Items tagged with suit

The first RIAA court case against an accused "music downloader" begins today.  Jammie Thomas will become the first of 26,000 people who have been sued by the RIAA to have their case reach trial.  The rest of those sued have settled out of court.The Brainerd, Minn., resident is accused of illegally sharing 1,702 songs for free on a file-sharing network. Her trial offers the first chance for both sides in the debate over online music sharing to show a jury its version of the facts. Thomas is accused of violating the song owners' copyrights. Her lawyer says the record companies haven't even proved she shared the songs.Thomas was initially offered a $3,000 settlement.  Now she would... Read more...
Ho-hum, it’s been nearly two weeks since the last Apple iPhone battery lawsuit. How time flies when lawyers are preparing briefs.  Here we go with the third iPhone battery lawsuit. Interestingly, one of the attorneys representing the latest plaintiffs is Oakland-based lawyer H. Tim Hoffman, who also represents Sydney Leung, who filed the second lawsuit against Apple and AT&T nearly two weeks ago. On Wednesday, attorneys for plaintiffs Zoltan Stiener and Ynez Stiener filed a class action complaint against Apple and AT&T in federal court in Oakland, Calif.The lawsuit alleges breach of contract, fraud, and violations of California law. It charges the two companies with... Read more...
Apple and AT&T have been sued for a second time over the controversial battery replacement plan for the iPhone.  You may recall that last month Jose Trujillo of Melrose Park, Ill. sued the companies for $75,000 in damages over the battery.  Monday a second lawsuit was filed, this time in California, alleging that Apple and AT&T deliberately withheld information pertaining to battery replacement until after the device launched. "The issue is whether or not Apple properly disclosed the problems with battery life," Max Folkenflik, a managing partner at New York-based Folkenflik and McGerity, told ABCNEWS.com. Folkenflik is one law firm representing the California-based plaintiff... Read more...
Second Life is fairly unique amongst a crowd of Dwarf & Goblin infested online worlds, as it doesn’t focus on gold coins, levels or even experience points.  Residents of Second Life go about a wide array of tasks, almost all of which could be easily done in the real world.  There are still limits to what people can or should do, but scripting tools allow tech savvy users to expand those possibilities to include things like sexual acts.So what happens when real life software piracy intrudes on the world of Second Life?  Especially when it involves the piracy of above mods.We’re finding the answer to that now as 46-year-old Ken Alderman’s company, Eros LLC, is suffering a decline in sales.... Read more...
Way back in April, a class-action lawsuit was filed against Microsoft, alleging that Microsoft used deceptive marketing practices when it allowed computer and other hardware makers to use the term "Windows Vista Capable" on their items, when in fact the hardware was unusable with Vista.  The suit really centers around personal computers labeled as "Windows Vista Capable" before the operating system released in January. A judge has ruled that the lawsuit can proceed and set a court date for October. Seattle District Court Judge Marsha Pechman on Tuesday rejected Microsoft's request for a dismissal of the case. Microsoft had argued that the plaintiffs, Dianne Kelley and Kenneth Hansen, lacked... Read more...
Microsoft Office costs a ransom. Google Apps is so "Beta" you might as well program it yourself. A useful, inexpensive web-based productivity suite is perhaps the most intensely desired vaporware in the history of ones and zeros. Well, Adventnet thinks they've got the answer, and they call their online/offline compatible suite Zoho. Slate magazine took a look: While they don't replicate every function of their Microsoftian counterparts, Zoho's programs are highly evolved by online standards. Zoho Writer, for instance, handles basic graphics and lists with aplomb, incorporates tools for Web-page design and blogging, and offers multiple... Read more...
Nintendo's new console has been a blast for the lucky few folks who were able to get their hands on one of them, however the new technology isn't without a few teething problems. The strap that is supposed to secure the controller to your wrist has been having some problems, and of course, someone has decided to try and sue Nintendo over it. The suit claims that Nintendo's inability to provide a controller free of defects is against their own product warranty. "On December 6th, Green Welling LLP, of San Francisco, California along with Siebken & Siegele of Austin, Texas and Short, Cressman & Burgess of Seattle, Washington, filed... Read more...
