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Apple under fire from governments in both hemispheres over alleged anti-competitive practices

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Photo: http://www.globalpost.com

Photo: http://www.globalpost.com

Apple may face an anti-trust investigation in Europe over its iPhone contracts with carriers as it defends itself against separate investigations for alleged price gouging in Australia.

Apple was informed last year that it would be required to attend a hearing by Australia’s Standing Committee on Infrastructure and Communications to explain why its pricing of digital content was higher in Australia than in the United States. The hearing is now underway, as reported by the Sydney Morning Herald, with Apple asked to explain why content sold through iTunes is marked up between 30 and 70 percent higher than in the U.S. Apple is blaming wholesale pricing agreements in the country.

“The pricing of this digital content is based on the wholesale prices which are set through negotiated contracts with the record labels, movie studios and TV networks,” said Mr King, who is Apple’s vice president for Australia, New Zealand and South Asia.


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iPad mini now in stock in many countries through Apple online store

Screen Shot 2013-02-19 at 1.35.27 PM

After improving to “3-5 days” shipping time in most major markets late last month, the iPad mini is today listed as in stock for all models in at least the United States, Australia, Singapore, New Zealand, and Canada. Some other stores, such as the United Kingdom’s online store, is still quoting an estimated shipping time of “1-3 business days”, but Apple’s listing of the device as in stock in the U.S. likely means the company is starting to catch up with demand. At Apple’s earnings call, Apple CEO Tim Cook noted that the iPad mini remains constrained and high in demand. He also noted that Apple would significantly increase the supply but wasn’t sure if it would reach a supply/demand balance on iPad mini during the current quarter.

 “we sold 23 million iPads, we obviously could have sold more than this because we could not build enough iPad minis to come into a demand balance… Im sure there was some cannibalization of Macs there.”

(via @iphonehackx)

Movies and TV Shows oddly disappear from Apple TVs for many users

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[tweet https://twitter.com/jonveal/status/284257950065897472]

Several 9to5Mac readers, most of which are located in the United Kingdom, reported that movies and TV shows have oddly disappeared from the Apple TV menu. A thread on Apple’s Support forums confirmed many users are now experiencing the issue.

While the problem originally appeared to only affect users located in the U.K., more reports on Twitter, as highlighted in the selection of tweets below, from New York, France, Ireland, and Australia further confirmed missing icons. One user on Apple support forums claimed Apple informed him the icons would be restored soon and that the stores continue to work in the U.S. and Luxembourg:


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Apple Australia hit with $28.5M in back taxes after questionable use of tax havens

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Days after executives from Google, Amazon, and others were grilled by regulators in the United Kingdom over the issue of tax avoidance in Europe, The Sydney Morning Herald reported today that Apple’s Australian arm has been hit with a $28.5 million bill for back taxes in the country:

APPLE AUSTRALIA has been hit with a $28.5 million bill for back taxes, statements lodged with the corporate regulator in April show… News of the Tax Office bill comes as European governments put global technology companies under intense pressure over their complex ownership structures that rely heavily on a network of tax havens… Apple’s Australian arm reaped $4.9 billion in revenue last year through the sale of its computers, iPads and iPhones. The bill takes its total tax tab for the year ending September 24, 2011, to $94.7 million.

Earlier this year, The New York Times profiled how Apple uses tax havens, such as Nevada, Ireland, and Luxembourg, to sidestep taxes in both the United States and Europe. The U.K. isn’t the only country putting pressure on technology multinationals over tax avoidance schemes, SMH also noted the French government requested $252 million USD in back taxes from Amazon, a company that also uses Luxembourg as a tax haven for its Europe operations, earlier this week.
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Apple patent covers hidden biometric sensor, fingerprint tech for security & wallet applications

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With Apple’s $356 million purchase of mobile security firm AuthenTec, for its nearly 200 patents covering fingerprint and sensor technologies, there has been a lot of talk about how Apple might integrate the technology into future devices. Adding to the rumors are recent reports that Apple signed a deal with Sydney, Australia-based Microlatch to develop NFC apps using its fingerprint authentication tech. Today, we get a look at some possible areas Apple might be exploring with the technology thanks to a patent application published by the U.S. Patent and Trademark Office and detailed by Patently Apple.

