PayPal updates policy to prevent users from suing

PayPal has been hit with a lot of grief recently, namely due to holding your funds under review for no reason and making changes to your account with your permission. Obviously, these things are what lead to users suing the company, so PayPal ended up updating their policy a few days ago, which now requires users to to mail in an “opt out” form if they want to retain the ability to sue PayPal in class action.

This is arguably one of the most deliberate moves we’ve seen a company make in order to protect itself from its users, and it shows that they know they’re making decisions that could get them sued by their fellow users. Obviously, they know that most users are too lazy to actually mail something nowadays. Then again, Sony is also guilty of this.

You have until November 1 to opt out, and the letter “must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.”

So, if you use PayPal on a regular basis (like I do), we would strongly recommend that you read over the updated PayPal policy. And if you’re not willing to ditch PayPal, then it’s probably in your best interest to mail in an opt-out letter. For your convenience, a letter template is already available for you, thanks to Engadget’s Darren Murph.

[via Darren Murph]


PayPal updates policy to prevent users from suing is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


German court sides with Motorola, says it didn’t violate Microsoft patent (updated)

German court sides with Motorola, says it didn't violate Microsoft patent

Perhaps it’s not as loud or high profile as Apple vs. Samsung, but there is another patent war raging that is no less vicious between Motorola and Microsoft. The two have been at each others’ throats for a few years now and, while Google has offered an olive branch or two to Apple, we’ve yet to see a similar gesture made in Redmond’s direction. The latest chapter in this saga sees the regional court in Mannheim handing Moto a victory in a complaint filed by Microsoft over a patent relating to a set of mobile phone APIs. Its a rare bright spot for the new Google subsidiary, which has struggled to score legal points both in Germany in the US. Microsoft has scored several injunctions against Motorola products, while the lone ban awarded to the phone manufacturer remains unenforceable pending a breach of contract lawsuit. For a bit more detail dig into the more coverage link.

Update: Microsoft’s VP and Deputy General Counsel, David Howard, just issued this statement in response to the ruling.

This decision does not impact multiple injunctions Microsoft has already been awarded and has enforced against Motorola products in Germany. It remains that Motorola is broadly infringing Microsoft’s intellectual property, and we hope it will join the vast majority of Android device makers by licensing Microsoft’s patents.

Filed under: , ,

German court sides with Motorola, says it didn’t violate Microsoft patent (updated) originally appeared on Engadget on Fri, 05 Oct 2012 10:37:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceReuters  | Email this | Comments

Google vs American Publishers suit settles with digital goodness

After a court battle that’s lasted just a couple weeks short of 7 years, Google and the Association of American Publishers are now announcing a settlement that will put their book-battle to rest. The situation was, back in 2005 that is, that Google was scanning books galore into their Google Library Project for sharing with the world – and five members of the AAP were not happy with that. The settlement that’s been reached has cash amounts unannounced – and they’ll likely remain unannounced as it’s been done out of court – and the publishers now have the rights to take or leave their works in Google’s care.

This settlement has the US publishers able to make available or choose to remove their works – books and journals of all kinds – digitized by Google for their Library Project. For works that the publishers decide to leave in the Library, Google will give the option of receiving a digital copy of for their use. This essentially means that if they want to use the digitized versions of their books in the future as made possible by Google, they’ll have to let Google work with a copy as well – but if they don’t, Google will toss the data entirely.

“We are pleased that this settlement addresses the issues that led to the litigation. It shows that digital services can provide innovative means to discover content while still respecting the rights of copyright-holders.” – Tom Allen, President and CEO, AAP

The agreement also works with Google Books, a program that already has users able to read up to 20% of a book before purchase. The agreement notes that books scanned by Google in the Library Project may be included by publishers in this program if they wish – of course the book would need to be submitted separately to the store, but that’s beside the point. Further details surrounding the settlement will likely remain confidential.

