Legal

iTunes TOS amended with Touch ID, Popular Near Me clarification

Christian Zibreg ∙ September 18, 2013

In another sign of the imminent iOS 7 release, Apple has just released iTunes 11.1 for Mac and Windows with support for iOS 7 devices and installations, also bringing out new features like iTunes Radio, Podcast Stations and Genius Shuffle.

As part of the release - and consistent with Apple's history - the company has updated the iTunes Terms & Conditions. The document has been amended with additional information regarding authenticating your account for purchases and automatic delivery of app updates, in addition to the previously unknown tidbits about the App Store's Popular Near Me feature...

Court rejects faulty iPhone power button suit

Ed Sutherland ∙ August 30, 2013

A California U.S. District judge derailed a potential class-action lawsuit against Apple and AT&T earlier this week, rejecting a complaint that the two companies conspired against fixing a defect in the popular iPhone 4 and iPhone 4S handsets. Two California consumers had alleged a "wiggly" power button presented a safety hazard which both the tech giant and the carrier kept hidden in order to sell more of the handsets.

On Wednesday, U.S. District Court Judge Gary Feess dismissed the argument for a racketeering charge, ruling the safety hazards were "speculative" and occurred beyond the product's warranty period. The court's rejection could influence a second similar federal lawsuit still making its way through the legal system...

In proposed settlement, customers could receive up to $3 per e-book downloaded

Ed Sutherland ∙ Updated April 14, 2018

While much recent discussion regarding Apple's guilty verdict on e-book price-fixing charges, we're now getting the first glimpse at how consumers may benefit. Based on a proposed $162.25 million fund established by the five publishers who earlier settled, consumers could receive up to $3.06 per New York Times bestselling e-book they downloaded to their iPhone, iPod touch or iPad.

The exact amount depends on whether your purchased e-book was listed on the NYT bestseller list, with a smaller $0.73 disbursed if your e-book did not make it on the list...

Apple could face legal hurdles with a “Champagne” iPhone

Sébastien Page ∙ Updated December 29, 2016

"Champagne is neither a colour, nor anything else than the name of wines from Champagne." This is the tweet sent a few days ago by the Comité Champagne, a trade association that represents the interests of independent Champagne producers and Champagne Houses in France.

The tweet, which came with a link to a page showcasing significant victories of the Comité Champagne in defending the Champagne name across the globe, was a not-so-subtle way for the organization to send Apple a message that it'd better think twice if it decided to indeed call its rumored gold iPhone model Champagne...

Apple seeks to trademark ‘startup’ globally for computer retail service

Ed Sutherland ∙ Updated January 26, 2016

Apple is seeking to trademark the term 'startup' as it relates to computer retailing, support and education. Although filed in Australia, the application reportedly could have global impact. The move comes as Apple preps its September launch of a new iPhone 5S and 5C, accompanied by the addition of a new iPhone trade-in program at its retail locations. But is there any concern that Apple's application is too broad?

With 171 lawsuits in past 5 years, Apple is patent trolls’ favorite target

Ed Sutherland ∙ Updated August 26, 2017

Apple is to patent trolls what Justin Bieber is to prepubescent girls. The iPhone maker has become the favorite target for companies whose sole product is lawsuits, according to a new study finding Apple has been sued 171 times by patent trolls over the past five years.

Since 2009, the number of yearly lawsuits by trolls (or Non-Practicing Entities, as they're called in more politically-correct circles) against Apple has steadily risen with 24 filed through June 30 this year...

Apple and Samsung win bid to keep secret financial details

Christian Zibreg ∙ August 23, 2013

Apple and Samsung were both ordered to make public their profits and other financial details pertaining to their business, as part of last October's copyright infringement lawsuit that saw a US jury award Apple a billion dollar in damages over Samsung's patent infringement practices. Needless to say, both companies filed motions to keep sensitive data private.

Today, as Reuters reports, both technology titans won their respective bid to keep secret financial details. A federal US Court of Appeals in Washington, DC rebuked the trial judge who had previously ordered the financial information from both Apple and Samsung be made public...

DOJ: Apple used in-app purchases as club against Amazon

Ed Sutherland ∙ Updated January 26, 2016

The U.S. Department of Justice Friday tweaked its ebook settlement offer, including emails between Steve Jobs and Apple's marketing head. The revised settlement charges Apple altered its in-app purchasing policy "to retaliate against Amazon for competitive conduct that Apple disproved of."

The email exchange between Jobs and marketing chief Philip Schiller discussed how to counteract an Amazon commercial showing how the internet retailers app allowed ebooks to be read on either the iPad or the Kindle...

Judge tosses App Store monopoly suit

Christian Zibreg ∙ August 16, 2013

Back in 2011, a suit was leveled against Apple of California, alleging its tight control of the App Store and the way it handles third-party software distribution for the iPhone constitutes a monopoly. The plaintiffs charged consumers can only get apps only from the App Store due to Apple's decision to shut out thrid-party app stores on its platform.

Yesterday, U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, dismissed the suit over a procedural blunder. The plaintiffs, the ruling explains, have failed to prove they've been “deprived of lower cost alternatives" or "paid higher prices for Apple-approved applications", or had their iPhones "disabled or destroyed"...

Judge says Apple could renegotiate iBook contracts with publishers

Ed Sutherland ∙ Updated April 14, 2018

The judge in the government's antitrust lawsuit has weighed in on settlement negotiations between the Department of Justice and Apple.

The iPhone maker could reopen staggered renegotiations with e-book publishers, U.S. District Court Judge Denise Cote reportedly said Monday.

Government lawyers had recommend that Apple agree to drop its current e-book contracts and abstain from a new agreements for five years. Judge Cote, who ruled Apple conspired with publishers to raise prices of e-books ahead of the iPad's launch, also wants to hold another hearing, possibly to review guidelines she is suggesting...

Apple’s request to suspend e-book ruling denied

Christian Zibreg ∙ Updated April 18, 2016

Today's a big day for Apple as the company faces some major legal showdowns. First, the United States International Trade Commission handed down its final ruling on the long-running complaint against Samsung, ordering an import ban on infringing Samsung smartphones and tablets, which will take effect at the end of the 60-day Presidential review period.

It's a major win for Apple in its long-standing dispute against Samsung. However, the company is also waging another major battle, this one concerning the U.S. government's e-book price fixing allegations.

Apple's agency business model - where publishers get to price their iBooks themselves, with Apple keeping its standard 30 percent cut - has unfortunatelly suffered a major setback as its request to suspend Judge Cote’s ruling in e-book case has been denied...

DoJ again accuses Apple of conspiring with publishers

Christian Zibreg ∙ Updated January 26, 2016

In another twist to the e-book case involving Apple and five major book publishers, the United States Department of Justice (DoJ) on Friday said Apple and publishers have “banded together once again," arguing strict regulation is necessary. Apple of course argued a stay. The government may be attempting to gain leverage here by accusing (again) Apple of conspiring with publishers ahead of today's decision on punishment in the e-book antitrust case...