As highlighted in the image above, Apple’s patent covers a hidden color-matched or transparent “window”—next to the iPhone’s home button in this case—that could reveal “components by causing the electronic window to change opacity, allowing the components to suddenly appear as from out of nowhere.” In other words, Apple could build a biometric sensor or camera into a device’s bezel but have it remain invisible to the user—at least when not in use. One embodiment of the invention described using fingerprint tech during the unlocking process (pictured right):

In Apple’s patent FIGS. 12 and 13 shown below we see a biometric sensor in context with a fingerprint reader which is initially concealed behind a closed window on an iPhone. Upon the iPhone’s activation in a locked state, a lock screen 160 may be displayed requesting a user to slide a finger across the display to unlock the device. The electronic device may request user authentication to access the handheld device. The device may then display an instruction screen requesting that a user provide biometric data via their fingerprint which will be read by the fingerprint reader.

The patent also covers similar methods using face recognition and eye recognition rather than fingerprint sensors; the invention would also not be limited to unlocking devices. The patent continued by describing e-commerce and wallet applications, which would line up with the earlier reports regarding Microlatch:
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New iPod touch begins shipping to customers and showing up in Apple Retail Stores alongside iPod nanos

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Apple posted a user guide for the fifth-generation iPod touch to iBooks early this morning, indicating a retail launch for the device is coming sooner rather than later. Apple promised an October timeframe for preorders of the device shipping from its Online Store, but today we get word from readers that Apple is now shipping orders of the fifth-generation iPod touch, as well as the new iPod nano, with delivery expected early next week. The shipment notice above comes from a user in the United States with an expected delivery date of Oct. 15, but international users have reported receiving notices as well. The image below shows an expected delivery date of Oct. 15 from an Australian reader, while the new iPod nano is still listed as preparing for shipment. Yesterday, Apple started shipping orders for the 30-pin to Lightning adapterThanks, Penpal1278!

It also appears that Apple started to sell the new iPod touch and iPod nano in at least some of its retail locations:

[tweet https://twitter.com/richardlai/statuses/255638557606162432]
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Scott Forstall says that Australian ‘turn by turn’ in Maps is in qualifying stages

For Australians wondering why turn-by-turn is not turned on in iOS Maps, or when it will turn on for that matter, a forwarded email from Apple Senior Vice President of iOS Scott Forstall may shed some light. The email is in response to the question of whether or not turn-by-turn “will be switched on for us Aussies in the near future?” Forstall responded:

Australia is definitely important to us. We first need to make sure our data is exceptional and qualified before turning on turn-by-turn.

Forstall’s reply seems to indicate it will pop up very soon.

Update: Luke Hopewell from the Aussie Giz has the same email and some additional local color.
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Apple’s first Sweden retail store comes to Stockholm [Updated: now official]

Update: Now official

While not official from Apple, the store that was previously rumored to be an Apple Store in Stockholm’s Taby C mall appears pretty likely to be an Apple Store. The run-up to this day has been long for Swedish Apple users. The local MacWorld.se says doors should open around Oct. 25, which is just in time for iPad Minis and the holidays. Watch out IKEA!

https://twitter.com/digitrendSE/status/240026380824346624

Perhaps most disappointing about this whole thing: Malls in Sweden look exactly like malls here in the United States. :(


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Australian parliament launches probe into Apple price gouging, as Apple TV hits Brazil for $211

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Apple and other technology companies will soon have to answer the Australian Parliament as to why content from iTunes costs more for Australian consumers than United States consumers. The Sydney Morning Herald reported the Minister for Communications Stephen Conroy has now signed off on a parliamentary inquiry that will carry out sometime this year by the standing committee on infrastructure and communications from the House of Representatives.

