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Sony owes Xperia owners a refund over faulty water resistance

When you buy a phone billed as water-resistant, you generally expect it to survive accidental dunks. Some Sony phone owners have a very different story, though — their supposedly resistant phones took water damage that required an expensive f…

Former Uber CEO says fraud lawsuit defies common sense

Travis Kalanick says Benchmark Capital, the Uber board member suing him for fraud, pretended to be on his side and then forced him to resign as CEO while he was vulnerable due to the death of his mother. The former Uber chief has filed his res…

LinkedIn can’t block scrapers from monitoring user activity

Your LinkedIn activity could soon be used to keep tabs on you at work. On Monday, a US federal judge ruled that the Microsoft-owned social network cannot block a startup from accessing public data. The company in question, hiQ Labs, scrapes Li…

Riot Games loses 'League of Legends' lawsuit to retired soccer star

A Dutch court has ruled that developer Riot Games must pay former Netherlands midfielder Edgar Davids for using his likeness in League of Legends. According to the ruling, a championship skin used in the game infringed on his personal image ri…

Investors demand key VC firm leave Uber’s board in light of lawsuit

Yesterday, it was revealed that Benchmark Capital, an Uber investor with a seat on the company’s board, is suing former CEO Travis Kalanick for fraud. Now, in an equally bizarre move, a group of investors is asking Benchmark to divest a significant p…

Nintendo faces lawsuit over the Switch's detachable controllers

The Nintendo Switch certainly isn’t the first gaming tablet, but is it directly riffing on others’ ideas? Gamevice thinks so. The accessory maker is suing Nintendo for allegedly violating a patent for concepts used in the Wikipad, its gaming-orient…

Investment firm sues Uber's Kalanick to oust him from board

It has been only a couple of days since Uber co-founder Garrett Camp promised that former CEO Travis Kalanick would not be coming back to the company as CEO. Now Benchmark Capital, an early investor with a seat on Uber’s board, is suing Kalanick for…

Theranos settles Walgreens lawsuit with 'no finding of liability'

Theranos, the lab testing and equipment company, has had a bad couple of years. The company has been accused of all sorts of wrongdoing, including fake test results and false claims of “innovative” laboratory equipment. Last November, drugstore Walgr…

Judge rules lawsuit claiming Apple broke FaceTime can proceed

Apple was hit with a lawsuit earlier this year that claims the company purposefully broke FaceTime on iOS 6 in order to push people to upgrade to iOS 7. And as of late last week, Apple failed to get the suit dismissed as District Judge Lucy Ko…

Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier

United States district judge Lucy Koh has denied Apple’s motion to dismiss a lawsuit related to disabling FaceTime on iOS 6 and earlier software versions three years ago, allowing the case to proceed as a class action lawsuit. MacRumors obtained court documents of the opinion filed electronically.


The lawsuit was filed in February by California resident and iPhone 4 owner Christina Grace, who claims Apple intentionally broke FaceTime on iOS 6 and earlier by disabling a digital certificate that caused the service to cease functioning. California resident Ken Patter was later named as a second plaintiff.

FaceTime abruptly stopped functioning for all iOS 6 users in April 2014. At the time, a spokesperson for Apple said devices may have encountered a “bug” resulting from a device certificate that expired on that date, and the company advised affected users to update to iOS 7 to fix the issue.

The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Apple used two connection methods when launching FaceTime in 2010: a peer-to-peer method that created a direct connection between two iPhones, allegedly used between 90 and 95 percent of the time, and a relay method that used data servers from content delivery network company Akamai Technologies.

Apple’s peer-to-peer FaceTime technology was found to infringe on VirnetX’s patents in 2012, however, so the company began to shift toward the relay method, which used Akamai’s servers. Within a year, Apple was paying $50 million in fees to Akamai, according to testimony from the VirnetX trial.

Apple eventually solved the problem by creating new peer-to-peer technology that would debut in iOS 7 in September 2013. But not all users upgraded and, seven months later, the lawsuit alleges that Apple intentionally broke FaceTime on iOS 6 and earlier to stop paying millions per month to Akamai.

Testimony from Apple’s 2016 retrial with VirnetX indicated that, between April 2013 and September 2013 alone, Apple paid approximately $50 million as a result of FaceTime functioning in relay mode only on iOS 6 and earlier.

Updating to iOS 7 could be seen as the simple solution in this situation. But the plaintiffs owned an iPhone 4 and iPhone 4s, and cited internet articles that claim updating to iOS 7 significantly impairs the performance and functionality of those smartphones. Their complaint also cited Bluetooth and Wi-Fi issues.

In its now-denied motion to dismiss, one of Apple’s arguments was that the plaintiffs have no right to uninterrupted, continuous, or error-free FaceTime service under the terms of its iOS Software License Agreement. Apple also said the plaintiffs didn’t experience the iOS 7 issues mentioned on their own iPhones.

