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.
, appeals court
Well, look at Ma Bell now, wishing it’d all just go away. Tied up in lawsuits, the company has filed motions to dismiss the two complaints brought by Sprint and C Spire Wireless (formerly Cellular South), which seek to block AT&T’s acquisition of T-Mobile. In the filings, it’s argued that the two providers represent their own interests, rather than that of the public. AT&T further reveals that C Spire had pursued private negotiations prior to the lawsuit, where the regional provider agreed to support the merger “if AT&T would agree not to engage in facilities-based competition in Mississippi.” Ma Bell goes on to state, “This inappropriate proposal confirms that what Cellular South fears is competition, not lack of competition.” Given the latest maneuver (which smacks heavily of PR spin), there’s no doubt that lawyers for Sprint and C Spire will have a bit of homework for the weekend.
AT&T asks court to dismiss lawsuits filed by Sprint and C Spire Wireless originally appeared on Engadget on Fri, 30 Sep 2011 20:22:00 EDT. Please see our terms for use of feeds.
We told you it was only a matter of time and, honestly, it took a bit longer than expected. Verizon has officially filed an appeal to the FCC’s net neutrality rules, which are set to take effect on Novemeber 20th. It wasn’t until the regulations were published in the Federal Register on September 23rd that they became fair game for legal challenges — a technicality that resulted in Verizon’s previous attempt to block the rules being tossed out by the US Court of Appeals in April. While Verizon senior vice president and deputy general counsel, Michael E. Glover, assures netizens that the company is “fully committed to an open Internet,” it none-the-less takes issue with the FCC’s attempt to institute new “broad” and “sweeping” regulations on the telecommunications industry. We’re sure this is only the first of several cases that will be brought before the courts challenging the commission’s authority. Stayed tuned to see if and when MetroPCS re-enters the fray, and to find out the ultimate fate of net neutrality here in the US. Check out the brief statement from Verizon after the break.
Continue reading Verizon appeals net neutrality rules, let the legal wrangling begin
Verizon appeals net neutrality rules, let the legal wrangling begin originally appeared on Engadget on Fri, 30 Sep 2011 17:08:00 EDT. Please see our terms for use of feeds.
, law suit
, net neutrality
, open internet
We’re sure Psystar, its lawyers and its tens of fans, didn’t really expect to win the appeal it filed following the permanent injunction handed down against its commercial hackintoshes, but you can’t blame the company for trying. A little over three years after the drama began, with Apple suing to ban the Psystar’s products, it seems the epic tale has come to an end. The company hasn’t really been in business since December of ’09 anyway, so today’s ruling upholding the injunction won’t make much of a difference either way. We’re just sad that this may, in fact, be the last time we ever hear from Eugene Action — let’s take a moment to reminisce, shall we?
Continue reading Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver
Psystar loses appeal in battle with Apple, told to ditch Mac clones for-ev-ver originally appeared on Engadget on Thu, 29 Sep 2011 18:11:00 EDT. Please see our terms for use of feeds.
Microsoft put on its nicest suit when it invited Samsung to the patent-licensing barn dance
. Whatever it whispered as the two snuggled close during the slow jams about rescuing the Korean giant from the quagmire of Android litigation
, it worked. Sammy has entered into a deal to license Redmond’s vast patent archive and, if the rumors are to be believed, it will pay $15 per handset sold for the privilege. (No word on if that includes the $45 million in fees that would just cover sales of the Galaxy S II.
) This seems like it could be an implicit vote of no-confidence concerning Google’s
promises that its acquisition of Motorola
would make courtroom drama a thing of the past. There’s also a strong reference to the pair collaborating on Mango
, and we can only assume that it comes with a significantly less punitive licensing charge in place. Between Android
, Windows Phone
, it’s clear Samsung is hedging its operating system bets. There’s a press release after the break, but take our word on it, at no point does it mention Steve Ballmer, lying naked on a bed of money, laughing to himself.
Continue reading Microsoft and Samsung sitting in a tree, patent s-h-a-r-i-n-g
Microsoft and Samsung sitting in a tree, patent s-h-a-r-i-n-g originally appeared on Engadget on Wed, 28 Sep 2011 11:04:00 EDT. Please see our terms for use of feeds.