The report noted the inquiry could extend to eBooks if evidence of price increases for Australian consumers comes to light. In July 2011, Apple cut the price of iOS apps in Australia by up to 25 percent in response to criticism from many, such as federal Labor MP Ed Husic, who raised the issue in Parliament. However, the inquiry will be the first time Apple is asked by Parliament to explain its pricing strategies for the Australian market. The issue surfaced once again last week with the release of Adobe’s latest software suite, which costs up to $1,400 more for Australians.

Husic also raised similar pricing complaints over Apple’s hardware products, which is something that the Brazilian market is experiencing today with the release of the new Apple TV:


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Samsung employs protesters to ‘wake up’ Apple users?

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UPDATE:  Samsung just officially denied any involvement with the “Wake Up” protest held outside of an Australian Apple Store earlier this week. According to SlashGear, the company stepped forth Friday and denied any ties to the affair: ”Samsung Electronics Australia has nothing to do with the ‘Wake-Up Campaign’.” Read more at 9to5Mac.

Samsung reportedly hired marketing agency Tongue to lead an advertising campaign for its upcoming Galaxy S III launch, and its first demonstration occurred at an Apple Store in Australia earlier this week, but the event resembled more of a protest or call to arms, rather than a promotional stunt.

A mysterious black bus donning the phrase “WAKE UP,” coupled with hordes of chanters waving coordinating signs in the air, roamed through the streets of Sydney on April 22. The show paraded in front of George Street’s Apple store and left the entire city in confusion.

[youtube=http://www.youtube.com/watch?feature=player_embedded&v=Ldq2tNLRDwA]

According to Australian website mUmBRELLA, the staged fuss also boasted a series of billboards posted around the area, as well as “WAKE UP” written on the bottom of Bondi Ice Bergs’ pool, and an equally-mystifying website at wake-up-australia.com.au. The URL is registered to ad agency New Dialogue, which underwent rebranding and now goes by the name “Tongue.”

The website allegedly counts down the Galaxy S III launch, but it is set to end at 3 p.m. May 6. The highly anticipated Android-powered smartphone is the primary rival to Apple’s iPhone, and it is unveiling May 3 in London, so circulating rumors indicate the “WAKE UP” countdown is actually the device’s landing date for Australian markets.

Samsung previously hosted a teaser website at tgeltaayehxnx.com, which is anagram for “the new galaxy,” that also contained a countdown. It redirected users to thenextgalaxy.com when the clock ran out last Monday. Samsung embedded a video on the subsequent page that promised its next Galaxy device will “stand out from everyone else” while depicting a slew of sheep in a field for the closing frame. The imagery and language is a definite jab at iPhone users, who are often mocked as “iSheep,” over speculation that they blindly follow Apple.

[youtube=http://www.youtube.com/watch?feature=player_embedded&v=8NnVU8R6mAU]


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One-of-a-kind handmade leather iPad case with original Apple logo

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The one-off, handmade case above featuring the original Apple Newton logo engraved in thick premium leather was commissioned by Reddit user 44oz.  The logo featuring Sir Isaac Newton sitting under an apple tree with the text “Apple Computer Co” is said to have been designed by Apple’s third cofounder Ronald Wayne. Handmade by Attila Acs in Australia, the one-of-a-kind case sports black kangaroo leather bands to hold the iPad in place and red suede lining. The whole process of carving the design into the leather is documented on Snapguide, and you can learn more on the creator’s website at Highonglue.com.

This is a handmade iPad cover made from 3.5mm thick premium leather, suede lining, kangaroo leather spine and parts.


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Apple defends iPad ‘4G’ name in Australian federal court

The last we heard in the case of Australia’s Competition and Consumer Commission taking Apple to court over the “4G” branding of the new iPad was a meeting earlier this week that ended without resolution. Apple offered users a refund for the third-gen 4G iPad and changed some of its “4G LTE” advertising on its Australian website following complaints the device did not operate on frequencies used by 4G networks in the country. However, the ACCC wanted Apple to change the Wi-Fi + 4G branding of the actual device.

