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Court decision protects bloggers
from libel lawsuits SAN FRANCISCO (AP) — In a case involving
a North Carolina man, a federal appeals court has extended
the First Amendment protections of do-it-yourself online
publishers.
The 9th U.S. Circuit Court of
Appeals, the nation's largest appeals court, said that
online publishers can post material generated by others
without liability for its content — unlike traditional
news media, which are held responsible for such information. |
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Lawsuits
filed against or by Companies are not always Valid
but quite often reveal hidden truths. |
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Judge applies class action status to lawsuit against Apple, AT&T
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By Brett Molina Jul 12, 2010
The Associated Press reports a federal judge will allow a lawsuit filed against Apple and iPhone wireless carrier AT&T to proceed as a class action. At issue is Apple's control over what applications can be installed to the iPhone as well as their exclusivity deal with AT&T. The lawsuit alleges actions taken by the two companies is hurting competition, says AP. The lawsuit also claims the following, from the AP: "Apple secretly made AT&T its exclusive iPhone partner in the U.S. for five years. Consumers agreed to two-year contracts with the Dallas-based wireless carrier when they purchased their phones, but were in effect locked into a five-year relationship with AT&T." The lawsuit seeks an injunction to stop Apple from selling iPhones locked into AT&T's network and more freedom for installing software to the smartphone.
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Did Apple Break the Law? DOJ Investigators to Probe Apple Much Deeper
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Apple may face its day of reckoning for its bullying on music, Flash, and more.
By Jason Mick - May 31, 2010
Apple has long played itself up as the cool outsider, making fun of rivals like Microsoft as stodgy, uptight business people. However, Apple's success has transformed it into exactly the type of company it mocks -- a giant with effective monopolies in several markets. And according to many observers, the company -- one of the tech industry's largest firms -- has become increasingly brazen in its violation of antitrust laws. Last week, government investigators began to probe whether Apple broke the law by bullying music companies into dropping a major deal with digital music provider Amazon.com. Exclusive deals are a common promotional tool and Amazon.com scored a win by convincing major music labels to put certain tracks on sale through Amazon's service one full day before their broad release. Apple caught wind of the deal and reportedly tried to kill it. Apple, whose iTunes service controls roughly 69 percent of the digital music market, reportedly told music labels that it would penalize them if they carried through with the plan (penalties included refusing to sell the applicable tracks in iTunes).
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US high court won't hear Microsoft, Alcatel case
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by Diane Bartz 5/24/2010
The U.S. Supreme Court declined to hear Microsoft Corp's appeal in a case that could have reshaped the standards used in court fights to determine if patents have been infringed. Lower courts had found that the date-picker tool in Microsoft's Outlook calendar infringed a patent held by French telecommunications equipment maker Alcatel-Lucent. The companies have an unresolved fight over damages. In its appeal, Microsoft argued that a patent could be held invalid if evidence is presented in a court case that was not available at the time the patent was granted. It also said that the standard for invalidating a patent should be a "preponderance" of evidence, rather than "clear and convincing" evidence. But the high court declined to take the case.
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Apple may be in the eye of regulatory storm
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By JOSH KOSMAN, May 3, 2010
After years of being the little guy who used Washington to fend off Goliaths like Microsoft, Apple CEO Steve Jobs is about to learn what life is like when the shoe's on the other foot. According to a person familiar with the matter, the Department of Justice and Federal Trade Commission are locked in negotiations over which of the watchdogs will begin an antitrust inquiry into Apple's new policy of requiring software developers who devise applications for devices such as the iPhone and iPad to use only Apple's programming tools. Regulators, this person said, are days away from making a decision about which agency will launch the inquiry. It will focus on whether the policy, which took effect last month, kills competition by forcing programmers to choose between developing apps that can run only on Apple gizmos or come up with apps that are platform neutral, and can be used on a variety of operating systems, such as those from rivals Google, Microsoft and Research In Motion. An inquiry doesn't necessarily mean action will be taken against Apple, which argues the rule is in place to ensure the quality of the apps it sells to customers. Typically, regulators initiate inquiries to determine whether a full-fledged investigation ought to be launched. If the inquiry escalates to an investigation, the agency handling the matter would issue Apple a subpoena seeking information about the policy.
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Gizmodo editor's home raided by police over Apple iPhone 4G leak
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By Aislinn Laing Apr. 27, 2010
Jason Chen, who edits the New York-based gadget internet site, was not at home when members of California's Rapid Enforcement Allied Computer Team broke down the door of his house on Friday evening. They subsequently seized four computers and two servers along with cameras and an iPhone using a warrant issued by a Superior Court judge (which Gizmodo published on its website), on suspicion the property was "used as the means of committing a felony". But Gawker Media, which owns Gizmodo, claims the search was illegal since it was conducted at night and broke the US "shield law" which protects journalists and their sources. The police warrant exercised on Friday specified that property to be seized include any information about the prototype phone, its sale to Gizmodo and any subsequent research conducted about Gray Powell, who lost the phone.
