechman in February that granted class-action status to a lawsuit that charges the company deceived consumers in 2006 with its Windows Vista Capable marketing program."Perhaps the best part about Microsoft's appeal is that it usually means they have submitted internal and/or external documents that will probably be made public.  Those documents tend to be a gold mine of information about the less-than-cozy world of... Read more...
The recent RIAA victory in Capitol v. Thomas garnered a lot of media attention, and HotHardware was certainly no exception.  The end result of the case was that Jammie Thomas was ordered to pay $220,000 in damages.  After announcing she wouldn't appeal the ruling, she promptly reconsidered and filed for an appeal which has just been shot down:“In its reply to Thomas' motion, the RIAA argued that statutory damages need not have any relationship to actual damages. Furthermore, the group said that she had no basis to challenge the constitutionality of the damages since she had not objected to the jury instructions.The Department of Justice agrees. "This Court may find that defendant has... Read more...
Minnesotan Jammie Thomas was recently found guilty of file-sharing and ordered to pay $220,000 in restitution, but has decided that she's going to appeal the verdict instead.  This probably isn't surprising considering the amount of the fine compared to her stated annual salary of $36,000 and because like everything in this case, it seems that Thomas changes her mind quite often.Case in point: less than 48 hours ago she stated in an interview that she wasn't going to ask for any financial support to pay the fine, but would gladly accept donations.Of course, depending on when she was asked about file sharing she claims that she either didn't own the drive in question at that time, or was... Read more...
This law had originally passed in 2005, but late last year was temporarily blocked.  The block became permanent in August of this year, when a judge ruled the law was unconstitutional. California Governor Arnold Schwarzenegger said Wednesday that he had appealed a court decision that struck down the controversial violent video game law in his state. The appeal was filed in federal court for the Northern District of California. The law would have prevented the sale or rental of "ultra-violent" video games to anyone under 18, and would have required clear labeling of such games. Schwarzenegger's appeal was filed with the U.S. District Court for the Northern District of... Read more...