Today, a report from The Australian claimed Apple is defending the name by claiming, despite operating only on 3G networks, the new iPads on Telstra, Optus and Vodafone deliver speeds “in accordance with accepted industry and regulatory use of the descriptor ‘4G’.” In other words, Apple thinks the carrier’s 3G networks should be referred to as 4G networks. This is what Apple told an Australian federal court this week:

Apple says the iPad is compatible with data networks run by Telstra, Optus and Vodafone “which are 4G networks in accordance with accepted industry and regulatory use of the descriptor ‘4G’ “…. The iPad with WiFi + 4G is a device which performs in accordance with the descriptor ‘4G’ in terms of data transfer speed… The descriptor ‘4G’ … conveys to consumers in Australia that the iPad with WiFi + 4G will deliver a superior level of service in terms of data transfer speed (consistent with accepted industry and regulatory use of that term), and not that the iPad with WiFi + 4G is compatible with any particular network technology promoted by a particular mobile service provider in Australia.”

Apple also claimed:

“There was at all material times information widely published in Australia which informed consumers that the iPad with WiFi + 4G was not compatible with Telstra’s 4G LTE network”

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Rockstar’s original Max Payne lands in App Store with Retina graphics

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[slideshow]

Update: The app is live on most stores now including the U.S. store for $2.99 here.

Rockstar announced a couple of weeks ago that the iOS port of classic PC, PlayStation 2, and Xbox title “Max Payne” would make its way to the App Store April 12. One day early, it looks like the game is already available in App Stores around the world with the New Zealand store, the Australian store, and others already listing the game.

The game in terms of plot and gameplay does not stray far from the original, but Rockstar updated the port with new high-res textures and graphics with full support for the iPhone 4S and the third-generation iPad’s Retina displays. Controls were reconfigured for the touchscreen, and Rockstar is bundling support for its Social Club Xbox Live-like network for iPhone 4, 4S, iPad 2, and the new iPad users. The game will also support cheats, such as the “Skip to Level.”

We will keep you updated when “Max Payne” lands in the United States store, most likely for around the $4.99 $2.99 mark. When it does, the universal app will be compatible with iPhone 3GS, iPhone 4, iPhone 4S, iPod Touch 4, iPad 1, iPad 2, and the new iPad.


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Is Apple falsely advertising 4G on its iPads in Australia?

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The Australian Competition and Consumer Commission is seeking to have Apple drop the “4G” from the advertising/website of its new iPad products with cell modems…

The ACCC alleges that Apple’s recent promotion of the new “iPad with WiFi + 4G” is misleading because it represents to Australian consumers that the product “iPad with WiFi + 4G” can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.

Optus and Telstra do not use the compatible LTE radio frequencies as Apple’s iPad; therefore, new iPads are not compatible with the LTE 4G networks in Australia. Both mobile carriers already dropped the “4G” naming on the new iPad on their websites. However, Apple does display “iPad +4G” on the Apple.com.au website.

The speed that the iPad gets in Australia is pretty solid…

[vodpod id=Video.16283816&w=425&h=350&fv=playerType%3Dembedded%26amp%3Btype%3Did%26amp%3Bvalue%3D50122211]

Importantly, Apple has the subtext:

The iPad with Wi-Fi + 4G model can roam worldwide on fast GSM/UMTS networks, including HSPA, HSPA+, and DC-HSDPA. When you travel internationally, you can use a micro-SIM card from a local carrier. You can also connect to the 4G LTE networks of AT&T in the U.S. and Bell, Rogers, and Telus in Canada.

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More importantly, it does not look like Australians play high and fast with marketing terms like “4G” as we do here in the United States, which now describes HSPA+ on AT&T iPhone 4S’s.
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Square rebrands Card Case as ‘Pay with Square’ in monster update following Paypal’s announcement

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[slideshow]

Square updated its “Card Case” app with a new design, new name, and a shiny new icon (literally) less than a week after PayPal announced its triangular Square competitor.

Unlike the previous version of the app, which used a credit card metaphor for each store you had an account with, version 2.0, now called “Pay with Square,” uses a list of businesses nearby that accept Square payments and allow you to quickly open a tab at any of them. You can also search a map for nearby Square-compatible businesses and add your favorites to a list for quick and easy access on future visits.

