Legal

Apple cracks down on users who abuse the 14-day return policy for digital content in Europe

Sébastien Page ∙ January 12, 2015

Users looking to abuse Apple's new 14-day return policy for digital purchases in Europe will be in for a bad surprise, as the company has apparently been taking measures against those that want to dishonestly take advantage of the system.

According to one account from a user who had been abusing the return policy by downloading a dozen apps and requesting refunds after "trialing" them, Apple quickly caught up to the scheme and is now warning him he won't be eligible for refunds for newly purchased applications.

Apple did not harm consumers with iTunes’ FairPlay digital rights management, ruling finds

Christian Zibreg ∙ December 16, 2014

Apple's proprietary digital rights management software, FairPlay, that prevented users from loading songs from rival music stores on early iPods, did not harm consumers nor did it violate the United States antitrust laws, an eight-person jury has determined.

As reported by The Verge, the jurors have sided with Apple in a decade-long suit and have not found Apple guilty of exploiting FairPlay DRM as a lock-in preventing rival music stores from syncing with iPods. Though the iPhone maker is off the hook now, an appeal will be filed with a higher court.

Big media wants to make Steve Jobs deposition video public

Christian Zibreg ∙ December 9, 2014

A videotaped deposition of Steve Jobs, recorded in 2011 shortly before his passing and played during the iPod class-action lawsuit, could be made public if news organizations such as The Associated Press, CNN and Bloomberg succeed in proving that releasing the two-hour video is in public interest, CNET reported Tuesday.

And boy would it be interesting to watch Jobs make a series of snarky comments. Asked whether he had heard of Real Networks, Apple's late co-founder asked “Do they still exist?” All told, he responded 74 times with “I don’t remember,” “I don’t know” or “I don’t recall.”

Snarky comments revealed by Steve Jobs’ testimony in iPod class-action lawsuit

Christian Zibreg ∙ December 3, 2014

A decade-old class-action lawsuit over the iPod and Apple's practice of locking the media player to its iTunes ecosystem is kicking off this week and with it comes a videotaped deposition of Steve Jobs, recorded in 2011 shortly before he died.

It's full of snarky comments and as if that wasn't enough, attorneys have unearthed emails between Apple executives and other evidence casting light on the company's inner workings at the time.

The suit revolves around the iPod, iTunes and FairPlay, Apple's digital-rights management (DRM) system for copy-protection of music sold through the iTunes Store. FairPlay was dropped in 2007 following the 'Thoughts on Music' open letter by Steve.

Apple’s appeal to trademark ‘App Store’ in Australia tossed out of the window

Christian Zibreg ∙ December 3, 2014

It looks like Apple has been unsuccessfully in its appeal to trademark the term ‘App Store’ in Australia on basis that its application does not distinguish the applicant on its own, the Sydney Morning Herald newspaper reported.

According to court documents, Justice Yates on Wednesday ruled that Apple’s appeal be dismissed and that the company pay the court costs of the Registrar of Trade Marks.

To get you up to speed, the Registrar of Trade Marks initially refused to greenlight Apple’s proposed ‘App Store’ trademark in March of last year because it was “too descriptive,” prompting the California firm to appeal the decision in the Federal Court.

Chinese phone maker claims Apple’s iPhone 6 is a ripoff

Jake Smith ∙ Updated April 17, 2018

Chinese phone maker Digione claims Apple's iPhone 6 infringes on a patent for its own smartphone under the 100+ brand, and plans to take Apple to court if things aren't resolved. In a letter sent to Apple in September, Digione says it wants to communicate further with Apple to prevent "potential legal risks for the sake of further understanding and communication."

Department of Justice compelling smartphone makers to bypass encryption

Christian Zibreg ∙ December 2, 2014

The United States Department of Justice is reportedly pursuing an unusual legal strategy to compel cellphone makers to assist investigations by removing device encryption on iPhones and other mobile devices, according to findings by technology website Ars Technica.

Tapping the All Writs Act, feds want Apple’s help to defeat encrypted phones, as revealed by newly discovered court documents from two federal criminal cases in New York and California.

Court gives Apple final approval for e-book settlement with consumers

Christian Zibreg ∙ November 21, 2014

During a hearing Friday in Manhattan, a United States judge gave Apple final approval to pay $450 million to settle claims that it conspired with five publishers to raise e-book prices on the iBooks Store.

Reuters reports that Judge Cote approved what she called an “unusual” accord. The ruling came after Apple in July agreed to pay big bucks to settle price fixing allegations that the government and class action lawyers leveled against the Cupertino firm.

GT Advanced creditors complain about getting ‘too little’ in proposed Apple settlement

Christian Zibreg ∙ November 19, 2014

As Apple moves to repurpose the Mesa, Arizona plant it sought to run with the now bankrupt GT Advanced Technology, Reuters is reporting Wednesday that GT's creditors aren't all too happy about the agreement.

Even though the iPhone maker is committed to keeping the Arizona facility alive despite the failed sapphire manufacturing agreement with GT, creditors in a bankruptcy court filing noted that GT “may have gotten too little” in the proposed settlement with Apple.

iPhones found to infringe pager tech, Apple ordered to pay $23.6M in damages

Christian Zibreg ∙ November 18, 2014

Bloomberg is reporting this morning that Apple's iPhone and other devices have been found to infringe half a dozen pager technology patents owned by a Texas company called Mobile Telecommunications Technologies LLC.

Six patents owned by Mobile Telecommunications Technologies are valid and infringed, a federal jury in Marshall, Texas, has found.

The iPhone maker was ordered to pay the Texas company $23.6 million in damages.

U.S. Court says phone passcodes are protected under the law

Christian Zibreg ∙ October 31, 2014

Criminals should protect their iPhones with a passcode, not Touch ID, as a Virginia District Court has determined that passcodes are protected under the Fifth Amendment of the United States Constitution while fingerprints are not, according to a report Friday by Hampton Roads.

The Fifth Amendment protects citizens from self-incrimination so a phone is protected under the law because otherwise it would require a defendant to divulge knowledge. Put simply, a Circuit Court judge has ruled that a criminal defendant can be compelled to reveal their fingerprint but not the passcode, so that police could search their mobile phone.

FTC drags AT&T to court over ‘deceptive and unfair’ throttling of unlimited data users

Christian Zibreg ∙ October 28, 2014

It's sad that we've grown accustomed to greedy carriers and their unlimited data deals. Not only does unlimited service typically come with lots of strings attached, carriers have dumb excuses ready once folks realize their data speeds are being throttled.

Having decided not to let it slide, the United States Federal Trade Commission (FTC) is now taking AT&T to court over what it called “deceptive and unfair data throttling” policy.

As announced on Twitter and via a media release, the FTC's federal court complaint alleges that the Dallas, Texas headquartered firm in some cases reduced data speeds for unlimited customers by up to 90 percent while failing to explain in clear and concise manner why and when throttling would take place.

“AT&T promised its customers 'unlimited' data,” reads the complaint, “and in many instances, it has failed to deliver on that promise”.

“The issue here is simple: 'unlimited' means unlimited,” said FTC Chairwoman Edith Ramirez. AT&T's other sin: the company avoided mentioning throttling to customers who were about to renew their unlimited contracts.