Hasta La Gadget!

Google’s already vowed to pony up $7 million and destroy passwords, emails and other data collected from unsecured WiFi networks through its Street View cars, but the damage won’t stop there. The US Court of Appeals for the Ninth Circuit has denied the company’s attempt to dismiss wiretapping claims in a class action suit over the debacle. Page and Co. argued their actions could pass under a wiretap exemption since data transmitted over WiFi is an electronic communication that’s easily accessible to the public. However, the panel of judges didn’t buy the search giant’s argument. “Wi-Fi transmissions are not ‘readily accessible’ to the ‘general public’ because most of the general public lacks the expertise to intercept and decode payload data transmitted over a Wi-Fi network,” Judge Jay Bybee explained. Secondly, the court ruled that the data transmitted over WiFi can’t be classified as mostly audio, so it falls “outside of the definition of a ‘radio communication.'”

“We are disappointed in the Ninth Circuit’s decision and are considering our next steps,” a Google spokesperson told Bloomberg. Now that Mountain View isn’t getting off this hook, expect it to dish out more compensation soon.

Filed under: Google

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Via: AllThingsD

Source: US Court of Appeals for the Ninth Circuit (PDF)

Companies that prevail in patent lawsuits can’t relax until the inevitable appeal is over — just ask Motorola. Nintendo, however, can take a momentary break. A US Court of Appeals just upheld the company’s win over IA Labs, declaring that the Wii Balance Board doesn’t infringe on an IA Labs patent. While the ruling isn’t all that vital when the accessory is now a rarity at best, it puts IA Labs on the hook for Nintendo’s $236,000 attorney bill. It also sends a warning to other companies plotting similar legal assaults, although we’d still expect lawsuits when other patent holders are hitting paydirt.

Filed under: Gaming, Peripherals, Nintendo

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Source: Nintendo

In the last several years Google has become quick to respond to complaints of copyright infringement. Unfortunately, its record in dealing with unfounded claims (specifically on YouTube) is a bit mixed. In particular the process for appealing a Content ID takedown has left many users frustrated and with little recourse in the event of a rejected dispute. And its the content owners themselves who make that decision. Starting today, even if a dispute is rejected, users can file an appeal that leaves a content owner with one of two choices — recind the complaint or file a proper DMCA takedown notice. To minimize the amount of appeals and disputes Google is also launching an improved Content ID algorithm that identifies potentially invalid claims and places them in a queue to be reviewed manually before takedowns are issued. For more, check out the source.

Filed under: Internet, Google

YouTube scales back automatic Content ID takedowns, improves appeals process originally appeared on Engadget on Wed, 03 Oct 2012 19:43:00 EDT. Please see our terms for use of feeds.

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Samsung is having slightly better luck in Munich than it is here the US in its ongoing legal battle with Apple. The high court upheld a previous ruling that Cupertino’s patent relating to “list scrolling and document translation, scaling, and rotation on a touch-screen display” was invalid. The end result is that the Galaxy Tab 10.1N and Galaxy Nexus will stay on shelves in Germany, while Apple undoubtedly looks for a new avenue of attack against its primary competitor (one we presume will also be of the legal variety). The decision to deny an injunction against the 10.1N comes only two days after the same device passed a similar challenge in Dusseldorf, where the cosmetic design was the focus. Samsung was obviously pleased with the result, saying that it confirmed the company’s position that its Android products did not infringe on Apple’s IP. Cupertino, on the other hand, remained predictably silent. Of course, this war is far from over, and it’s only a matter of time before a new ruling hands one of the two manufacturers another small victory.

Filed under: Cellphones, Tablet PCs

Apple denied Galaxy Nexus and Tab ban in Germany originally appeared on Engadget on Thu, 26 Jul 2012 17:40:00 EDT. Please see our terms for use of feeds.

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Europe’s second-highest court has finally denied Microsoft’s 2008 appeal of its 899 million euro ($1.35 billion) EU antitrust fine, while reducing the award to 860 million euros ($1.07 billion). If you can’t remember that far back, Redmond was hit with the penalty for delaying information about its operating system to rival companies, impeding their progress in competing with the software giant. It’s not known if a further appeal is possible, but we suspect that the company won’t give up if it’s got any options — it’s not exactly pocket change we’re talking about.

Court upholds EU antitrust decision against Microsoft, reduces fine slightly to $1.07 billion originally appeared on Engadget on Wed, 27 Jun 2012 05:14:00 EDT. Please see our terms for use of feeds.

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