Copyright © 2016
Tag - Court
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.
Apple is no longer under pressure from the Justice Department and a New York District Court for refusing to extract data from a suspect's iPhone 5s, as the defendant in the case has pleaded guilty. Jung Feng has admitted guilt on three counts related to the distribution of methamphetamine, effectively negating the need for the DOJ to try and coerce Apple into breaking its own iOS security to help the government with its case.
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.
A federal filing has shed some light on the court matter involving Apple's unwillingness to unlock an iPhone 5s owner's phone running iOS 7. The filing, made yesterday, points out the suspect's name, as well as device type, and notes that Apple has had no problem unlocking devices with court order in the past. Additionally, the US attorneys claim that Apple has no legal standing to decline the search warrant on the basis of tarnishing the brand of the company.
Apple has filed its brief with the US legal system, reiterating that it cannot decrypt all of its phones on demand, but still has the "technical ability" to unlock older phones. However, the device in question, one of the estimated 10 percent of devices on an operating system older than iOS 8 can be unlocked by Apple, and the company will do so if has been given clear legal authority to do so -- but would rather the judge not request the company do so.
Apple's contentious time spent with e-book antitrust monitor Michael Bromwich has may be coming to a close. A letter filed jointly by Apple and the US government claims that the computer manufacturer has "implemented meaningful antitrust policies, procedures, and training programs that were obviously lacking at the time Apple participated in and facilitated the horizontal price-fixing conspiracy found by this court," and recommends that the antitrust monitor's tenure need not be extended.
Apple and Samsung have agreed to participate in court-supervised mediation to try and finally find a settlement sum satisfactory to both parties over the first of their two US patent trials, which originally ended with a judgement against Samsung for $1.05 billion. Through various legal actions, that sum has been whittled down to half of its original amount, and is about to be re-scrutinized yet again in yet another damages retrial. The two companies will be meeting with a new judge sometime on or before November 15.
A Supreme Court docket entry revealed on Wednesday that Apple will file a petition to have the court overturn its 2013 conviction of leading a conspiracy to fix e-book prices. The request for time to file a petition for certiorari was filed by former Solicitor General Seth Waxman, now of the WilmerHale legal group, and Theodore Boutrous of Gibson, Dunn & Crutcher. The original conviction was handed down in a bench trial by Judge Denise Cote, but was upheld on appeal this past June by two of the three judges on the federal panel.
As has been predicted for some time, the US government is clashing with technology companies over the encryption of personal data when it comes to law enforcement. The Justice Department is accusing Apple of disobeying a court order that it turn over text messages, in real time, between suspects in a guns-and-drugs case who are using iPhones. Apple has said the messages are encrypted without third-party keys, and thus it cannot comply with the order. Microsoft is also fighting the government, over whether emails stored outside the US should be given to US officials.
US District Court Judge Rodney Gilstrap has denied Apple a chance at a new trial to clear its name from charges that it willfully infringed on patents owned by patent troll Smartflash last February, but has decided to retain the dismissal of the original $532.9 million awarded to the company for damages, clearing the way for a damages retrial later this month. Judge Gilstrap reversed the jury's award, but not its findings of infringement, after he determined his own instructions on calculating royalties may have confused the jury.
Now AAPL Stock: 93.12 ( -1.16 )
Complex date setting bug crashes 64-bit iOS device
A serious bug has been spotted with iOS devices running iOS 8 or newer, with a 64-bit processor. If a user disables auto-check time, and manually sets the date of a device back to as far as it will go, then again to January 1, 1970, and finally rebooting, the iPhone is crashed, perhaps terminally. The bug affects the iPhone 5s and newer devices, running a processor from the A7 and up. Theories abound as to the cause of the crash, but the most credible seems to be a clock set to less than an arbitrary "zero" date, causing all manners of routines relying on the time setting to fail during startup. http://bit.ly/1TV6psS
Weber buys iDevices' iGrill, Kitchen Thermometer
Cooking gear manufacturer Weber is purchasing iOS accessory manufacturer iDevices iGrill and Kitchen Thermometer lines. As part of the purchase, Weber is working in parallel with iDevices to roll out a new version of the products, and associated apps, this spring. The terms of the deal were not disclosed. CEO of iDevices Chris Allen said that the transition will allow the company to "focus even more heavily on becoming a leader in the home automation market." http://bit.ly/1PFk3uZ
Vevo music video app launched for Apple TV
Vevo today announced its new native tvOS app for the fourth generation Apple TV. The new app allows users Siri Remote navigation for discovery of top videos by genre, or to search for individual artists and videos. Playlists generated on another device sync between all the iterations of the app. http://apple.co/1PFhxEU
HydraDock team unveils USB 3.1 Type C Roadie
KickShark, the team that brought the HydraDock desktop USB-C dock to market, has launched a Kickstarter project for The Roadie -- a USB 3.1 Type C standard-compliant pocket hub for the 12 inch Apple MacBook and other compatible devices. The Roadie occupies the same footprint on a desk as a credit card, with a short USB-C male cable on one end for connecting to a 12 inch MacBook, and a female USB-C port on the other end for plugging in a MacBook power adapter. One side has an RJ45 jack for gigabit Ethernet, and an HDCP-compliant HDMI jack that handles up to 4K displays. KickShark promises shipment of all products within four weeks of campaign completion. The "early bird" offer for the hub is a $69 commitment, with a $79 commitment for a Roadie after 500 backers have pledged. http://kck.st/1o6knw5
HBO Now has 800,000 subscribers
The CEO of HBO, Richard Plepler has confirmed that the online streaming HBO service, HBO Now, has 800,000 subscribers. When criticized for the seemingly low number, Plepler noted that the still nascent service was bound to Apple exclusivity during the fifth season of Game of Thrones. Plepler declared during the Time Warner quarterly earnings conference call marketing for the online-only offering would be enhanced in 2016. While HBO Now's critics are slamming the low numbers, the service must also compete against itself on cable, in addition to Netflix and other streaming services. http://on.recode.net/1QWoLHe
Unsafe IoT called threat to humanity
US Director of National Intelligence James Clapper told two different Senate committees yesterday that the Internet of Things posed a clear and present danger, and could be weaponized by governments. Before the Senate Armed Services Committee and the Senate Select Committee on Intelligence, Clapper declared that insecure IoT "will bring new security vulnerabilities" and "will connect tens of billions of new physical devices that could be exploited" by those wishing to perpetrate violence or eavesdrop on the populace of the world. http://bit.ly/23Xvcky
Apple public betas for iOS 9.3, OS X 10.11.4
Following Monday's release of betas for the iOS and OS X, Apple has unveiled public betas for both operating systems. The iOS 9.3 beta includes all of the previously reported enhancements for education customers, along with Wi-Fi calling for Verizon iPhone owners, and a carrier update for T-Mobile users. The OS X 10.11.4 third beta includes enhancements to Twitter URL opening, Live Photo viewing and sharing, and Evernote note importation into Notes.