Items tagged with suit

If you use a computer on a regular basis, chances are you are running some sort of anti-malware application. If you aren't then you really should be, as recent studies show that malware is becoming more pervasive and more sophisticated. No operating system (OS) is immune from malware attacks, but Microsoft Windows is the most frequently targeted OS. In an effort to help guide Windows users as to what are the better anti-malware options available, AV-Test just released performance results from 34 of the most recently-available versions of security suites--including a number of 2009 and beta versions as well.  One of the primary expectations of a software security suite is that it will effectively... Read more...
I don't know about you, but I feel fine. Viacom doesn't. It sued Google, the owner of YouTube, for  $1 billion for copyright infringement. Google, in turn, doesn't feel fine either, because Viacom can sue them even though they claim they have made every attempt to comply with the DMCA. According to Google, the suit threatens the very existence of the sharing of any information on the Internet.{Google] said YouTube was faithful to the requirements of the 1998 Digital Millennium Copyright Act, saying the federal law was intended to protect companies like YouTube as long as they responded properly to content owners' claims of infringement.On that score, Viacom says Google has set a terrible... Read more...
Apple is certainly litigious over the use of the word "pod," and on Wednesday it received a taste of its own medicine, as it was sued over its "Mighty Mouse."  No, it's not for the reason you might think, as its already licensed the name "Mighty Mouse" from CBS.Apple is facing a new lawsuit over its Mighty Mouse peripheral, reports say. The case was filed in Greenbelt, Maryland by a company called Man & Machine, which is accusing Apple of violating a trademark associated with its own Mighty Mouse device, an optical mouse designed to be waterproof and chemical-resistant for use in environments such as labs and hospitals. Crucially, M&M began selling its product in 2004, over a year... 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 “Vista Capable” class action law suit we reported on earlier this month might be dead in the water before it even gets started:“Friday, Microsoft petitioned the Ninth Circuit Court of Appeals to hear its challenge of the case's class-action status, which was granted two weeks ago by U.S. District Court Judge Marsha Pechman. The company also filed a separate motion with Pechman on Thursday, asking her to stay the lawsuit's proceedings pending the appeal.”We'll be sure to keep you informed as the situation develops.... Read more...
People and/or companies filing suit against Apple ought to get a volume discount these days.The latest lawsuit, filed by Stacie Somers in the U.S. District Court for the Northern District of California, alleges that Apple uses unfair business practices.  Unfair could mean a lot of different things, but in this particular suit it refers to the iPod's inability to play Windows Media Audio files.“Further, Apple sells songs on the iTunes store with its own copy-protection technology, FairPlay, which is incompatible with music players other than the iPod.The suit contends iPod-owning consumers can only buy music from iTunes, an unlawful tie-in that violates U.S. antitrust laws. Apple could license... Read more...
It is no secret that in the printer market, the money is all in the consumables.  Paper, ink, and the like are where the money is made, not printers themselves.  As such, a Boston man has filed a lawsuit against Staples and HP on collusion and anti-trust grounds.A Boston man has filed a class-action lawsuit accusing hardware maker HP and office supply retailer Staples of colluding to inflate the price of printer ink cartridges in violation of federal antitrust law. According to the suit, HP allegedly paid Staples $100 million to refrain from selling inexpensive third-party ink cartridges, although the suit doesn't make it clear how plaintiff Ranjit Bedi arrived at that figure.For most... Read more...
You can nearly set your watch by the weekly Apple lawsuits, and future generations may count them to establish a sense of time between historic tech events in the same that way we count tree-rings to determine when natural disasters took place.This week's lawsuit was filed on behalf of Klausner Technologies and asserts that the Visual Voicemail technology, a service from co-defendant AT&T that works with the iPhone, infringes on two of their patents.  This isn't the first time that we've reported claims of patent violations leveled at Apple's iPhone, but the damages being sought are worth mentioning as is the fact that Klausner has won similar law suits against other huge industry names... Read more...
Online office packages beware!  There's a new player on the field, and its name is Live Documents, developed by Instant Collaboration Software Technologies out of Bangalore.  Interestingly enough, one of the company principals is Bhaita, who sold Hotmail to Microsoft in '97 for a reported $400 million USD.“The software supports any browser that supports Flash from Adobe Systems Inc. and runs on any computer operating system, said Sumanth Raghavendra, chief executive officer of InstaColl. Online documents can also be synchronized and worked with off-line, using a desktop client that wraps around an office suite running on the desktop, Raghavendra said. Live Documents automatically synchronizes... Read more...
Apple and Burst.com have settled their patent dispute for $10 million USD after two years of litigation.  The initial complaint was over four separate patents that covered transmission of compressed audio and video files that were used in iLife, iTunes, QuickTime and of course, the iPod.  Given the digital media nature of the listed products, and the installed base (especially for the iPod) it seems like $10 million USD might be a bargain price.“Under the agreement, Apple will pay Burst.com US$10 million and get access to Burst.com’s patent portfolio, with some exceptions, Burst.com said in a press release. Apple won’t have access to four of Burst.com’s current and pending patents,... Read more...
It seems that Apple get slapped with a new law suit every time anybody in their Cupertino headquarters sips a latte.A new law suit filed by SimmonsCooper LLC on behalf of DBC in the U.S. District Court for the Southern District of Illinois, Digital Background Corporation claims that the video backdrop feature for iChat violates their 1998 patent.“DBC's claim that infringement has been willful appears to stem from the fact that its technology has been readily accessible through a Windows product dubbed StarFX, which notes in its credits that the employed virtual backdrop technology is patented. The software application is "designed to be the industry standard for manipulating and enhancing PC... Read more...
Yahoo has been embroiled in a lawsuit over information it gave the Chinese government regarding several Chinese dissedents.  Last week it took a huge amount of criticism at a Congressional hearing.  Today it settled that case.No details have been given of the settlement but Yahoo will be covering legal costs.The case alleged that Yahoo had provided information to the Chinese government that had then been used to prosecute the dissidents.Yahoo said it had to comply with Chinese laws to operate in the country.A statement released by the World Organization for Human Rights USA, which brought the case, said Yahoo had decided to settle the case following criticism at a US Congressional hearing... Read more...
There haven't been too many law suits that have this kind of far-reaching industry-wide consequences: PCI-Express itself has come under attack by Microlinc LCC according to their latest filing in Texas.Perhaps the strangest part of all is that this suit will put even rivals AMD and Intel on the same side, not something that is accomplished that often:“As a result, Intel is named alongside nine other companies that the plaintiff believes are contributing to the perceived infringement. Intel's rival AMD is included for using PCI Express for its mainboards, as is NVIDIA. Large computer makers Apple, Acer, Dell, Gateway, HP, Lenovo, Sony, and Toshiba are all accused of aiding Intel by building desktops... Read more...
The filing of law suits over the iPhone never seems to stop.  In fact, the sheer volume and type of litigation over the iPhone may end up seeing the device unwelcome in France.  Quelle honte!This new class action law suit, filed by Timothy Smith in California, is quite similar to the one filed last week: customers want service and support covered under the warranty on unlocked phones plus monetary damages.“Smith's lawsuit also claims that an exemption to the federal Digital Millennium Copyright Act of 1998 granted last year allows for phone unlocking and so should invalidate Apple's move last month to disable phones modified to work with non-AT&T networks. Moreover, said the suit,... Read more...
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