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Tag - DOJ
After being largely ignored -- even after presenting evidence -- at the first bench trial and in the appeal of Apple's e-book antitrust conviction, four large industry groups representing the content creators and sellers of e-books have filed amicus curae ("friend of the court") briefs in support of Apple, urging the Supreme Court to overturn the rulings. The filings say that Amazon used loss-leader pricing to eliminate competition and abuse its monopoly, ultimately doing more harm to consumers than Apple has ever been accused of.
The judge at the head of the iPhone unlocking controversy court hearings has upped the ante somewhat. In arguments Monday, Judge James Orenstein said that forcing Apple to extract data from a suspect's iPhone 5s would be tantamount to forcing a pharmaceutical company to provide drugs for executions against company mandate.
This past Friday, the Comcast Time Warner Cable (TWC) merger was officially canceled. A report by Bloomberg Business indicates the resistance by both the Department of Justice (DoJ) and the Federal Communications Commission (FCC) has been in play for quite a bit longer than just the week prior to when the deal was nixed.
The US Federal Trade Commission (FTC) has decided that Dish Network is liable for making 57 million phone calls in flagrant violation of telemarketing laws, including calling members of the "Do Not Call" list established by the US Government. A trial has been set for July in Illinois, with penalties of up to $16,000 possible for each violation. The Department of Justice filed the complaint at the FTC's request in March 2009. The US Department of Justice, on behalf of the FTC, is jointly litigating the case with four state co-plaintiffs -- California, Illinois, Ohio, and North Carolina.
Michael Bromwich, the court-appointed monitor for Apple's anti-trust compliance policies, demonstrated a marked change in attitude towards the company in his latest report, the first since a Court of Appeals and the DOJ significantly scaled back his powers of investigation and range of allowable duties following Apple complaints in February. A change of "point of contact" with the company has resulted in Apple being "more cooperative" than previously, Bromwich said.
Apple has officially filed for an appeal of US District Judge Denise Cote's recent decision, which denied both Apple's request to suspend an antitrust external compliance monitor (ECM) while an appeal of the main judgement is considered, and a request to disqualify the current appointee, Judge Cote's personal friend and former DOJ Inspector General Michael Bromwich.
Apple has filed a formal request with the same judge that appointed the antitrust compliance monitor to have him removed, citing a wide range of complaints and accusations of overreach -- including the monitor's own recent declarations, which the company says prove a pre-existing bias. Former DOJ Inspector General Michael Bromwich was a controversial choice for the post due to his lack of antitrust experience and personal relationship with the judge, among other problems and conflicts of interest.
Judge Denise Cote, who presided over the e-book price-fixing trial between Apple and the US Department of Justice, has softened or eliminated a number of restrictions recommended by the DOJ since it emerged victorious in the trial; however, she said in a hearing on Tuesday that she does plan to require Apple to hire an external monitor whose job would be to review the company's internal antitrust compliance program.
Additional testimony and questioning in the DOJ e-book price-fixing trial against Apple has turned the nature of the case -- which has already become more into a inquiry of Amazon's misdeeds than of Apple's -- so far away from where the DOJ wanted it to go that even Apple's own lawyers sat up and took notice when Judge Denice Cote asked a key question during Friday's hearing. Cote, who in various pre-trial statements had made it crystal clear she believes the DOJ's original claims against Apple, injected doubt into a key part of the prosecution's case.
The Department of Justice has filed its response to Apple's call for the settlement with three of the major publishers to be dismissed or suspended at least until after the trial in which the DOJ accuses Apple and two other publishers of colluding to fix e-book prices. In it, the DOJ accuses Apple, Penguin Group and Macmillan of causing "unmistakable consumer harm."
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Instagram now supporting multiple accounts
As reported earlier, Instagram has formally announced that it will roll out support for multiple accounts (up to five) in it's iOS app with an update that will bring the program to version 7.1.5. The feature has been one of the main attractions of third-party Instagram clients, but it is unclear if users must seek out an "add account" preference in the app, and some users are reporting that the ability to add accounts has not yet been added. The company says notifications "depend on when you last logged in, and the number of devices that are logged into that account," suggesting not all notifications across accounts will appear when logged into a given one. http://bit.ly/1moh95p