Time Warner hit with class action suit over $4 fee

If there’s one (of many things) customers don’t like seeing on their monthly statement, it’s a frivolous charge. It’s not surprising that when Time Warner started sending out notifications alerting customers to a monthly $3.95 modem rental fee, the results were less than enthusiastic. Now the company is being hit with a class action lawsuit in New York and New Jersey.

The basis for the lawsuit is the claim that Time Warner failed to follow its own policy, which states that customers will be given a 30-day notice before prices are increased. The fee went into effect back on October 15, however, netting the company approximately $40 million per month. The company plans to use the additional revenue for infrastructure and service improvements.

Customers were given the option to buy their own modemn as a way to avoid the monthly rental fee. There’s a catch, however; only devices that Time Warner approves can be used, with every option costing more than it would to rent a modem. The lawsuit alleges that customers who don’t want to buy a more expensive option are being forced to pay a monthly fee on old, outdated equipment.

Said Steven Wittels, one of the lawyers involved, “It’s just a scam to increase revenue.” Meanwhile, lawyer Richard Roth says, “You can’t do this to the little guy.” According to Roth, the addition of the fee was not only a breaking of contract, but also consumer fraud. The lawsuit requests that the fee be blocked in both states.

[via ars technica]


Time Warner hit with class action suit over $4 fee is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Kixeye files cross-complaint against Zynga

Kixeye has filed a cross-complaint against Zynga in what has become a back and forth battle between the two companies. The lawsuit was filed in the Superior Court of California, and comes after a lawsuit by Zynga against Kixeye. It all started when one of Zynga’s employees who worked on CityVille left for the now-suing company.

Zynga filed a complaint against its former employee Alan Patmore, who originally worked on CityVille and left the company for Kixeye, becoming Vice President of Product. According to Zynga, Patmore took with him 763 files, which included confidential designs. The company also alleges that Kixeye was aware of the file theft and ultimately accessed the data.

Patmore has confessed to taking the documents specified by Zynga, while Kixeye admits to having accessed two of those files. The company states that neither of the two files contained Zynga trade secrets, however. For this reason, the cross-complaint seeks to have Zynga’s interference in its business relations and recruiting practices put to a stop.

Kixeye’s CEO Will Harbin offered this statement. “We will fight to our last breath to keep this predatory company from accessing our confidential information and best practices. We intend to defend ourselves from Zynga’s legal bullying for as long as it takes to reveal the truth – that Kixeye played no part in this.”

[via CNET]


Kixeye files cross-complaint against Zynga is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Microsoft sued over the Surface’s storage capacity

Microsoft‘s tablet/PC hybrid, the Surface RT, is advertised at 32GB and 64GB, depending on which model you purchase. As with all cell phones, laptops, tablets, and other devices with internal storage, the actual user-available capacity is lower due to the operating system and such. Andrew Sokolowski, a California lawyer, isn’t happy about this, and has sued Microsoft over his 32GB Surface’s storage space.

The issue started when Sokolowski quickly ran out of storage capacity in his 32GB Surface after adding media files. After poking around, he realized that while the device has a 32GB drive, only 16GB of that capacity is available for users’ data. Thusly Microsoft is being sued for false advertisement, with the suit seeking class action status.

Microsoft issued a statement. “Customers understand the operating system and pre-installed applications reside on the device’s internal storage thereby reducing the total free space.” If a user wants to increase the amount of storage capacity, they can use a microSD card or an external hard drive, never mind that the external drive will put a serious damper on the Surface’s portability.

Microsoft states on its website how much user-available storage space there is, specifically listing the 32GB device as having 16GB of free space, and the 64GB model as having 45GB of free space. The clarification was posted on November 5, and Sokolowski purchased his device on the 7th. According to his lawyer, however, the information is buried and purposely hard to find.