This case originally had a $125 million dollar settlement that would have allowed Google a registry of online books. This registry would have allowed US consumers and institutions of all kinds the ability to purchase access to the material. Judge Denny Chin overturned the decision in 2011 after an extended review starting in 2009, deciding that the court never had the power to set up a business arrangement such as the one that was made. It also noted that such an agreement would not allow anyone to possibly compete with Google, nor did it give Google any incentive to, as PC mag‘s recounting notes, “track down the authors of orphaned works.” Such is life!

[via AAP]


Google vs American Publishers suit settles with digital goodness is written by Chris Burns & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Oracle begins appeal process in its Java patent case against Google, Android

You should know by now that it’s never truly over when tech giants resort to legal warfare over their technology, and just as it said it would, Oracle has filed an appeal of the US District Court ruling in its case against Google. In case you’d forgotten, back in May Judge William Alsup found that the structure of its Java APIs were not copyrightable so Oracle had to settle for $0 in damages over its claims that Android infringed on its patents and copyrights. FOSS Patent’s Florian Mueller has a full breakdown of what he sees in the case, meanwhile we’ll be preparing our fallout shelters for potential Android Armageddon… again.

Filed under: , ,

Oracle begins appeal process in its Java patent case against Google, Android originally appeared on Engadget on Wed, 03 Oct 2012 23:03:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents  | Email this | Comments

Samsung Claims Jury Misconduct Skewed Its Apple Legal Battle [Apple Vs Samsung]

Samsung is claiming that Apple’s billion-dollar August court victory is tainted by the fact that the jury foreman failed to disclose his 1993 bankruptcy and suing by former employer Seagate. More »

Motorola drops ITC lawsuit against Apple

Well over a month ago, Motorola filed a bunch of patent infringement claims against Apple with the International Trade Commission (ITC), and wanted an import ban on virtually all Apple products including Macs, iPhones and iPads. However, Motorola has withdrawn the lawsuit entirely without an explanation. The company says that no agreement has been reached with Apple, so we’re left scratching our heads.

At this point, we can only speculate as to why Motorola dropped the lawsuit without any settlement from either side. Usually, a withdrawal like this would indicate that the Motorola and Apple have reached some kind of settlement, but that doesn’t seem to be the case here, so now we’re only left wondering what’s going on in Motorola’s head.

It’s possible that Motorola felt that they no longer thought the lawsuit was strong enough to beat Apple, and FOSS Patent’s Florian Mueller also speculates that Motorola’s issues with tracking down copies of all the needed certified documents had something to do with it. Either reasons are certainly realistic.

Apple and Motorola are currently engaged in various lawsuits against each other, including another lawsuit that Motorola filed against Apple with the ITC in 2010. That one is still active, and while an administrative law judge ruled it invalid, the ITC disagreed, so the case was sent back to the judge, and he wrote in a filing yesterday that he is targeting an April 2013 finish date for the lawsuit.

[via The Verge]


Motorola drops ITC lawsuit against Apple is written by Craig Lloyd & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.


Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand

Judge Koh lifts Galaxy Tab 101 sales injunction following Court of Appeals remand

A legal standoff ended today, as Judge Lucy Koh has dissolved the sales injunction against the Galaxy Tab 10.1 after Samsung’s appeal had been remanded to her by the Court of Appeals for the Federal Circuit. Judge Koh’s decision is based on the jury’s findings in Apple v. Samsung that the Galaxy Tab 10.1 didn’t infringe on Apple’s D’889 patent. If you’ll recall, the judge had previously denied Samsung’s motion to dissolve the injunction, having cited a lack of jurisdiction while the case was in front of the appeals court. Unsurprisingly, she decided to approve the motion once the case was kicked back to her courtroom. Whether we see the Galaxy Tab 10.1 hit the ban list again following the December 6th hearing remains to be seen, but in the meantime, perhaps you can kick back and enjoy the eye of the storm.

