News Posts matching "Lawsuit"

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Opera Files Lawsuit Against Microsoft

Opera Software, best known for its free web browser, has filed an antitrust lawsuit against software giant Microsoft for abusing its dominant position by integrating its Internet Explorer web browser into Windows. Opera, which filed the lawsuit in the EU, is asking the European Commission to force Microsoft to unbundle Internet Explorer from Windows or include other browsers as standard. It is also claiming that Microsoft is not following accepted standards for Internet Explorer and is calling for it to adhere to them. Opera’s Deputy General Counsel, Jason Hoida, said:
Our complaint is necessary to get Microsoft to amend its practices. The European Court of First Instance confirmed in September that Microsoft has illegally tied Windows Media Player to Windows. We are simply asking the Commission to apply these same, clear principles to the Internet Explorer tie, a tie that has even more profound effects on consumers and innovation. We are confident that the Commission understands the significance of the Internet Explorer tie and will take the necessary actions to restore competition and consumer choice in the browser market.
Some people may remember that Microsoft was forced to sell a modified version of Windows XP which excluded Windows Media Player back in 2004 after complaints about that being integrated into Windows, which was a similar case to this.Source: PC World

Nigerian Firm Sues One Laptop Per Child Foundation

No doubt most techPowerUp! readers will have heard of the One Laptop Per Child project which aims to help developing companies by providing them with cheap (the aim is $100 eventually) laptops, primarily focused on education purposes. However, the project could face some trouble as a Nigerian firm, Lagos Analysis Corp., is now trying to sue the OLPC foundation for illegally reverse engineering the company's software drivers in order to make the keypad on the laptops more accent mark friendly to users. According to Lagos Analysis Corp., the ‘alt gr’ key on the laptop’s keyboard has the same functionality as the ‘shift2’ button on the firm’s own keyboard. The OLPC foundation has responded with the following comment:
One Laptop per Child, a non-profit educational organization, has hear that Lagos Analysis Corp. (LANCOR) has sued OLPC in Nigeria, but OLPC has not seen any legal papers related to the alleged suit at this time. OLPC has the utmost respect for the rights of intellectual property owners. To OLPC's knowledge, all of the intellectual property used in the XO Laptop is either owned by OLPC or properly licensed. Until we have a copy of the claim and have had time to review it, we will not be commenting further on the matter.
Source: Reg Hardware

Californian Gamer Starts Class-Action Lawsuit Against Microsoft over Halo 3 Errors

Microsoft and Bungie have received both good and bad press from Halo 3. On the one hand, they claim record sales and profits. On the other, a sizable portion of the disks were faulty anyways. Thanks to a trivial packaging mistake, most of the "Legendary edition" disks came loose and scratched themselves during shipping. Even when the Halo 3 disks arrived in one piece, there was a certain chance that the game would not even load correctly, which Microsoft was well aware of. This inability to load correctly causes Xbox360s to "crash, freeze or lock up". That's the case that Californian gamer Randy Nunez is making against Microsoft. His class-action lawsuit seeks $5 million USD, and claims that Microsoft should have recalled Halo 3 after they knew about the crashing, freezing, and locking-up that Halo 3 would cause. What could really win this case in favor of Nunez is the fact that quite a few gamers get disk read error messages in the middle of a Halo 3 battle.Source: Reg Hardware

'The Romantics' Band Sues Guitar Hero

It's no secret that to get many famous songs while avoiding ridiculous royalties (and to also avoid the inconvenience that half the artists included are dead anyways), the majority of Guitar Hero songs are "covers", or similar versions of the song performed by a completely different artist. 'The Romantics', a classic band that wrote such hits as "What I Like About You", recently picked up Guitar Hero 3. When they heard the rendition of one of their songs, and how it was "virtually indistinguishable" from the real version, they sued Activision. After all, nobody had asked The Romantics if they wanted their song included in Guitar Hero 3. The Romantics are seeking ridiculous amounts of money in compensation, and for Guitar Hero 3 to be pulled off the shelves.Source: Neoseeker

Former Employee of AMD Sues; Claims Unsafe Working Conditions Causes Birth Defects

While we frequently hear about Company X suing Company Y over some copyright infringement, rarely do we hear about a lawsuit that actually matters. Maria Ruiz, a former employee of AMD, worked at Fab 14 between 1988 and 2002. When she gave birth to her son, she was horrified to discover multiple birth defects. Now 16, her child (Ryan) was born missing his lower right arm, and suffers brain injury and lifelong cognitive deficits.

In the lawsuit, which was filed in the Travis County District Court in Texas, Maria Ruiz claims that she was frequently exposed to such toxic chemicals as ethylene glycol monethyl ether acetate and 2-ethoxyethyl acetate. Ruiz reported needing to receive prompt medical attention on at least two occasions, after unintentionally inhaling chemical fumes. Overall, the lawsuit claims that AMD "breached its safety warranty and neglected to provide employees with adequate protection against exposure to dangerous chemicals". The lawsuit also includes medical malpractice allegations against the clinic Maria Ruiz was treated at.

AMD had this to say about the lawsuit:
We take the health and safety of our employees very seriously. We have a long history of supporting independent research on health and safety in semiconductor manufacturing and are confident in our systems and procedures. Our thoughts go out to Ms. Ruiz and her family, but we do not believe there is any connection between Ms. Ruiz's employment with AMD and her son's medical conditions as alleged in this case.
Source: Reg Hardware

Microsoft's Appeal in European Antitrust Ruling Rejected

The rejection of Microsoft’s appeal to the European antitrust ruling against it means that there remains, at least in theory, a significant threat to Microsoft’s way of doing business: bundling new features and products into its dominant Windows operating system.