As you can imagine we get a ton of email here at HH and of course way more than our fair share of spam, viruses and junkmail.  We've been looking around for a long time for a package that does a good job of clearing out the crapola that comes in and let's the good mail through.  We think we've found a winner with Declude.  Got an Imail or SmarterMail server you need to setup a better defense for?  Declude is powerful stuff that gets the job done nicely and we've burned it in ourselves here on the HotHardware web box... "Boundary Layer Check The first layer of defense is provided by your Email server. This includes your ability to prevent dictionary... Read more...
Intel Announces Collaboration to Launch Web 2.0 Business Internet Suite SAN FRANCISCO, Nov. 7, 2006 - Intel Corporation today announced at the Web 2.0 Conference today that it is collaborating with several software companies on the launch of SuiteTwo, a business Internet suite. The integrated suite, a family of interconnected services combined to improve productivity and enable high-engagement marketing, is comprised of business Web 2.0 capabilities from leading software companies, including Six Apart, Socialtext, NewsGator, SimpleFeed and SpikeSource. Intel Capital, Intel's venture capital organization, pioneered the assembly of this suite. Intel's Software and Solutions Group plans to make... Read more...
NEW YORK (Reuters) - Patent holding company NTP Inc. said on Monday it filed a patent infringement lawsuit against Palm Inc., maker of the Treo mobile phone, in a U.S. court, sending Palm shares down more than 7 percent. The suit alleges that Palm's products and services infringed NTP's patents and seeks recovery of monetary damages resulting from Palm's direct and indirect infringement, the intellectual property firm said in a statement. Specifically, NTP said it is targeting services and systems primarily used or adapted for use in e-mail systems with radio frequency communications to mobile processors and related services. A Palm spokeswoman was not immediately available for comment.... Read more...
You might dismiss this headline as pure tech geekedness but you'd be missing out.  This is the real deal and may some day allow people with disabilities to do things they never have before.  An exoskeleton that can be worn by a human is a new type of robot under development at Tsukuba University. It's called Hybrid Assistive Limb, HAL for short, and anyone who wears it has potential to lift up to 10-times the weight they normally could. "It depends on his original power, because this robot suit is controlled by the assist ratio," says Yoshiyuki Sankai of Tsukuba University. "Usually we set it at 50% or 60% or 70%. If he is a very weak person we set the assist ratio at 90%,... Read more...
The RIAA has launched a fresh wave of 8000 lawsuits against alleged file-sharers world wide. This brings the total to more than 18,000 in the US and another 13,000 world wide.  In this most recent wave 17 countries were affected, including Brazil, Poland, and Mexico which had previously avoided lawsuits.  The music industry claims they loose billions of dollars annually to music piracy and is determined to set an example by filing civil and criminal suits to stomp it out. To date approximately 2300 people have settled these suits in amounts averaging $3,000. LONDON (Reuters) - The music industry has launched a fresh wave... Read more...
Though speculation of an nVidia acquisition by Intel has been circulating since the AMD ATI merger, such a deal may not provide sufficient financial incentive. No matter how beneficial technically, financial analyst are questioning the rumors from a business sense, and it may be that nVidia will be acquired by other interested parties. Intel Corp. is an unlikely suitor for chip maker Nvidia Corp., analysts said Thursday, although a source familiar with the situation noted takeover interest in Nvidia from various players in its sector. Nvidia shares climbed more than 8 percent on Wednesday on speculation that the graphics chipmaker could be acquired... Read more...
A federal judge has dismissed part of AMD's suit against Intel on the basis that it does not meet the anticompetative claims made.  In June of 2005 AMD filed a 48 page complaint against Intel alleging the company was engaging in monopolistic behavior by forcing companies (38 different ones cited) into using their chips thus forcing AMD out. Last year IDC reported Intel held 80% of the x86 processor market. Today those numbers are have changed slightly with AMD claiming that it has gained greater than 20% market share during the first two quarters of this year. Yesterday's ruling is sure to deal a blow against AMD. "AMD has not demonstrated that the alleged foreign conduct... Read more...
