Fusion Garage files to dismiss CrunchPad lawsuit

It looks like Fusion Garage is out to remind people that there’s more than one $499 tablet in the world today: CEO Chandra Rathakrishnan is talking up the Joojoo tablet’s pre-orders, and the company’s lawyers have filed a delightfully snippy motion to dismiss TechCrunch founder Michael Arrington’s lawsuit over the device formerly known as CrunchPad, saying his claims are “legally barred, facially flawed, and fatally imprecise.” As we predicted from the outset, the argument boils down to the fact that there was never any contract between Fusion Garage and Michael Arrington or TechCrunch — and Fusion Garage also points out it can’t have stolen an idea that Arrington posted “all over the Internet.” Snap. It’s a little more complicated than that, though — we’ve broken it down after the break, grab the PDF and follow along.

Continue reading Fusion Garage files to dismiss CrunchPad lawsuit

Fusion Garage files to dismiss CrunchPad lawsuit originally appeared on Engadget on Mon, 01 Feb 2010 14:51:00 EST. Please see our terms for use of feeds.

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AT&T settles ETF case for $18m

Hey, if you’re a New Jersey AT&T subscriber and you paid a flat-rate ETF between January 1, 1998 and November 4, 2009, you’ve got a tiny bit of $18 million coming your way. That’s the settlement amount AT&T’s agreed to in this latest ETF class action — as usual in these cases, it’s far cheaper for AT&T to just throw out some cash than it is to fully litigate this thing, especially with the FCC breathing down its neck. Expect individual settlements to be relatively minor, while all the lawyers receive platinum underpants trimmed with only the finest jewels.

Update: It’s for all AT&T subs, not just the kids from the Shore.

Update 2: AT&T just sent us a statement about the settlement — the carrier wants to highlight that it’s the old ETFs that are involved here, and not the new pro-rated ones that we hate just as much. Check it:

We strongly deny any wrongdoing, and no court has found AT&T Mobility committed any wrongdoing regarding these fees. However, we have agreed to settle to avoid the burden and cost of further litigation.

It’s important to note that the litigation involves old early termination fee policies of the old AT&T Wireless and Cingular. In 2008 we introduced a new, more flexible early termination fee policy, in which we pro-rate the ETF if you are a new or renewing wireless customer who enters a one- or two-year service agreement.

Cool — now let’s talk about how customers who pay full price for handsets should pay a lower monthly fee that doesn’t include an equipment subsidy. That’s a policy we could totally get behind.

[Thanks, David]

Continue reading AT&T settles ETF case for $18m

AT&T settles ETF case for $18m originally appeared on Engadget on Tue, 26 Jan 2010 16:13:00 EST. Please see our terms for use of feeds.

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Motorola asks ITC to ban BlackBerry imports

It’s been a hell of a year for Motorola, but one thing’s stayed the same: the company still thinks RIM is ripping off some of its patents. At least that’s the sense we’re getting from a new complaint Moto’s just filed with the International Trade Commission alleging the BlackBerry crew is infringing five patents on “early-stage innovations” that range across WiFi, app management, UI, and power management. As per usual with ITC complaints, Motorola’s asking for a ban on RIM imports — we’d imagine a cross-complaint from RIM barring Motorola imports is coming soon. Also spotted: lawyers gleefully dancing in the streets dressed only in loinclothes made from money.

Motorola asks ITC to ban BlackBerry imports originally appeared on Engadget on Fri, 22 Jan 2010 16:54:00 EST. Please see our terms for use of feeds.

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Microsoft has AT&T’s back, sues TiVo for patent infringement

Microsoft has AT&T's back, sues TiVo for patent infringementThe DVR patent fight just got a little crazier, with Microsoft greasing itself up and jumping into the arena — seemingly to preserve the honor of AT&T. You’ll remember (maybe) that TiVo and AT&T have been having something of a fight over a few different patents primarily related to time shifting. Now Microsoft is suing TiVo, saying that it has stepped on two patents used in AT&T’s U-Verse, which you’ll recall relies on Microsoft’s Mediaroom. Want to hear some of the legal verbiage in question? “A system that displays programmable information and a secure method for buying and delivering video programs.” It’s vague and all-encompassing, and that’s just how we like our patent kerfuffles.

Microsoft has AT&T’s back, sues TiVo for patent infringement originally appeared on Engadget on Wed, 20 Jan 2010 08:19:00 EST. Please see our terms for use of feeds.

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Psystar files official notice of appeal, ruthlessly attacks windmill

We’re still not clear on whether Psystar is still in business, or if it’s selling anything other than T-shirts, but the would-be Mac cloner isn’t totally out of the game yet: it’s filed an official notice of appeal in the California court, which means it’s going to try and fight that decisive victory and injunction won by Apple a month ago. Just based on the simple open-and-shut legal reasoning involved in the decision — surprise, you can’t copy, modify, and resell a copyrighted work without permission — we’d say this appeal is a long shot, but we didn’t go to Harvard Law School like Psystar attorney Eugene Action. Man, we missed that guy. Let’s quote from his website again, shall we?

The matrix is born and the energy sucking machine herds Americans into pods of predetermined limitations. Forced programming on your computer is just one of the provisional patents looming against freedom and democracy. Capitalism spurring innovation and creativity through open and competitive markets is at risk on this new frontier. This new battle is being fought on the abstract electronic plains of America while most of us cannot even open our email. The beachheads are red with the blood of ambitious Americans gunned down for their initiative.

Let’s be honest: we never, ever, want this story to end.

