The Joy of Tech illustrates some 'iPad 3 FACTS!' in their latest comic.
*thanks iclarified*
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In a decision that will inevitably lead to similar cases in the future, Associated Press reported a judge in California awarded an iPhone user $850 in a small claims case filed against AT&T that found the carrier guilty of throttling data speeds on the iPhone 4′s unlimited data plan. According to the iPhone user, who was grandfathered in to the unlimited data plan, his data was throttled after reaching between 1.5GB to 2GB of data in any given billing cycle:
Pro-tem Judge Russell Nadel found in favor of Matt Spaccarelli in Ventura Superior Court in Simi Valley. Spaccarelli filed a small claims case against AT&T last month, arguing the communications giant unfairly slows speeds on his iPhone 4′s unlimited data plan…Nadel’s ruling could pave the way for others to follow suit. AT&T has some 17 million customers with “unlimited data” plans that can be subject to throttling, representing just under half of the company’s smartphone users. When asked for comment, AT&T said:
“This is a small claims matter. We are evaluating next steps, including appeal. But at the end of the day, our contract governs our relationship with our customers.” There is a possibility AT&T will appeal the judge’s decision. AP said AT&T Area Sales Manager Peter Hartlove “argued in court that his employer has the right to modify or cancel customers’ contracts if their data usage adversely affects the network.”
As of October 2011, AT&T officially began throttling data speeds of the top 5 percent of heavy data users and told us last month “throttling only applies to top users with grandfathered unlimited plans.” At that time, an AT&T spokesperson provided us with the following explanation:
For AT&T, throttling only applies to top users with grandfathered unlimited plans. As we said last summer, smartphone customers with unlimited data plans may experience reduced speeds once their usage puts them in the top five percent of our heaviest data users. We will continue to send reminders and communicate with these customers ahead of time as their usage approaches the top five percent.
*thanks 9to5mac*
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A settlement has finally been reached in the class action lawsuit against Apple and the iPhone 4 antenna, reports CNET.
The preliminary approval announced Friday afternoon will give all US residents who bought the iPhone 4 a free bumper or a $15 check provided by Apple.
The settlement comes from 18 separate lawsuits that were consolidated into one. All share the claim that Apple was "misrepresenting and concealing material information in the marketing, advertising, sale, and servicing of its iPhone 4--particularly as it relates to the quality of the mobile phone antenna and reception and related software."
Apple is forced to send emails to all US buyers by April 30, 2012 notifying them of the settlement. The site, www.iPhone4Settlement.com, will go live in the coming weeks with instructions on the settlement and how to make a claim.
Antennagate started when the iPhone 4 was released and users noticed poor reception when gripping the antenna. It quickly turned into a PR nightmare for Apple. Eventually, Apple held a press conference dismissing any problems with the antenna, but did give a free case to early iPhone 4 buyers.
*thanks iclarified*
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Proview is petitioning Chinese customs to stop shipments of Apple iPads, reports Reuters.
The company claims to own to the 'iPad' trademark in China and plans to stop shipments of the table going in and out of the country. Proview won a lawsuit over the trademark late last year and is now looking to enforce the court's ruling.
Apple says it bought the worldwide rights to the trademark long ago.
"We bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter," an Apple spokeswoman said.
On January 5th Apple filed an appeal with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court.
*thanks iclarified*
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Chinese authorities have reportedly begun confiscating iPads from local retailers following the a verdict that Apple infringed on the iPad trademark owned by Proview in the country, reports Digicha.
Apparently as a result of the Proview iPad trademark infringement verdict, some local Administrations of Industry and Commerce (AIC) have started to confiscate Apple ($AAPL) iPads they find on sale. The article claims that many stores and resellers have taken the products off their shelves to avoid discovery by authorities, but if you ask for an iPad you can still buy one. It is not clear if this is going to happen nationwide or if this is just the action of a handful of local authorities, but Apple has a lot of risk in this case.
Proview reportedly plans to ask for 10 billion yuan ($1.5 billion USD) in compensation from Apple.
Apple filed an appeal on January 5th with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court. Apple says that a Proview subsidiary in Taiwan sold the trademark rights to a UK company called "IP Applications" which then sold the mark to Apple in 2010.
*thanks iclarified*
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Beijing authorities have reportedly opened an investigation into Apple's possible infringement of Proview's iPad trademark in China, reports GlobalTimes.
According to the Beijing Evening News, the Xicheng District Administration for Industry and Commerce has investigated the case, as it is the district where one of the five Apple stores in China is located. Apple has been denied the rights to the trademark for the term "iPad" in China, after a legal battle with Hong Kong-based Proview Technology. Proview registered the iPad trademark in markets as early as 2000, long before Apple unveiled the iPad in [2010].
"Proview made a formal complaint to the Xicheng administration in 2011 and they had planned to slap Apple with a 240 million yuan ($38 million) fine, but it was suspended after Apple's objections," said Xie Xianghui, a lawyer from the Shenzhen branch of Grandall Law Firm. Xie says that Proview has also filed lawsuits against Apple authorized retailers and plans to ask for 10 billion yuan ($1.5 billion USD) in compensation from Apple.
The Xicheng District Administration says the situation is under investigation and they haven't announced the possibility of a fine for Apple.
Apple filed an appeal on January 5th with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court. Apple says that a Proview subsidiary in Taiwan sold the trademark rights to a UK company called "IP Applications" which then sold the mark to Apple in 2010.
*thanks iclarified*
This reminds me of that lodsys case with Apple and it's App developers.
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The iPhone Dev-Team has released an updated command line utility that can perform a jailbreak of the iPhone 4S and iPad 2 using Windows.
Version 0.4.3 adds support for Windows users. It also makes the "-j" jailbreak option much more functional :) See the README.txt for usage.
The command line interface should only be run by advanced users and is primarily for debugging issues with the jailbreak. Most users should wait for the Chronic Dev-Team to release a Windows version of Absinthe. If you want to give the CLI a go, you can download it here. Make sure to read the included readme.txt for usage instructions.
cinject -i payloads/jailbreak.mobileconfig cinject -j payloads cinject -w toggle VPN on and look for the "pod2g is in da house!" syslog message
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