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Filed under: Cellphones

Not that we haven’t seen victories over SMS spammers before, but this one is sure catching a lot of attention due to the names attached. GSI Commerce and Timberland have reportedly agreed to “establish a fund of up to $7 million to settle a class-action lawsuit brought against them for allegedly sending unsolicited text messages to wireless telephone users in violation of the Telephone Consumer Protection Act.” The settlement has already received preliminary approval from a judge in the US District Court for the Northern District of Illinois Eastern Division, and while the aforementioned firms vehemently deny any wrongdoing, they concede that taking this to court would be “burdensome, protracted and expensive.” More expensive than $7 million? Is that guilt we smell, or what?

[Via mocoNews]

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Source: Darren Murph

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Filed under: Cellphones

Man, Sprint just can’t catch a break lately — the beleaguered wireless carrier was just told that it would have to pay some $73M in refunds to customers for improperly charging early-termination fees. The ruling, from a California state court, will basically set off a flood of similar cases if it stands — but Sprint still has two weeks to respond to the ruling before Judge Bonnie Sabraw, and you can bet Yellow Swoosh will appeal if it loses in the end. Interestingly, Verizon was facing a similar lawsuit earlier this year and chose to quickly settle — a lesson Sprint, with far less revenue and shrinking profits, might do well to learn from.

[Thanks, Roger A]

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Source: Nilay Patel

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Filed under: Cellphones

digg_url = ‘http://digg.com/gadgets/AT_T_Retailer_Accused_of_Pawning_Used_Nokias_as_New’; Notice that your freshly-purchased N75 smells more like a week-old head of cabbage than a bundle of brand new plastic, glue, and circuitry? That’s gross, and no, we don’t want to touch it (seriously, get that thing away from us). Turns out you may not be alone, though — a new class-action suit filed in federal court alleges that CommClub, an independent retailer in California, was selling used Nokias for AT&T’s network as brand new devices. For whatever reason, AT&T and Nokia are also named as defendants in the suit, though we’re not sure exactly what role they played in CommClub’s potentially nefarious dealings; at any rate, the class is looking to bring home some bacon for “injuries” suffered as a result of the bait-and-switch. You’re going to go smell your N75 now, aren’t you?

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Source: Chris Ziegler

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Filed under: Misc. Gadgets

digg_url = ‘http://digg.com/apple/Apple_s_lawsuit_against_Psystar_examined’;
So we just got our hands on the complaint Apple filed against Psystar for building off-label Mac clones, and as expected, Steve and friends aren’t pulling any punches — in addition to the eight total claims, request for a permanent injunction, and money damages, Apple wants a recall of every Psystar machine ever sold. That’s harsh, but it’s not like Apple to take this lightly. Like we’ve been saying all along, the suit is more about copyright infringement than EULA violations, since Psystar was distributing a modified version of Apple’s copyrighted code outside the terms of the EULA. Grab the complaint here [PDF], and then head after the break for a quick breakdown of what Apple says Psystar is liable for.

PS. - Somewhat charmingly, we’re quoted in the factual allegations section as calling the Psystar machine we reviewed “crazy loud” — aww, you shouldn’t have, guys. Maybe you want to throw in a citation next time, though? Just a thought.Continue reading Apple’s lawsuit against Psystar examined

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Source: Nilay Patel

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Filed under: Desktops

C’mon now — you saw this one coming down the road, didn’t you? Apple has officially taken legal action against Mac clone-maker Psystar, according to court documents. On July 3rd, the Cupertino giant filed suit in the federal district court of northern California alleging violations against its shrink wrap license, trademarks, and copyright infringement. Clearly this doesn’t look real promising for the Florida-based cloner, but we’re confident they’ll handle this situation with the tact and aplomb we’ve come to expect from them. Which is none.

Read - Confirmed: Apple files suit against Psystar
Read - Apple goes after clone maker Psystar

[Thanks, ginger.al]

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Source: Joshua Topolsky

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Filed under: Misc. Gadgets

Hey, remember that Microsoft / Alcatel-Lucent patent fight from 2006? Yeah, we didn’t think so — but the two companies have been duking it out in court over about ten different patents for a couple years now, and a jury ruled today that Microsoft infringed two user interface-related patents and owes damages to the tune of $376M. The two patents both cover touchscreens, with one describing a system of form data entry, and the other describing stylus data interpretation. Sexy, we know. The jury also found that the Microsoft had not infringed two other Alcatel-Lucent video-decoding patents, but the rulings doesn’t mean this is all finally over — Microsoft is planning on immediately appealing the decision, and there are still several other video-related patents being litigated. Yeah, we’re on edges of our seats here — tune in next time for another excitingly dull installment of Marshall Justice.

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Source: Nilay Patel

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Filed under: Cellphones

You know, we’ll actually be a little sad when the endless legal battle between Nokia and Qualcomm actually comes to an end — but until then, we’re going to revel in all the dirt that comes out of having over a dozen simultaneous lawsuits going worldwide. Nokia now says that it owes Qualcomm nothing for its “early” CDMA patents, because it’s dropped a cool billion dollars into license payments for them over the past 15 years and those deals have expired, so it’s in the clear now. As you might expect, Qualcomm disagrees, and says that if Nokia wants to keep using its tech, it’s got to pay up — that’s on top of the estimated $500 million a year Nokia’s already paying Qualcomm for other patents. Guys, guys, why fight like this? What’s a couple billion a year between friends? Video summary of the entire dispute after the break.

[Via MocoNews]Continue reading Nokia says it’s spent over $1B on Qualcomm patent payments, can it please go now

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Source: Nilay Patel

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Filed under: Cellphones

Garmin probably thought getting into the mobile phone game would just be smooth sailing, but it looks like they’ve made a deadly miscalculation. Okay, that might be over-dramatizing the situation, but the PND-maker is facing a new lawsuit over its upcoming 3G wonder-device, the Nuvifone. Apparently, internet telephone provider Nuvio Corp. feels that Garmin has crossed trademark boundaries just a smidge, alleging the nav company is stepping all over its good name. “Our customers commonly refer to our service as the Nuvio phone,” said Jason P. Talley, the company’s CEO. Not only is the provider calling for a cease-and-desist on the use of “Nuvifone,” but it also wants kickbacks for past infringement, and termination of the word “Nuvi” on any device made by Garmin. Garmin spokesman Ted Gartner says the company has been using the Nuvi name since early 2006 in North America, and earlier in Europe. He went on to add that they don’t discuss pending litigation — though we understand to friends and family he was like, “Pfft, whatever.”

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Source: Joshua Topolsky

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