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HP Settles Printer Ink Dispute with Hong Kong Company
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By: Scott Ferguson 2010-04-01
Hewlett-Packard has settled another dispute concerning its printer ink cartridge technology and patents. On April 1, HP announced that it had reached an agreement with Hong Kong-based Print-Rite Holdings. The dispute centered on HP's patents related to its HP 02 inkjet cartridges. Print-Rite has now agreed to stop selling similar printer ink cartridges in the United States and other countries where HP holds specific patents, according to an HP statement. No financial terms of the agreement between HP and Print-Rite were announced. In March, HP settled similar patent disputes with three other tech companies. HP is also working to settle a number of other complaints involving other companies that sell similar types of inkjet cartridges.
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Microsoft Loses i4i Appeal
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By Paul McDougall April 2, 2010
A federal court on Thursday rejected Microsoft's request for a rehearing in a case where the company's Word product was found to have infringed on patents held by a small, Canadian software developer. The U.S. Court of Appeals for the Federal Circuit denied Microsoft's request to rehear the case, which was brought by i4i, of Toronto. In a statement, i4i chairman Owen Louden said "i4i is delighted by this ruling from Federal Circuit Court of Appeals." Louden said, "This has been a long and arduous process, but this decision is a powerful reinforcement of the message that smaller enterprises and inventors who own intellectual property can and will be protected." Microsoft earlier this year issued a patch for its Office 2007 product that brings the desktop suite into compliance with a court edict. The 2007 Microsoft Office OPK Master Kit Download, available on Microsoft's OEM Partner Center site, strips Word of custom XML editing capabilities, the subject of i4i's lawsuit. "The following patch is required for the United States," Microsoft said in a message on the site. An appeals court previously ordered Microsoft to stop selling unpatched versions of Microsoft Word 2007 because the software infringed on i4i's patent. A judge also hit Microsoft with a $290 million fine.
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DOJ Deems Amended Google Book Search Deal Anticompetitive
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By Clint Boulton 2010-02-05
The Department of Justice Feb. 4 urged a New York District Court not to bless Google's amended Google Book Search deal with authors and publishers, citing copyright and antitrust issues concerns that render the deal anticompetitive. The DOJ said the deal would let Google be the only competitor in the digital marketplace with the rights to distribute many works in multiple formats. The DOJ further agreed to work with Google, authors and publishers on a viable, fair solution. District Court Denny Chin, will hold a hearing on the amended settlement agreement Feb. 18. The Department of Justice said copyright and antitrust issues concerns continue to make Google's amended settlement agreement for its Google Book Search project anticompetitive, suggesting the court presiding over the case shouldn't bless the deal.
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Intel faces new antitrust accusations as FTC files suit
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By Jim Puzzanghera and Don Lee December 16, 2009
Reporting from Washington - The Federal Trade Commission today sued Intel Corp., accusing the computer-chip giant of abusing its market dominance for a decade to stifle competition and strengthen its monopoly. The FTC alleges that Intel has waged a systematic and illegal campaign to shut out rival makers of central-processing-unit chips, the main brains of a computer, by cutting off their access to the marketplace. In doing so, the agency contends, the world's largest chip maker has deprived consumers of choice by denying them access to potentially superior competing chips and lower prices. "Intel has engaged in a deliberate campaign to hamstring competitive threats to its monopoly," said Richard A. Feinstein, director of the FTC's Bureau of Competition. "It's been running roughshod over the principles of fair play and the laws protecting competition on the merits."
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Sixth LCD Manufacturer To Plead Guilty In Price-Fixing Case
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By Rick Whiting, Dec. 10, 2009
LCD manufacturer Chi Mei Optoelectronics Corp. (CMO) of Taiwan has agreed to plead guilty to charges of price fixing and will pay $220 million in fines. The company is the sixth LCD maker to plead guilty in the case. CMO, in a brief statement released Thursday, said it reached the plea agreement with the U.S. Department of Justice, which has been investigating allegations of anticompetitive pricing activities among many of the world's largest manufacturers of thin film transistor liquid crystal display (TFT-LCD) panels. CMO said it would pay the $220 million fine in installments over five years and has agreed to cooperate with the Justice Department's ongoing antitrust investigation. The company said the price-fixing applied to TFT-LCD panels manufactured between September 2001 and December 2006. The Justice department has charged the LCD manufacturers with conspiring to charge pre-determined prices for the products. Other LCD manufacturers that have already pleaded guilty in the case include Epson Imaging Devices Corp. and Hitachi Displays, while Chungwa Picture Tubes Ltd., LG Display and Sharp Corp. have reached plea agreements with the Justice Department similar to the CMO deal.
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An
Open Letter from Hector Ruiz, AMD Chairman, President
and Chief Executive Officer |
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The microprocessor is the
brain of every computer, a transformational technology
in today's world. And as in all markets, innovation in
the microprocessor sector depends on competition – the
ability of consumers and businesses worldwide to choose
solutions based on one microprocessor over another.
Our competitor has harmed and limited competition
in the microprocessor industry. On behalf of ourselves,
our customers and partners, and consumers worldwide, we
have been forced to take action.
We have filed a 48-page, detailed Complaint in
federal district court. Because, as our Complaint explains
exhaustively, Intel's actions include:
- Forcing major customers
to accept exclusive deals,
- Withholding rebates
and marketing subsidies as a means of
punishing customers who buy more than
prescribed quantities of processors from
AMD,
- Threatening retaliation
against customers doing business with
AMD,
- Establishing quotas
keeping retailers from selling the computers
they want, and
- Forcing PC makers to
boycott AMD product launches.
For most competitive situations,
this is just business. But from a monopolist,
this is illegal.
Read
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