[via Seattle Times]


Microsoft sued over the Surface’s storage capacity is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Samsung Not Interested In HTC-Style Settlement With Apple, Exec Says

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Samsung has “no intention” to follow the example of HTC and work out a settlement with legal and consumer tech rival Apple, according to Samsung Electronics Head of Mobile J.K. Shin. He said so to reporters today, the AFP reports, when asked if Samsung might pursue a settlement similar to the 10-year cross-licensing agreement announced by Apple and HTC this past weekend.

Of course, Samsung has little to gain by proclaiming an interest in giving ground in its ongoing patent dispute with Apple, which spans 10 countries, multiple lawsuits and involves both hardware design and software patents. Certainly, Samsung could still be working behind the scenes to come up with such an arrangement, but it’s likely, given the circumstances, that Shin’s statements can be taken at face value in this case.

Consider that Apple and Samsung have made apparently little progress in trying to come together to settle this issue outside of court in the past. Apple reportedly offered Samsung a licensing deal for iPhone and iPad-related patents at around $30 to $40 per phone and tablet, back in 2010, a deal Samsung rejected. And top executives at the two companies have met repeatedly to try to find an arrangement that satisfies both parties, including twice this past year that we know of. Court orders have also been issued to try to force a resolution by getting the companies negotiating, and still, the two are at each other’s legal throats.

Shin also told reporters today that he expects Samsung’s Q4 results to be in line with Q3 with respect to smartphone sales, which basically means the company isn’t sweating its success. Last quarter, the Galaxy S3 became the world’s best-selling smartphone, dethroning Apple’s iPhone 4S as the single best-selling device. The strength of its consumer sales is why I argued Samsung has no strong motivation to arrange a deal like the one agreed to by HTC, and likewise, Apple doesn’t really have a good reason to settle unless it finds terms very agreeable to its position and goals with these lawsuits.


Papa John’s Faces $250 Million Lawsuit Over SMS Spam

Papa John’s has clearly been a little over-eager with its digital promotion. Now, it’s facing a $250 million class-action lawsuit over all the spammy text messages it’s been sending you and everybody else around the US. More »

Blizzard hit with lawsuit over Battle.net security

To many, securing your Battle.net account with one of the authenticators Blizzard offers is just the way the game is played. Folks have been using authenticators to secure their Battle.net accounts for years now, but one player has decided he’s had enough. His name is Benjamin Bell, and he’s the leading plaintiff in a new class action lawsuit brought against Blizzard.


According to IGN, Bell claims that Blizzard is “deceptively and unfairly” charging players extra for authenticators to secure their accounts, and he’d also like to see Blizzard stop requiring that players sign into Battle.net to play the studio’s games. Blizzard has required a Battle.net sign up for quite some time now, though Battle.net was around for years before it was turned into a required part of Blizzard’s games.

The suit also claims that Blizzard hasn’t done its part in making sure that Battle.net is secure. We can see the problems players have with physical authenticators – after all, Blizzard charges $6.50 for each one – but there’s also a smartphone authenticator app that’s free to use. In any case, Blizzard is going to fight this lawsuit, telling IGN, “This suit is without merit and filled with patently false information, and we will vigorously defend ourselves through the appropriate legal channels.”

We’re not really sure how this lawsuit is going to go, but we’re almost positive that if Bell comes out on top, the amount of money Blizzard players get will be negligible. Then again, it’s clear that this suit is more about getting Blizzard to change the way it operates Battle.net than it is about money. Keep it tuned here to SlashGear, as we’ll have more details for you once they surface.


Blizzard hit with lawsuit over Battle.net security is written by Eric Abent & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple Seems Slightly More Apologetic as It Removes Page Resizing Code

Apple continues to make an absolutely huge mess of apologising to Samsung, with the Javascript that initially hid the legal correction from view now removed from the UK site so its half-arsed apology is a little more visible. More »

Judge rejects request to block Dish AutoHop and PrimeTime Anytime

Ah, commercials. They’re convenient for those times you want to grab more snacks without missing any of your show, and maddening when you just want to watch TV without seemingly endless commercials. Dish Network offers two features via its Hopper Whole-Home DVR that allows users to record shows and skip commercials. Fox tried to block these features, but a judge has ruled in Dish’s favor.