What’s new in Version 2.0, below:


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Apple’s Time Capsules go missing from retail stores globally

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Shipping times for Time Capsules are increasing steadily across regional online Apple stores in the United States, Australia, New Zealand, Germany, Italy, United Kingdom, France and other territories. While the 3TB version of Time Capsule is in stock at certain online Apple Stores, most now list the wireless backup appliance with up to one to three weeks delivery time. Meanwhile, 2TB Time Capsules in some stores take one to two weeks. Over at Amazon (temporarily out of stock) and Best Buy (sold out) things are not looking peachy either.

This is similar to the AppleTV shortages we noted over the weekend but may not be for the same reason.

Time Capsule constrains could be linked to the Thai floods that have led to global shortages of hard drives and subsequent jacked prices by as much as 28 percent. A disruption in the hard drive supply already affected the 27-inch iMac. That, plus the fact that other AirPort-branded products stay in stock only reinforce the notion that constrained supplies of Apple’s Time Capsule is likely caused by global hard drive shortages.

According to an unnamed tip that 9to5Mac received this morning, several Apple outlets in Australia no longer have Time Capsules in stock:


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Apple online stores down in China, Australia, and 11 other Pacific countries

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Update: The stores appear to be back online now, and while the China/Hong Kong, Taiwan, Singapore, Malaysia, Philippines, and Thailand stores have access to Red Friday deals, the others don’t. As for discounts, most products, including iPads, MacBooks, and iMacs appear to be on sale for in between 5% and 10% off. For everyone else, 9to5 readers can still get some of the best prices on Macs in the U.S. through our discount code at MacMall.

While we have not confirmed the exact reason, it looks like around 13 Apple online stores worldwide are currently down. Among them: China, Australia, Japan, Korea, Taiwan, New Zealand, Hong Kong, Singapore, Malaysia, Philippines, Thailand, and Vietnam.

There is a good possibility Apple is updating these websites to reflect the ‘Year of the Dragon’ Jan. 6 Red Friday shopping event that is expected to land in China/Hong Kong, Taiwan, Singapore, Malaysia, Philippines, Thailand, and possibly the other countries with online stores currently down. We will keep you posted if we notice any changes when they come back online.


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Apple advertises Boxing Week iTunes sale in Canada, 69-cent songs and albums from $5.99

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Apple does not often have or advertise sales on Boxing Day, a holiday recognized in the United Kingdom, Canada, Australia, and New Zealand. On the holiday, retailers discount products similar to Black Friday in the United States. However, this year, Canadians are getting a Boxing Week sale on iTunes.

As of right now, Apple is running a promotion in at least the Canadian iTunes store with a selection of 69-cent songs and albums from $5.99, including: Mylo Xyloto by Coldplay, Scary Monsters and Nice Sprites by Skrillex, Foo Fighters’ Wasting Light, and Take Care (Deluxe Version) by Drake.  Each album is selling between $5.99 and $7.99. Altogether, there are 30 or more albums offered.

There is also a selection of 69-cent song collections consisting of the top-selling songs from 2011, best songs of 2011, classic hits, and more.

It is unclear whether Apple will have a Boxing Day or Week sale in its Canadian, U.K., or Australian online and retail stores. Canadian retailers typically run Boxing Week sales from Dec. 24 through Jan. 2, but Boxing Day is traditionally recognized on Dec. 26. It appears the iTunes sale has not popped up in the U.K. or Australian stores, but let us know in the comments if it does.


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Apple takes Samsung to court over patented smart cover for smartphones and tablets

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UPDATE [Wednesday, December 21, 2011 at 7:25am ET]: A Samsung spokesperson chimed in, providing us with the official statement, included at the end of this article.

After Samsung confirmed the addition of four more complaints to its German patent offensive (two are standard-related patents, the other two being utility patents) on Monday, Apple this morning fired back by extending its Australian patent complaint to include Samsung-made cases for Galaxy tablets and smartphones, according to Bloomberg.