The class action lawsuit would apply to all iPhone 4 or iPhone 4s owners in the United States who, on April 16, 2014, had iOS 6 or an earlier version of the operating system installed on that device. The plaintiffs claim Apple’s actions violate California’s Unfair Competition Law and are seeking a jury trial.

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Court says politicians can't block people on social media

A federal court in Virginia just handed down a verdict that could affect a lawsuit against the president for blocking users on Twitter. US District Judge James Cacheris has ruled that Phyllis Randall, chairwoman of the Loudoun County Board of …

Florida Company Sues Apple, Says Apple TV's 'What Did He Say?' Feature Copies Its Movie Software

Florida company CustomPlay filed a patent infringement lawsuit against Apple today, claiming the fourth-generation Apple TV’s rewind with closed captioning tvOS feature copies its movie companion software.

Using the Siri Remote, Apple TV users can…

Microsoft is waging a quiet war against elite Russian hackers

Microsoft has proven itself to be an unlikely vigilante in the ongoing international cyberespionage story. The company started out suing the hacking group Fancy Bear for using domain names that violated Microsoft’s trademarks, and in doing so unearth…

Uber sued again for failing to accommodate disabled passengers

Despite Uber’s programs to serve the needs of people who use wheelchairs, the ride sharing company faces a long line of lawsuits and complaints about its ability to serve people with disabilities. The Equal Rights Center claims that the company is in…

Qualcomm CEO Says Out of Court Settlement With Apple Could Happen

Apple and Qualcomm have been embroiled in a bitter legal battle since the beginning of the year, and though the fight has escalated in recent weeks, Qualcomm CEO Steve Mollenkopf today told Fortune that an out of court settlement is not out of the question.

“There’s not really anything new going on,” Mollenkopf said speaking at the Brainstorm Tech conference in Aspen. About the Apple dispute, he explained “those things tend to get to resolved out of court and there’s no reason why I wouldn’t expect that to be the case here.”

Mollenkopf went on to say that he has no specific news of a settlement and that nothing new has happened in the case. “I don’t have an announcement or anything so please don’t ask, he told Fortune. Mollenkopf made a similar statement back in February, but that was before the legal battle between the two companies intensified. At that time, he also said he didn’t expect a public fight, something Apple and Qualcomm have not been able to avoid.


Today’s interview suggests Qualcomm is still open to settlement talks, but whether that will happen remains to be seen. If Apple and Qualcomm do not settle, we can expect a legal battle that will continue on for several years.

The fight between Apple and Qualcomm started in January, after the FTC complained that Qualcomm had engaged in anticompetitive patent licensing practices. Apple sued Qualcomm for $1 billion just days later, accusing the company of charging unfair royalties for “technologies they have nothing to do with” and refusing to pay quarterly rebates.

According to Apple, Qualcomm has overcharged it by billions of dollars by “double-dipping” with unfair patent licensing agreements, while Qualcomm claims its innovations are “at the heart of every iPhone” and that the royalties are fair.

Qualcomm went on to countersue Apple in April, accusing the company of breaching licensing agreements, making false statements, and encouraging regulatory attacks against Qualcomm, which prompted Apple to stop making royalty payments to Qualcomm entirely until a court can determine the proper amount due.

Apple in late June expanded its lawsuit against Qualcomm, and at the beginning of July, Qualcomm filed a separate patent lawsuit against Apple and asked the International Trade Commission to block imports of select iPhone and iPad models.

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Ashley Madison will pay $11.2 million to data breach victims

Ashley Madison is still picking up the pieces two years after the massive data breach that exposed millions of users’ information. The parent company of the cheat-on-your-spouse website continues to deny any wrongdoing, but it has agreed to settle th…

Judge allows pacemaker data to be used in arson trial

Remember Ross Compton, that man from Ohio who was charged with aggravated arson and insurance fraud based on his pacemaker data? He and his lawyer tried to convince the court to disregard that evidence, arguing that it was obtained in an illeg…

Trump sued for blocking users on Twitter

The Knight First Amendment Institute at Columbia University warned President Trump to stop blocking Twitter users. The freedom of speech organization sent the president a letter last month arguing that when Twitter is used by a President, it o…

Fitbit faces ill-timed lawsuits over haptic feedback

Fitbit is facing hard times between slowing fitness tracker sales and a reportedly floundering smartwatch project. Unfortunately, there’s more bad news to add to the pile. Immersion is suing Fitbit in China and the US for allegedly violating multip…

Judge sides with Twitter in lawsuit against the US government

The lawsuit Twitter filed against the US government over the right to fully disclose national security requests hasn’t been resolved yet, but at least it isn’t dead. US District Judge Yvonne Gonzalez Rogers has allowed the case to go forward after th…

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