Archive for 'Legal'

BBC’s Top Gear (it’s like The Engadget Show, but for cars) did not libel Tesla Motors when it reviewed the Tesla Roadster way back in 2008. Jeremy Clarkson’s review showed the super-EV conking out after 55 miles of driving (a quarter of its expected range), suffering brake failures and an engine overheat that Elon Musk’s company flatly denies ever happening. In the High Court, however, Mr Justice Tugendhat said that people could tell the difference between Clarkson’s torturous, heavy-footed “powerrrrrrrrr” driving that goes on at Dunsfold Aerodrome, and the staid manner in which people drive on motorways. Tesla still maintains that the review has damaged its image, which is why it’s also pursuing a claim for malicious falsehood, yet to be decided — and on that bombshell, here’s the original, legally non-libelous review for your enjoyment… goodnight!

Continue reading English Court: Top Gear didn’t libel Tesla

English Court: Top Gear didn’t libel Tesla originally appeared on Engadget on Fri, 21 Oct 2011 03:07:00 EDT. Please see our terms for use of feeds.

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Well, so much for that. Samsung’s Executive Vice President of Product Strategy — Won-Pyo Hong — didn’t say a whole heck of a lot on stage here at AsiaD, but he did clarify one thing near the end of his interview: he has ‘no idea’ where those earlier rumors came from. With “those rumors” regarding the matter of designing the Galaxy Nexus specifically to avoid patent troubles with Apple. According to Dr. Hong, the actual development of the Galaxy Nexus started with Google before the initial lawsuit hammer fell between the two outfits, making it impossible for the suits being flung back and forth today to have any impact on that decision.

We believe it. These phones are designed months — if not years — in advance, and the actual process from concept to shipping takes a relative eternity. Furthermore, the original source (linked in More Coverage) only tied the quotes from Sammy’s Shin Jong-kyun loosely to the Galaxy Nexus, and we’re guessing that Samsung takes a look at all potential legal implications before shipping any product. In other words, the company’s probably doing everything it can — including paying Microsoft for every single Android device sold — to avoid these nasty legal battles, but the Galaxy Nexus wasn’t engineered just to sidestep another fight with the lawyers in Cupertino. And now you know.

Samsung’s Won-Pyo Hong: Galaxy Nexus wasn’t designed just to skirt Apple patents originally appeared on Engadget on Thu, 20 Oct 2011 05:08:00 EDT. Please see our terms for use of feeds.

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HTC has since lodged some additional patent infringement complaints with the International Trade Commission, but an ITC judge has now ruled on HTC’s first complaint against Apple from back in May of 2010, finding no violation of the patents in question on the part of Apple. As FOSS Patents notes, however, the ruling hardly puts an end to the dispute between the two companies, and HTC certainly seems to be in it for the long haul. Its general counsel told CNET that “this is only one step of many in these legal proceedings,” and that, “we are confident we have a strong case for the ITC appeals process and are fully prepared to protect our intellectual property.”

ITC judge says Apple did not infringe on HTC’s patents in initial case, more rulings still to come originally appeared on Engadget on Mon, 17 Oct 2011 13:49:00 EDT. Please see our terms for use of feeds.

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Details are still scarce here, but the New York Times is reporting that Google is about to launch a new MP3 store, as part of its ongoing foray into the music business. According to sources within the industry, the platform, not surprisingly, would be directly linked to Google Music Beta and may launch within the next few weeks — perhaps even before Apple unveils iTunes Match, at the end of this month. It remains to be seen, however, whether Big G will be able to finalize negotiations with record labels and publishers before launching the initiative in earnest — a potentially major hurdle, considering Google’s recent track record. As you may recall, previous negotiations over a proposed locker-type storage service ultimately broke down earlier this year, amid concerns over licensing and illegal file-sharing. As one label executive told the Times, the recording industry desperately wants to “make sure the locker doesn’t become a bastion of piracy.” An MP3 store, of course, isn’t exactly a radical proposal, but its future will likely hinge upon Google’s ability to mend relations with a sector it recently characterized as “unreasonable and unsustainable.”

Google to launch MP3 store in coming weeks? originally appeared on Engadget on Fri, 14 Oct 2011 13:04:00 EDT. Please see our terms for use of feeds.

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Among the many battlegrounds in the legal spat between Samsung and Apple, the case filed down under has had some of the most action. Just over a week ago, Apple wanted nothing to do with Samsung’s attempt to settle the suit. Today, the crowd in Cupertino is glad that they rebuffed Sammy’s overtures, because the Federal Court in Australia granted Apple’s injunction barring the Galaxy Tab 10.1 from appearing in Aussie stores. That means that Sammy’s svelte slate will not be for sale (legally, anyway) in Australia unless it can convince the court that its tablet doesn’t infringe Apple’s patents at trial. You’ve won this battle, Apple, time will tell if you win the war.

Apple granted injunction against Samsung in Australia, no Galaxy Tab 10.1s allowed in the land of Oz originally appeared on Engadget on Wed, 12 Oct 2011 22:18:00 EDT. Please see our terms for use of feeds.