Apple issued the notice of infringement to Samsung in Australia over the cases, and will file a statement of claim, Apple’s lawyer Stephen Burley said at a hearing in Sydney today. Samsung’s lawyer Katrina Howard said at the same hearing the company was served with the notice that the cases infringe at least 10 patents.

The two companies are embroiled in a complicated legal fight that already includes more than 30 lawsuits filed against each other across the globe. The exact nature of Apple’s patent infringement claim concerning smartphone and tablet cases is not known, but 9to5Mac can’t help but wonder whether it has something to do with this.


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Samsung markets Galaxy Tab as “the tablet Apple tried to stop”

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Last week Samsung got to breathe a sigh of relief as an Australian court ruled they didn’t “slavishly copy” the iPad with the Galaxy Tab 10.1, as Apple has been insisted from the onset in court documents. Yesterday, the South Korean company told the Sydney Morning Herald that the court cases have helped make their device a “household name” and today we are seeing the Galaxy Tab maker taking advantage of the media spotlight and the fact that it’s been in the headlines thanks to lawsuits and those cheesy commercials.

As tweeted by Martin Aungle, an Australian corporate and marketing communications professional, Samsung is now pitching its device as “the tablet Apple tried to stop”. The above advert ran in the Sun-Herald newspaper this week. Samsung has obviously decided to up the stakes in this game considering they resisted up until now mentioning Apple by name in their marketing communication. We’ll see, of course, whether publicly celebrating its courtroom victory at Apple’s expense will have any effect on sales.


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Samsung didn’t “slavishly copy” iPad, High Court rules and gives Galaxy Tab 10.1 a go-ahead in Australia

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Today is a bad day for Apple’s legal sharks. First Motorola Mobility scores a ruling in Germany which has paved the way for a Europe-wide injunction on sales of Apple’s iOS devices and now High Court in Australia denies Apple’s request to appeal against an earlier decision which overturned the ban on Galaxy Tab 10.1 sales in Australia.

Put simply, the country’s highest-level legal instance has ruled that no, Samsung’s tablet does not “slavishly copy” Apple’s iPad, as the Mac maker argues in court documents. The Federal Court honored Apple’s recent request that its injunction against the Samsung tablet remain in effect until today at 4pm in order to allow Apple time to prepare an appeal.

According to the Sydney Morning Herald, Tyler McGee, vice-president of telecommunications for Samsung Australia, said customers in Australia will be able to pick up the Galaxy Tab 10.1 tablet “towards the latter part of next week”. Also…


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Get watching: Apple finally brings TV show downloads to Apple TVs in Canada (Australia and UK too)

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While TV shows have been available through iTunes in Canada, the Apple TV has not been a source of TV show downloading. Now, Apple appears to have sent an over-the-air update to Apple TV boxes in Canada, and TV show downloading is now available. Episode downloads cost between free and $2.49 a pop and are actually full downloads, not rentals. Apple recently traded single TV show episode rentals for a TV show downloads service. Episodes you purchase will be streamed with no limit from the iCloud storage locker. More photos after the breakThanks, iH8Sn0w!

Update: We’re also starting to receive multiple tips from Australia and UK as well.

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Federal Judge lifts Samsung Galaxy Tab ban in Australia, Apple appeals

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A new twist in the Apple vs. Samsung legal proceedings spanning more than two dozen lawsuits across continents as the Federal Court in Australia lifted sales ban on Samsung’s Galaxy Tab tablet today. The court unanimously overturned a ruling last month from Justice Annabelle Bennett which required that Samsung’s Galaxy Tab 10.1 be banned from sale in Australia.

Sydney Morning Hearld quoted the ruling:

Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia.

Samsung’s Australian subsidiary says it is “pleased with today’s unanimous decision”. Reacting to the decision, Apple plans on appealing to the High Court. The Federal Court also honored Apple’s request that its injunction remain in effect until Friday at 4pm, to allow the company time to prepare an appeal. A full hearing on copycat accusations is set for March 2012, which could still result in a permanent injunction.

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