It’s far too early to be writing it off, of course, but AT&T’s proposed acquisition of T-Mobile is facing some fairly significant hurdles that could throw a big wrench in the companies’ plans — not the least of which is a lawsuit from the US Department of Justice. Now, according to Blooomberg, AT&T is proactively talking to a number of smaller rivals about selling some of its assets (namely, “spectrum and subscribers”) in an effort to save the deal. While talks are described as “preliminary,” AT&T has reportedly already reached out MetroPCS, Leap Wireless, Dish Network, CenturyLink and even Sprint, although Bloomberg notes that any such sell-off may still not be enough to please the DOJ. As you might expect, all of those companies are remaining mum on the matter.
AT&T reportedly talking to rivals about asset sales in effort to save T-Mobile deal originally appeared on Engadget on Mon, 19 Sep 2011 14:41:00 EDT. Please see our terms for use of feeds.
Man. Exciting stuff, here. Stuff like lawyers yelling at each other in varied continents because “your stuff looks too much like my theoretical stuff.” The long, winding and increasingly mind-numbing battle between Samsung and Apple has taken yet another turn in Australia, with the former slapping the latter with a bold countersuit. According to The Wall Street Journal, Sammy feels that the iPhone and iPad 2 both “violate a number of wireless technology patents held by Samsung.” Spokesman Nam Ki-yung stated the following: “To defend our intellectual property, Samsung filed a cross claim for Apple’s violation of Samsung’s wireless technology patents.” The suit is being filed just days / weeks before a ruling will decide on whether the Galaxy Tab 10.1 can be legally sold Down Under, and in related news, Samsung is also appealing a recent ruling back in Germany. If ever the world needed an out-of-court settlement…
Samsung countersues Apple in Australia, claims iPhone / iPad 2 violate its patents originally appeared on Engadget on Sun, 18 Sep 2011 13:54:00 EDT. Please see our terms for use of feeds.
, intellectural property
Hmmm, wonder what brought this on? Sony’s gone and changed the lingo in its PSN user agreement to require binding arbitration to settle any future disputes — making it much harder for disgruntled customers to get their day in court. Want to keep your right to sue? You can opt out of the arbitration requirement by sending a letter to Sony’s lawyers saying you’ll be keeping your courtroom entry card, thank you very much. Additionally, the change won’t affect class-action litigation started by August 20th of this year. That means people whose privacy was compromised in the great PSN outage of 2011 that already filed suit needn’t be concerned. For the rest of you, we’d advise breaking out the pen and paper ASAP if you wanna keep the halls of justice open for future complaints.
New PSN user agreement makes it harder to sue Sony: class actions out (sort of), arbitrations in originally appeared on Engadget on Fri, 16 Sep 2011 19:16:00 EDT. Please see our terms for use of feeds.
iCloud Communications seemed mighty confident back in June, when it filed a lawsuit
against Apple over the name of Cupertino’s online storage service. But the Arizona-based company has now dropped the suit altogether, opting to change its own name, instead. On Thursday, the VoIP provider filed a notice of voluntary dismissal with a US District Court, effectively bringing an end to litigation. CNET
is also reporting that the company appears to have changed its name to Clear Digital Communications — a firm that, according to its Facebook page, is located at iCloud’s exact same Phoenix address. A wall post from last month, moreover, reads, “iCloud is now Clear Digital Communications,” while iCloud’s site, Geticloud.com, now displays a message confirming that “this website is coming soon.” Neither Apple nor the ostensibly erstwhile iCloud have commented on the development, but it certainly looks like the clouds of controversy have cleared away.
iCloud Communications drops lawsuit against Apple, decides to change name instead originally appeared on Engadget on Wed, 07 Sep 2011 12:41:00 EDT. Please see our terms for use of feeds.
, icloud communications
Looks like the US government isn’t the only party looking to stand in the way of AT&T’s proposed acquisition of T-Mobile. Sprint today announced that it has filed suit in federal court in the District of Columbia against AT&T, Deutsche Telekom and T-Mobile. The filing outlines the carrier’s concern that the proposed deal would harm consumers, corporate customers and carriers (such as, you know, Sprint), while transforming AT&T-Mobile and Verizon into a “duopoly.” Of course, this isn’t the first time the carrier has let the world know that it’s not particularly pumped about the whole proposal. See the full litigious press release after the break.
Continue reading Sprint files suit to stop AT&T / T-Mobile merger
Sprint files suit to stop AT&T / T-Mobile merger originally appeared on Engadget on Tue, 06 Sep 2011 13:05:00 EDT. Please see our terms for use of feeds.
, harm consumers