NVIDIA has yet to respond to the lawsuit filed by Scanner Technologies, in which they claim NVIDIA sold products based on a 3D BGA inspection system, used to ensure product reliability. Along with seeking undisclosed damages, Scanner Technologies is also going after preliminary and permanent injunctions, as well legal fees and court fees. "The complaint alleges that nVidia has sold and/or is presently selling throughout the United States infringing BGA devices that are covered by one or more claims of the Scanner Patents. The complaint also alleges that nVidia has induced others to infringe. These BGA devices are a component in graphics cards,... Read more...
Today it was announced that Apple has agreed to a settlement in which it must pay $100 Million to Creative Technology Ltd. Creative filed 5 patent lawsuits against Apple over the navigation system used with Apple's iPod MP3 player, claiming Apple violated patents that were already granted to Creative. Apple had filed two patent-infringement countersuits against Creative which were also settled, effectively ending all litigation between the two companies. "The settlement allows Cupertino, Calif.-based Apple to recoup a portion of its payment if other electronics companies license Creative's technology. "Creative is very fortunate to have been granted this early patent," Steve Jobs, Apple's... Read more...
Though the RIAA has been suing people over copyright infringement for a few years now, they've been starting to run into some roadblocks as of recent. Despite using such tactics as trying to sue deceased people, or even people without a computer, many of their lawsuits have been successful due to folks not wanting to fight the charges. A recent court battle has complicated matters for the RIAA though, as they've lost a case to an Oklahoma mother after they were unable to produce information concerning the number of songs downloaded, and the time of the downloads. This isn't the only suit giving them trouble though, more than a few people have decided to start fighting back.... Read more...
Ever notice that many things in science-fiction, especially from a technology standpoint, eventually become reality?  Buck Rogers showed us the first Laser Gun and there have been plenty of examples, (the Jetsons and Video Phones?) since then.  Well, you Mech Warrior fans ought to get a boot out of this one.  "Called The Land Walker, it weighs close to 1 ton (2,000 pounds!) and is controlled by four pedals from inside the cockpit. Additionally, it has built-in air guns that can shoot bullets (not real bullets, though..."sponge bullets"). Talk about a totally pimped out Halloween costume!" If man can dream it up, he will make it so...   See it in action at YouTube.... Read more...
Back in March of 2005, Google was hit with a lawsuit by french news agency "Agence France Presse". AFP claimed copyright infringement over Google's use of their content with Google's own news service. Though Google agreed to stop, they apparently haven't called it quits just yet. "A lawyer for Google declined to comment, while a Google spokesman couldn't immediately explain why AFP links and content are still appearing on Google News. An AFP official in its North America headquarters in Washington, DC referred questions to its lawyer, who didn't immediately reply to a comment request."... Read more...
The Inquirer is reporting today, that AMD's legal team had Microsoft subpoenaed in their anti-trust lawsuit against rival Intel. In addition to information regarding Microsoft's decisions to develop 64-bit versions of Windows, AMD wants data regarding Microsoft's thoughts on AMD's viability and other technologies like Palladium and Le Grande. "Microsoft is also being subpoenaed to provide documents reflecting or discussing its decision to develop software for AMD's or Intel's 64-bit microprocessors, its development of such software for these CPUs, and the timing and schedule for development and release of this software."... Read more...
SteamCast Networks, creator of the Morpheus file-swapping software, has filed a lawsuit naming Kazaa, Skype Technologies and its founders Niklas Zennstrom and Janus Friis, among others, as defendants. The suit, filed in U.S. District Court in the Central District of California, claims that StreamCast owns the technology underlying Internet calling provider Skype. Zennstrom and Friis are also the developers behind file-swapping software Kazaa. StreamCast and Kazaa have argued in the past over software licensing fees.... Read more...
Good evening everyone, it's that time again. I'll be eating supper in a minute, but first, I'm here to bring you articles about MSI's NX6600GT-TD128E, Corsair XMS2, and a Class Action Lawsuit against Abit... interesting stuff. Well folks, enjoy! Class Action Lawsuit Against ABIT for Bursting Capacitors @ PCstats "The Class Representative alleges in this Action that Abit Computer (USA) Corporation ("Abit") manufactured, marketed, and sold select models of its motherboards containing an allegedly defective component, namely, a capacitor, which was allegedly prone to failure. Abit has denied and continues to deny these allegations and has asserted a number of affirmative defenses."... Read more...
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