Update: In related courtroom drama, Samsung has filed the initial courtroom documents that assert the iPhone 5 infringes on its patents. At least the company is good for its word. [Reuters]

Filed under: , ,

Judge Koh lifts Galaxy Tab 10.1 sales injunction following Court of Appeals remand originally appeared on Engadget on Mon, 01 Oct 2012 22:23:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceThe Verge, Reuters  | Email this | Comments

US Appeals court rules Motorola can’t enforce injunction against Microsoft in Germany… again

US court rules Motorola can't enforce German injunction against Microsoft, keeps the Xbox 360s flowing

In another face of the ever turning world of patent battles, Reuters reports Microsoft has snagged a victory over Motorola as the 9th US Circuit Court of Appeals ruled in its favor today. Motorola had obtained an injunction in Germany against Microsoft products — including the Xbox 360 and Windows 7 — based on its h.264 patents back in May, but today the court upheld a previous decision putting enforcement on hold because of Microsoft’s existing lawsuit against Moto for breach of contract. Microsoft’s push to leverage its patents into licensing payouts from manufacturers of Android devices have seen the two at each other’s throats since at least 2010, when the folks from Redmond lodged an ITC complaint over nine patents and followed up with another suit accusing Motorola of charging unfair license fees for its patents. Motorola fired back with its own pair of lawsuits — all of this a year before we heard it would be acquired by Google — and the battle was on. Whether or not this moves us any closer to any resolution remains to be seen, but at least Bavarian gaming consoles are safe, for now.

Filed under: , , ,

US Appeals court rules Motorola can’t enforce injunction against Microsoft in Germany… again originally appeared on Engadget on Fri, 28 Sep 2012 19:22:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceDan Levine (Twitter), Reuters  | Email this | Comments

Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction

One of the hallmarks of the US judicial system is its seemingly inexhaustible system of appeals — a system for which Samsung is likely most grateful at the moment. Its earlier entreaty to Judge Lucy Koh to have the Galaxy Tab 10.1 preliminary injunction lifted may have been denied, but the Court of Appeals for the Federal Circuit is giving the Korean company another bite at the Apple. That court has granted Samsung’s request to have the injunction issue remanded so that the trial court can re-consider Samsung’s motion to dissolve it. The ruling enables Samsung to argue that the injunction should be lifted because the jury failed to find infringement of the tablet design patent upon which the injunction is based. Will Judge Koh lift the ban? Perhaps, but we’re pretty sure that the crowd from Cupertino will be doing plenty to prevent that from happening. Stay tuned.

Filed under: , ,

Court of Appeals for the Federal Circuit tells Judge Koh to revisit Galaxy Tab 10.1 injunction originally appeared on Engadget on Fri, 28 Sep 2012 15:16:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents  | Email this | Comments

LG files OLED tech patent suit against Samsung in South Korea

Another day brings another patent suit in the technology world. LG Display has announced that it has filed a patent-infringement lawsuit against Samsung Electronics in South Korea over OLED display technology. The suit covers displays used in smartphones and tablet computers.

LG alleges in the suit that Samsung is infringing on seven patents having to do with the design of OLED panels, driver circuitry, and device design. LG is seeking damages and a permanent injunction against the sale of infringing devices in South Korea. The devices that LG claims infringe on its patents include the Samsung Galaxy S III, Galaxy Tab 7.7, and the Galaxy Note.

LG claims that it filed the suit to enforce its intellectual property rights and to promote fair competition. Samsung says that it will review the suit and consider any legal action if needed. Samsung had previously accused 11 people, including six LG Display employees, of stealing OLED technology.

Two of those 11 people used to work for Samsung. Naturally, LG Display has denied involvement in any theft of Samsung technology. Samsung said that LG’s lawsuit “seems to be an inevitable choice to reverse its negative image due to OLED technology theft from Samsung.”

[via WSJ]


LG files OLED tech patent suit against Samsung in South Korea is written by Shane McGlaun & originally posted on SlashGear.
© 2005 – 2012, SlashGear. All right reserved.