Legal

Investigators raid Apple France offices over unfair business practice

Christian Zibreg ∙ July 1, 2013

Apple's woes with French authorities persist with news that the country's watchdog has conducted a thorough raid of the company's offices over accusations of unfair business practices. According to local news reports, French watchdog is investigating claims that Apple has screwed the country's major wholesalers and distributors by offering better deals with its own retail stores.

This isn't actually terribly surprising given some third-party retailers have been complaining for years that Apple has been discriminating them. However, this is the first time a major antitrust organization is investigating the company over the assumed business practice...

iTunes license agreement says you can’t use it to make nuclear weapons

Cody Lee ∙ June 30, 2013

Folks in the illegal arms manufacturing industry may want to double check the iTunes End User License Agreement before using the software for business. Apparently there's a clause in the agreement that says you can't use the app to make nuclear weapons.

It's not a new addition by any means—I found references to the clause dating back to 2008. But given the fact that the gem has been rediscovered this week, and is causing quite a bit of commotion in the tech world, we figured it was worth sharing this morning...

Judge denies adding Galaxy S4 to Apple suit

Christian Zibreg ∙ June 27, 2013

Apple's plan to add Samsung's flagship Galaxy S4 smartphone to its second California suit has just hit a major roadblock as U.S. Magistrate Judge Paul S. Grewal just denied Apple's request on the ground that it would be a “a tax on the court’s resources”. A lawyer for Apple told the judge that excluding the Galaxy S4 “would require Apple to file a new lawsuit” because the Samsung products covered by the case will be out of date by trial next year, Bloomberg reported Thursday...

Samsung wants to settle EU antitrust case over Apple to sidestep $17.5B fine

Christian Zibreg ∙ June 25, 2013

The European Union six months ago launched a formal investigation into a potential breach of EU antitrust rules by Samsung. The antitrust investigation focused on the South Korean conglomerate's handling of industry-essential patents that EU regulators insist should be licensed to others on fair, reasonable and non-discriminatory terms (FRAND).

The investigation determined that Samsung was abusing its patent portfolio by seeking high royalties it knew didn't make business sense, just so it could later assert those patents against rivals such as Apple. ”Samsung has been involved in settlement discussions for several months now," an unnamed source told Reuters on Tuesday. "Samsung wants to settle”...

Steve Jobs originally didn’t want to enter the e-book market

Oliver Haslam ∙ June 15, 2013

In a dose of irony that shouldn't be lost on anyone and at a time when Apple's Eddy Cue is being hauled before the U.S. Department of Justice in Manahattan, Apple's Senior Vice President of Internet Software and Services has admitted that Apple co-founder and then CEO Steve Jobs didn't even want to sell e-books in the first place.

Speaking whilst testifying during the ongoing price fixing case yesterday, Cue said that when first approached about the idea of launching iBooks, Steve Jobs was not keen on it, leaving Cue to bide his time before broaching the subject again.

In fact, it was only with the release of the iPad fast approaching that Jobs realized that iBooks may be a good idea after all, and the rest as they say, is history...

Apple to appeal U.S. import ban on older iPhones and iPads

Christian Zibreg ∙ June 5, 2013

Apple's legal fight against Samsung yesterday took a turn for the worse with the United States International Trade Comission (ITC) rather surprisingly having found the iPhone maker guilty of infringing on a 3G cellular patent asserted by Samsung. This means Apple is now facing a U.S. import ban on older iPhone and iPad models, including the iPhone 4, the iPhone 3GS and 3G iPads.

The ban should go into effect within 60 days unless vetoed by the White House during a Presidential Review period. In light of the development, Apple of course plans on appealing the ruling because Samsung's invention is basically a standards-essential patent and as such shouldn't be asserted against rivals to seek import bans...

Apple: no conspiracy in e-book case, DoJ unfairly twisted Steve’s words

Christian Zibreg ∙ Updated April 18, 2016

Yesterday, the Department of Justice (DoJ) publicized its antitrust case against Apple in the form of an 81-page slide deck to prove that the iPhone maker has teamed up with five major U.S. publishers to form a cartel in order to raise prices of digital books. But as Tim Cook said at the D11 conference, Apple is going to fight the "bizarre" case and has no intention to “sign something that says we did something that we didn’t do".

And while the DoJ is arguing the facts, Apple is arguing the law and accusing the government of unfairly twisting Steve Jobs's words pulled from Walter Isaacson’s bio book. Apple’s attorney Orin Snyder denied any conspiracy and argued that “publishers fought us tooth and nail”...

Apple squares off with the government in ‘bizzare’ e-book lawsuit

Christian Zibreg ∙ Updated April 18, 2016

As I reported earlier this morning, Apple today squared off with the United States Department of Justice (DoJ) in a Manhattan courtroom in a "bizzare" case (Tim Cook's words, not mine) that some watchers say will set the rules for Internet commerce. Here's what both sides emphasized in their opening statements, including an upcoming testimony by Apple's Internet services lead Eddy Cue...

Apple goes to trial today over e-book price fixing allegations

Christian Zibreg ∙ June 3, 2013

As you know, the United States Department of Justice (DoJ) in April 2010 filed an antitrust lawsuit against Apple over allegations that it conspired with five major publishers to raise prices of e-books sold on the iBookstore in order to break Amazon's monopoly. Now, DoJ previously called Apple a facilitator and said email messages from Steve Jobs prove its guilt. U.S. District Judge Denise Cote believes the government will prevail and Reuters reports this morning that Apple is scheduled to square off with the government in a Manhattan courtroom later today.

Apple, of course, maintains its innocence. So, why all the fuss?

EU advances probe of iPhone sales tactics

Christian Zibreg ∙ May 27, 2013

The New York Times back in March reported that a group of unnamed European wireless carriers complained to the European Commission about Apple's strict volume and marketing commitments in regard to iPhone sales. Today, the Financial Times claims to have seen documents proving that Brussels is moving a probe into iPhone sales tactics to the next stage.

The news couldn't have come at a worst time for Apple, which earlier this month faced U.S. Senators who grilled CEO Tim Cook along with two other high-ranked executives over Apple's tax avoidance tricks and refusal to repatriate revenue from sales made overseas...

DoJ calls Apple out for allegedly facilitating e-book price fixing

Christian Zibreg ∙ May 15, 2013

As you know, publishers Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster all settled with the US Justice Department (DoJ) in an antitrust lawsuit the government filed against them and Apple in April 2012. In turn, DoJ is focusing on Apple now and, according to a new report, is calling Apple out for being a facilitator of an alleged price fixing related to electronic books sold on its iBookstore.

Furthermore, DoJ claimed it collected evidence that proves Apple was the "ringmaster" in the price fixing conspiracy...

Apple to add Galaxy S4 to second California suit

Christian Zibreg ∙ May 14, 2013

We certainly saw this coming. According to the FOSS Patents blog, run by patent expert Florian Müeller, Apple has decided to add the Galaxy S4 flagship smartphone to its patent infringement case against Samsung Electronics, while also dropping another product. The parties are expected to narrow their lists of the patent-infringing products. Currently, there are 22 gizmos each on their respective lists...