P.S. — Wondering why Rebel EFI is listed as “out of stock” on the Psystar website? It’s because there isn’t any stock, shockingly enough — in a statement filed with the court on December 31, Rudy Pedraza says all copies of the bootloader have been destroyed except for one that’s in the possession of his attorneys. Between this appeal and the pending case in Florida over Snow Leopard, we’d say that means it’ll be a long time before the software is back on the scene — enough time for the legit OSx86 scene to leapfrog it entirely.

Psystar files official notice of appeal, ruthlessly attacks windmill originally appeared on Engadget on Sat, 16 Jan 2010 12:32:00 EST. Please see our terms for use of feeds.

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Apple retaliates: requests US import ban on Nokia phones


As expected, Apple just responded to Nokia’s ITC request to ban Apple device imports with a US embargo request of its very own. Notice of Apple’s complaint (without any detail) was posted yesterday on the website of the International Trade Commission — a government agency tasked with protecting the US market from unfair trade practices. As you might recall, the whole Nokia v. Apple legal spat started with Nokia suing Apple for infringing upon Nokia patents relating to GSM, UMTS, and WiFi; a claim later expanded to include “implementation patents” covering a wide range of items including camera sensors and touchscreens. While the ITC hasn’t agreed to investigate either Nokia’s or Apple’s complaints, it is customary to do so with investigations usually taking about 15 months to complete. We’ll post more when the details of Apple’s patent infringement complaint are revealed.

Apple retaliates: requests US import ban on Nokia phones originally appeared on Engadget on Sat, 16 Jan 2010 07:02:00 EST. Please see our terms for use of feeds.

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Kodak files patent lawsuits against Apple and RIM

Apparently Kodak’s attorneys were having a little courtroom separation anxiety — just a week after settling that long-running patent case with Samsung, they’ve filed three separate actions against Apple and RIM based. Two of the cases are based on the same patent at issue in the Samsung litigation: the first is an International Trade Commission complaint alleging that iPhones and BlackBerrys infringe the Kodak patent on previewing images, while the other is filed solely against Apple in the Western District of New York and also includes a patent on processing images at different resolutions. Apple’s also the sole focus of the third case, which alleges infringement of several patents on computer programs calling to other programs — sounds obvious, but Kodak’s already enforced them against Sun in a 2004 case. Kodak says all it’s after is fair license terms, and that it’s not trying to push anything off the market — the man with the gun always sounds so reasonable, doesn’t he?

Kodak files patent lawsuits against Apple and RIM originally appeared on Engadget on Thu, 14 Jan 2010 10:41:00 EST. Please see our terms for use of feeds.

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Santa Fe WiFi foe strikes again: sues neighbor for using wireless devices, lives in a car

No, this isn’t him, because the real Arthur Firstenberg (with or without a cat) would probably need more than an aluminum helmet to cure his “electromagnetic sensitivity,” symptoms of which allegedly include stomach pains and memory loss. In fact, this man — an active member of the anti-wireless group in Sante Fe — has taken one step further by suing his bewildered neighbor 25 feet away for refusing to switch off her wireless devices, which he claims has forced him to stay at friends’ or live in a car. We’d say just chill out, find some place in the middle of an African desert, and then fly out. Oh, wait.

[Photo courtesy of Wally Glenn]

Santa Fe WiFi foe strikes again: sues neighbor for using wireless devices, lives in a car originally appeared on Engadget on Tue, 12 Jan 2010 06:12:00 EST. Please see our terms for use of feeds.

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Another RIAA Victim Fights Back

This article was written on July 11, 2007 by CyberNet.

It is well-known that the RIAA aggressively files lawsuits when they feel they have evidence that someone is pirating music. Back in February we reported that a 16 year old boy from New York was being sued by the RIAA for piracy, and decided to fight back. He’s not alone in his fight anymore becasuse a woman from Beaverton, Oregon is also fighting back.

The woman, Tanya Anderson, was sued by the RIAA back in 2005 after they claimed she had illegaly download over 1200 songs onto her computer. They even told her the user name that was used to download the songs which she claims wasn’t hers.

A judge ordered the RIAA experts to take a look at her computer to seek evidence, however, they weren’t able to find any illegal activity. Despite this, they still wouldn’t drop the case. After intense interrogation, and a required desposition from her 10 year old daughter, Anderson decided to fight back.

Tanya Anderson’s lawsuit claims that she fell victim to abusive legal tactics, threats, and illegal spying. She wants to collect attorney fees and costs, and also wants money for the damaged that they caused to her life.

While it used to be rare for someone to fight back, it seems that more people who know they are innocent are standing up to the RIAA, despite the amount of time (sometimes years) it can take to resolve the whole ordeal.

Source: Oregon Live (Thanks for the tip, Ed!)

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Samsung and Kodak put an end to patent squabbles

It looks like Kodak and Samsung’s ‘patent squabble’ can be attributed to misplaced affection. According to some newly minted PR, the companies have inked a technology cross-license that will allow each access to the other’s portfolio. Details are scarce, but apparently Sammy has already made a payment to Kodak as credit towards the royalties it will owe once it dives into the classic imaging company’s back catalog. And how about all that alleged patent infringement? The lovebirds have agreed to file joint requests to terminate proceedings and settle their lawsuits against each other, heralding a new era of peace, love, and cooperation — a great way to begin a new decade, don’t you think? Chuck Woolery, you’ve done well. PR after the break.

Continue reading Samsung and Kodak put an end to patent squabbles

Samsung and Kodak put an end to patent squabbles originally appeared on Engadget on Mon, 11 Jan 2010 12:02:00 EST. Please see our terms for use of feeds.

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