PrimeTime Anytime allows subscribers to record prime time shows (hence its name), while AutoHop gives an option for skipping commercials on certain recordings. Fox requested a preliminary injection to block these two features, concerned about the effect it will have on advertising revenue. According to a statement published by Dish Network, District Judge Dolly Gee ultimately rejected Fox’s request.

Says the announcement, the block was rejected for several reasons, a few of which were related to copyright. The ruling stated that the use of PrimeTime Anytime does not infringe on Fox’s reproduction rights and that users cannot be held liable for infringement, and neither of the two features fall under unauthorized distribution. About AutoHop specifically, Judge Gee ruled that the feature doesn’t violate Dish and Fox’s 2010 RTC agreement’s Video-on-Demand provision, but that it does “likely violate” the RTC agreement in general. Fox, however, hasn’t provided any proof that it has been harmed by the feature.

Dish’s Executive Vice President and General Counsel R Stanton offered this statement. “Today’s ruling is a victory for common sense and customer choice … The ruling underscores the U.S. Supreme Court’s ‘Betamax’ decision, with the court confirming a consumer’s right to enjoy television as they want, when they want, including the reasonable right to skip commercials, if they so choose.”

[via Dish]


Judge rejects request to block Dish AutoHop and PrimeTime Anytime is written by Brittany Hillen & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Apple Looks To Add Jelly Bean, Galaxy Note 10.1 To Existing Samsung Lawsuit

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Apple is hoping to add Samsung’s latest tablet, the Galaxy Note 10.1, and Android 4.1 Jelly Bean to a list of product it claims infringe its patents in an existing court case in California, Bloomberg reports. The arguments supporting these additions were made in federal court in San Jose today, and follow Samsung’s expressed intent to add the iPhone 5 its own infringement claims in the same proceedings.

The Galaxy Note 10.1 is Samsung’s latest self-branded tablet, though the manufacturer has been tapped to provide hardware for Google’s Nexus 10 slate as well. The Jelly Been update is the version of Google’s Android OS that powers the Note, thus its inclusion in this suit, which is slated currently for a 2014 trial date.

Obviously we’re not looking at a draw down situation here, as both sides in the case seem eager to make sure device lists are updated to include the latest from each side. Apple won a preliminary order in this case blocking the sale of the Samsung Galaxy Nexus in the U.S., and added the Galaxy S III to the list of products it says are infringing its IP in August. In October, Judge Lucy Koh rescinded a previous injunction against the Galaxy Tab 10.1, an earlier 10-inch tablet from Samsung, in a separate proceeding in the same court.

For any action resulting from these proceedings to have teeth, they really need to apply to current products, and given that the trial date isn’t for over a year yet, expect to see more devices named by both parties in the interim as additional hardware is released.


Apple avoids antitrust investigation by allowing Amazon to lower ebook prices

Apple has negotiated a deal with European Union regulators that will result in the company avoiding a potential investigation on antitrust violations. However, in return, Apple is letting Amazon set their own prices for ebooks, which will most likely be lower than what Apple offers in their iBooks store.

Reuters is reporting that the European Union is about to accept the offer from Apple and four major book publishers: HarperCollins, Hachette Livre, Verlagsgruppe Georg von Holtzbrinck, and Simon & Schuster. The proposal by these five companies was made back in September, and the EU is said to make a decision soon.

However, it probably won’t be until next month until we hear from the EU about their decision, but one source says that they will “likely accept the offer” from Apple and the publishers. The EU antitrust authority was investigating Apple’s ebook pricing, which some said prevented Amazon and other retailers from undercutting Apple’s prices.

However, this agreement is good news for Amazon, as well as consumers. Apple originally made a backroom deal with book publishers that would force Amazon to raise prices so that they wouldn’t hold a price advantage over Apple’s iBooks. However, this new deal with the EU will see Amazon ebook prices most likely going back down soon.

[via Reuters]


Apple avoids antitrust investigation by allowing Amazon to lower ebook prices is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.