Tag - Supreme Court
The US Supreme Court has refused to hear an appeal by the Authors Guild and other writers, ending a case in which the guild had challenged Google's wholesale scanning of books for which they did not own the copyright. In letting stand the lower Second US Circuit Court of Appeals ruling, the justices essentially condoned what the Authors Guild called "an unprecedented judicial expansion of the 'fair-use' doctrine." The ruling opens the door for anyone, from students to other large-scale preservation or information projects, to scan books under copyright and make them freely available, as long as it fits the "fair use" conditions.
The ongoing battle between Samsung and Apple over design patent infringements continues, this time with a trip to the Supreme Court. A request by Samsung for the Supreme Court to hold a hearing about the case was granted by the court yesterday, despite Apple's protestations, and the results of that hearing could dramatically change the amount Samsung has to pay out to Apple as compensation for previous infringement rulings in lower courts.
This week, a special guest takeover by MacNN Editor Charles Martin, who along with Malcolm Owen chats about the latest developments in the ongoing Apple-FBI saga, what's in the forthcoming OS X and iOS updates, rage a bit about the decision by the Supreme Court not to hear Apple's e-book appeal, discuss Amazon's second physical bookstore opening, and spend a surprising amount of time on Malcolm's recent move, with additional nattering about Internet and TV pricing in remote Welsh villages. All that, and Thingie of the week.
Apple's three-year legal case over price-fixing of e-books has ended, with the US Supreme Court saying that it will not allow the company to appeal. The court will not listen to Apple's contention that a 2014 settlement requiring it to pay $450 million in costs and damages is wrong. That's the Supreme Court's right, and all legal cases have to end somewhere, even if more nebulous ones do seem to go on for a lot longer. Yet this isn't a nebulous case -- and the result, in my opinion, is wrong.
Welcome to the Game Replay, the thrice-weekly look at the wider world of gaming by the staff of MacNN. In today's edition, Activision endures poor sales of its rebooted Guitar Hero franchise, Scott Cawthorn rereleases the latest Five Nights at Freddie's game for free, and the ESA remembers the late Supreme Court Judge Antonin Scalia.
Apple has asked the Supreme Court not to listen to Samsung's appeal over the ongoing patent infringement lawsuit, a filing from Tuesday has revealed. Samsung's request to the Court in December asking it to hear a design patent case is being opposed by Apple, with the arguments that Samsung has already failed to prove it's innocence, and despite the attention the case has received over the years, it is "unexceptional" and should not be looked into further.
Contrary to some speculation that Samsung may have timed its formal request for a Supreme Court review of its first patent battle to specifically avoid paying the $548 million in damages it was order to produce by December 14, court records show the amount as indeed sent to Apple -- though if the Korean manufacturer is successful in its latest appeal, Apple could conceivably have to pay back the money. The award, down to about half the original $1.1 billion jury award for the copying, has been whittled down through numerous appeals and recalculations.
Samsung is yet again trying to escape the judgement against it, won by Apple. In a filing today making good on a promise made in August, the Korean device manufacturer is seeking a retrial of the first Apple versus Samsung smartphone patent battle, and is asking the Supreme Court to hear a design patent case for the first time since 1894.
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.
Following on from its petition for certiorari (request for judicial review), Apple has formally requested that the US Supreme Court overturn the appellate court decision that found the appeals court mostly in agreement with Judge Denise Cote's original finding that Apple had conspired with publishers to raise the price of e-books in an effort the iPhone maker (and the publishers) have repeatedly said was intended to open the market to competition and diversify the number of publishers by making the industry viable.
Now AAPL Stock: 93.93 ( -0.9 )
Verizon gives last offer, issues workers ultimatum
Verizon has offered striking workers its "last, best and final offer" following 10 months of protracted negotiations with union leaders. The latest offer comes on the back of 36,000 Verizon employees taking strike action two weeks ago. The proposal includes a 7.5 percent wage rise, better benefits and voluntary retirement incentive offers. The striking workers, mainly on from its fixed line operations, have claimed that Verizon has outsourced 5,000 jobs to workers overseas and that it has been deliberately hiring low-wage, non-union contractors. Verizon recently posted revenue of $32.2 billion for the March quarter. http://cnnmon.ie/26AmwSv
CarPlay comes to Porsche 718 Cayman
Porsche has revealed that its new 718 Cayman series will be the latest vehicles in its range equipped with support for Apple CarPlay. The new Porsche models joins the recently announced 718 Boxster, the 2017 Macans and the 2016 model of the 911 in offering support for Apple's iOS in the car interface. Both are fitted standard with an eight speaker sound system and the Porsche Communications Management (PCM) system. The entry-level Cayman starts at $53,9000, while the faster S variant starts from $66,300. Although already on sale, the won't reach US dealers until late November. http://prn.to/1Tj1EW7
Macphun offers free Photos filters
Image editing software maker Macphun are offering a free set of up to 30 photo filter effects to extend the range of filter options available to users of Apple's Photos app for OS X, which replaced the previous iPhoto program. The first 15 filters are available after installing the software, and includes filters such as "Ancient Canvas" and "Twilight," while users who sign up for the Macphun newsletter will unlock the other 15 effects. The extension integrates directly into Photos, and include sliders for finer control of the effects and a masking brush. http://bit.ly/1VEgQD6
Snapchat sued over speed filter photo overlay
Accident victims in Spalding County, GA are suing Snapchat, as well as the driver responsible for the accident. The suit alleges that the app's "speed filter," which can post the speed that which a picture was taken, encouraged driver Christal McGee to attempt to reach 100 miles per hour in her car, leading to the accident that caused both Wentworth and Karen Maynard serious injuries. The suit alleges Wentworth Maynard suffered brain damage in the incident. McGee posted a photo of herself in a cervical collar on the way to the hospital, saying that she was "lucky to be alive." Snapchat has not commented on the lawsuit. http://abcn.ws/24nhR49
Pandora bleeding slows, posts $28.9M Q1 loss
Streaming music service Pandora today announced financial results for the first quarter of 2016, posting a loss of $28.9 million, an improvement from the $48.3 million loss it showed in the year-ago-quarter. Total consolidated revenue was $297.3 million, growing 29 percent year-over-year. Total listener hours grew 4 percent to 5.52 billion for the first quarter of 2016, compared to 5.30 billion for the same period of the prior year. Active listeners were 79.4 million at the end of the first quarter of 2016, up compared to 79.2 million for the same period of the prior year. http://pdora.co/1WtxdkW
Carl Icahn dumps Apple stock on China worries
Carl Icahn has sold all of his stock in Apple, citing concerns over sales in China. While he called Apple a "great company" and praised Tim Cook for "doing a great job," Icahn sold his shares after the Apple investor results, garnering a profit of $2 billion over three years. Icahn said of business in China that the Chinese government could "come in and make it very difficult for Apple to sell there." Should the market steady in China, Icahn said that he will re-invest in the company, regardless of the market price. http://cnb.cx/1SCfEdI
August Home HomeKit compatible Smart Lock ships
Smart lock developer August Home today began shipping its second generation Smart Lock, with HomeKit support. In addition to full Siri support, the Smart Lock is also compatible with third-party HomeKit apps like Insteon+, Lutron, and iDevices, allowing for multi-step actuations, like turning on a light when the door is locked or unlocked. The August Smart Lock HomeKit enabled retails for $229. http://bit.ly/1SvADlG