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Earlier this summer, a judge in The Netherlands ruled to ban sales of Samsung Galaxy S, S II and Ace smartphones, stating that the devices violated an Apple patent which deals with a “method of scrolling.” Well, nearly two months have passed, and Samsung is just now getting around to releasing “upgraded” versions of the affected devices, presumably implementing a non-infringing scroll tool. A Samsung spokesman told Reuters that the three phones will “shortly be available for sale,” neglecting to provide an exact release date — so we wouldn’t suggest lining up to get your Galaxy S II fix just yet. This small victory is only the latest in the Apple / Samsung lawsuit saga, which has created quite a stir in a handful of courts around the world. We have yet to hear about a solution to the Galaxy Tab 10.1 ban in Australia, for example, where fingers are being pointed in every direction.

Samsung modifies Galaxy smartphones to satisfy Dutch court, plans to resume sales soon originally appeared on Engadget on Wed, 12 Oct 2011 08:39:00 EDT. Please see our terms for use of feeds.

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Lots of us spend the summer by the pool, sipping Mai Tais and working on our tans, but Adam Duran had better things to do with his vacation. Instead of engaging in such lethargy, Duran attended the Army High Performance Computing Research Center’s summer course held at Stanford, where he and his mentors developed a Braille writer app for tablets. You see, the average 8-key Braille writer is a custom laptop that costs $6,000, so given the paltry pricing on today’s slates, this new solution is considerably more economical. Users place their fingertips on the display and the app populates keys underneath them, rendering tactile indicators of the keys’ location unnecessary. Plus, the virtual keyboard provides a custom fit for your phalanges no matter how big or small they may be. The project has some “technical and legal hurdles to address” before it’s made available to the masses, but here’s hoping they can clear them soon. Video of the app in action after the break.

Continue reading Student spends summer turning a tablet into a Braille writer, says mowing lawns is for chumps

Student spends summer turning a tablet into a Braille writer, says mowing lawns is for chumps originally appeared on Engadget on Mon, 10 Oct 2011 22:05:00 EDT. Please see our terms for use of feeds.

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The dizzying world of 4G speeds remains a distant prospect for Britons, with telecoms regulator Ofcom deciding to delay the auction for the next generation of mobile spectrum. It was looking to sell off two potent bands of wireless network by the end of this year, but those plans have been put on hold by some legal jostling and desk-banging from UK carriers, with the British equivalent of the FCC saying it received several “substantial and strongly argued responses.” The sell-off delay might not affect any launch dates for 4G (already being tested in rural parts of the UK), as the bands up for grabs still won’t be available until 2013. But eventually all of this to-ing and fro-ing will test even the Brits’ stoic patience.

UK 4G network auction delayed, spectrum sell-off pushed back to the end of 2012 originally appeared on Engadget on Mon, 10 Oct 2011 14:48:00 EDT. Please see our terms for use of feeds.

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Wondering what happened to that prototype 3G MacBook Pro Apple had pulled off eBay? Not too long ago, the boys in Cupertino reclaimed the specimen, along with a handful of spare parts the would-be auctioneer used to get the rig back into working order. After relinquishing of the prototype to Apple security in early September, previous owner Carl Frega petitioned the firm to return the repair parts to him. Last week, Frega finally received an unmarked FedEx package containing a notebook battery, hard drive, and two sticks of RAM. Despite the repossession, CNET reports that the outfit never gave Frega proof that the machine legally belonged to Apple, although he did say that the hardware and serial number were authentic. For more on the MacBook’s journey through Craigslist, small claims court and its 15 minutes of eBay fame, hit the second CNET link below.

Prototype MacBook Pro repair parts returned to owner, 3G antenna stays in Cook’s kitchen originally appeared on Engadget on Mon, 10 Oct 2011 09:22:00 EDT. Please see our terms for use of feeds.

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Nearly two years ago, a French court dismissed a lawsuit that Nintendo filed against a group of vendors accused of illegally selling DS flash carts. At the time, the game-maker argued that sales of the cartridges should be halted on the grounds that they could be used to illegally pirate software, but the presiding judge thought differently, countering that the R4-like devices could be used to develop homebrews or other DIY projects. Last week, however, the Paris Court of Appeals overturned the ruling, in a decision that Nintendo has met with understandable delight. In a statement released today, the company confirmed that Divineo SARL and five other flash cart retailers must pay a total of €460,000 in criminal fines, along with €4.8 million in damages to Nintendo, as ordered by the appeals court. Details behind the ruling remain vague, though Nintendo hailed it as a “strong message to French companies… that such activities are illegal and will not be tolerated,” and that convicted vendors will “risk prison terms, face substantial fines and obligations to pay damages.” Sail past the break to read Nintendo’s statement, in full.

Continue reading French court reverses DS flash cart ruling, Nintendo smiles

French court reverses DS flash cart ruling, Nintendo smiles originally appeared on Engadget on Tue, 04 Oct 2011 18:13:00 EDT. Please see our terms for use of feeds.

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