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Video: Apple lawyer Ted Olson on Apple/FBI: ‘There isn’t a middle ground’

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Bloomberg hosted a lengthy interview with Apple head lawyer Theodore Olson, to discuss the ongoing FBI vs Apple case in light of the congressional hearing from yesterday. Bloomberg’s Emily Chang quizzes Olson on various aspects of the case and although much of what is said is merely a repeat of what Tim Cook and other Apple representatives have said before, there are a few new tidbits. Olson says there isn’t a middle ground he can foresee between Apple’s staunch privacy position and the data collection wishes of the FBI. Olson was last quoted saying that if the FBI got their way, it would lead to an Orwellian society.

Watch the full fifteen-minute interview below …


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Judge dismisses lawsuit over iMessage bug that caused undelivered texts to Android switchers

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U.S. District Judge Lucy H. Koh today decided to stop a group lawsuit against Apple over undelivered text messages caused by an iMessage bug, Bloomberg reports. The issue drew a lot of attention last year when the bug with Apple’s messaging system caused former iPhone users that switched to Android to discover text messages were not being properly delivered to their phone number. In dismissing the lawsuit, Judge Koh explained that while Apple’s iMessage system may have resulted in lost text messages, their was inadequate evidence that the group faced a “contractual breach or interference” from iMessage…
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Apple granted final approval for $450 million ebooks settlement despite judge’s concerns

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Following preliminary approval it received in August, Apple has been granted the final court approval it needed in its $450 million ebook settlement, according to a Reuters report.

During a hearing in Manhattan, U.S. District Judge Denise Cote approved what she called an “unusual” accord. It calls for Apple to pay $400 million to as many as 23 million consumers if the company’s appeal of a ruling finding it liable for antitrust violations is unsuccessful.

U.S. District Judge Denise Cote previously expressed concern over the proposed settlement citing a clause in the agreement that she called “most troubling”, but today called the settlement agreement “within the range of those that may be approved as fair and reasonable.”
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Apple wants to ban past and future Samsung devices from being sold in the US

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Based on the most recent verdict in Apple v. Samsung, Apple is attempting to seek a permanent injunction against any Samsung device that infringes upon its patents.

While this includes the devices that were at the center of the latest court case, it also includes “software or code capable of implementing any Infringing Feature, and/or any feature not more than colorably different therefrom,” which could be construed to mean current and even future devices.


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Judge allows lawsuit by former Apple employee claiming Steve Jobs promised job security

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We’ve written about former Apple employee Wayne Goodrich before. Back in 2012 he launched a lawsuit against Apple claiming that co-founder Steve Jobs told him in 2005 he’d be guaranteed a job for life at the company. That was after being fired by Apple a year after Jobs’ death despite his guarantee of job security. Now, Goodrich, who was an executive producer of public presentations and with Apple for almost 20 years, has been given the go ahead for the lawsuit by a judge in Santa Clara (via BizJournals):
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Wow, Apple actually got Samsung’s Galaxy Tab 10.1 banned in Germany

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The verdict is in.  German consumers won’t soon be able to pick up a Samsung Galaxy Tab 10.1.

A Dusseldorf court today upheld the temporary sales ban it issued Aug. 9, rejecting Samsung’s bid to overturn it for the most part. The judges won’t ban sales in other European Union countries as Apple had sought, Presiding Judge Johanna Brueckner-Hofmann said when delivering the verdict.

The judge stopped at German borders instead of issuing a full EU wide ban but further rulings could see the ban spread.

“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible,” Brueckner-Hofmann said. “For the informed customer there remains the predominant overall impression that the device looks” like the design Apple has protected in Europe.

The ruling is a big victory for Apple and as the Verge puts it, “the decision could foreshadow the future of Samsung’s Galaxy Tab 7.7 and, honestly, any number of rectangular-shaped tablets in Germany as well.”

FOSSPatents mentions some other “oddities” which could play a role in the widening scope of the case:

 The Community design that the Düsseldorf Regional Court deems valid and infringed was also presented by Apple in its Dutch proceeding, but a judge in The Hague threw it out.

If the face of the Galaxy Tab is what is at issue, it isn’t Samsung that is at fault, it is Android.  Cross-posted at 9to5Google.


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Two men plead not guilty in iPhone 4 prototype case

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Not to be confused with yesterday’s story of an iPhone 5 prototype potentially being lost in the wild, today CNET reports that two men involved in last year’s high profile case of the lost iPhone 4 prototype purchased by Gizmodo have pled not guilty.

This comes after the court decided to not file charges against Gizmodo and instead file misdemeanours against the two men, Brian Hogan (pictured above) and Robert Sage Wallower, suspected of finding and selling the device.

Hogan, the man who allegedly obtained the prototype iPhone in a bar last year has plead not guiltily, along with Robert Sage Wallower, who is charged with possessing stolen property in the case, in front of Judge Jonathan Karesh this morning. Pretrial is slated for October 11.

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