In the United States, the Bush administration chose to settle the Microsoft antitrust case without challenging the company’s freedom to put whatever it wants in its operating system. But in Europe, Microsoft’s bundling practice became a key element in the European Commission’s antitrust suit.

Apple & AT&T Face Class Action Lawsuit Over iPhone Batteries

The iPhone battery replacement policy is causing quite a lot of controversy. Some allege that it costs over $100USD to replace your iPhone's battery, including the cost of an iPhone rental while Apple replaces the battery on the iPhone you actually own. And so, it's only natural that consumers who feel they have been swindled start a class action lawsuit. Plaintiffs Zoltan Stiener and Ynez Stiener accuse Apple of breach of contract, fraud, and violations of California law for not telling users how expensive an iPhone replacement really is. This is the third time someone has tried to hit Apple with a class action lawsuit for the cited reasons, and Apple has settled in all the previous cases.Source: EnGadget

Court Approves Class Action Lawsuit of Microsoft over 'Vista Capable' Marketing

Back in February, when Vista was just starting to gain momentum in the PC world, people got a nasty surprise when installing Vista Home Premium or higher on a 'Vista Capable' PC (instead of a 'Vista Premium Ready' PC): if it installed at all, it ran as slow as molasses, and features that people paid for such as Aero and Windows Media Center did not work, due to higher system requirements. This misconstrued marketing angered consumers over time, and now Microsoft is facing a class action lawsuit. Microsoft asked for the case to be thrown out, but a Federal judge agreed to hear the case just last Tuesday. The trial is scheduled for October, but we should see Microsoft settling this case long before then.Source: Reg Hardware

Microsoft Sued by Pornographic Magazine 'Perfect 10'

When Google was sued by pornographers for letting anyone who typed in "porn" at the Google Image Search prompt peek at pay-per-view porn, the courts upheld Google's rights to do just that. Now, Perfect 10 recently accused Microsoft's MSN search engine finding and posting porno that was hosted by an illegal distributer of Perfect 10's porn. Perfect 10 also is also accusing Microsoft of letting people successfully find passwords to their pay-per-view materials using MSN search. Perfect 10 has tried to sue both Google and Amazon with similar cases, and both cases were thrown out. Perfect 10 is appealing the court's decision while waiting for the results of this suit.Source: The Inquirer

Acer Files Patent Infringement Counterclaim Against HP

Acer Inc said Friday that it has filed a counterclaim of patent infringement against Hewlett-Packard Development Co before the Eastern District of Texas Court in the United States. The latest counterclaim is part of Acer's response to HP's patent infringement suit against the company filed at the same court earlier this year, Acer said in a statement. Acer claimed that HP has infringed its patents on dual-frequency antenna and DVD-ROM head technologies.Source: The Inquirer

Blow To Music Industry's Fight Against File-Sharing

While subpoenas and ex parte discovery have worked well for the RIAA in its legal fight against suspected file-sharers, the music industry in Europe looks to be facing a tougher battle. Today, an advocate general for the European Court of Justice, the highest court in the EU, released an opinion saying that ISPs are not required to disclose information that could identify subscribers in civil copyright infringement cases. The court in most cases shall stick with the advocate general's opinion although there is a slim to none chance that they may not. The originsal case involved Promusicae, a Spanish music industry association a lot like RIAA, and Spanish ISP Telefonica.

Sony Sues the company that Made their infamous rootkit

Sony BMG is suing Amergence Group, the guys that made the infamous rootkit that went on all of their CD's. Sony is claiming that Amergence was negligent, and delivered software that didn't work. If Sony wins the lawsuit, they will get $12 million USD. Presumably, Sony is trying to get some of the money it lost in the original rootkit lawsuit ($7.5 million USD) back.Source: The Inquirer

Trucking company Sues Dell for not Paying transportation costs

Dell is getting sued by a trucking company. This is because, according to Con-Way Transportation Services, Dell is refusing to pay for the transportation of $42,497.26 worth of goods. Con-Way Transportation Services is suing in a Texas court, and is looking for payment of transportation (plus 1.5%/month interest), as well as compensation for the legal costs, such as lawyers.Source: The Inquirer

Toshiba sues DVD replicating firm EDD

It seems that every day, one company is suing another. Toshiba filed a complaint against DVD replicating firm EDD just a few days ago with a German Regional Court, claiming that the EDD had not properly licensed equipment with Toshiba or the DVD6C to run their business. Now, Toshiba has decided to sue, asking for EDD to cease and desist all sales of their services, and to give an unspecified amount of money to Toshiba as reparations.

DVD copying firm EDD has not responded to the lawsuit yet.Source: Reg Hardware

Nintendo Wins civil suit and $2.5 million USD against counterfeiters

While Microsoft has recently lost a huge sum of money to make their console work, Nintendo has won a humble sum of money from a court case in Uruguay. Back in 2001, the international version of the FBI busted into a warehouse in Montevideo, Uruguay full of counterfeit Nintendo products. The goods were seized, and the mastermind was captured. The mastermind was charged by the government, and sued by Nintendo. While the mastermind somehow did get an executive pardon, he did not escape Nintendo's lawyers. Nintendo has sought and won $2.5 million USD from the mastermind, as compensation for the counterfeiting.

Nintendo had this to say on this case, and piracy of their consoles in general:
This action exemplifies Nintendo's commitment to combat the international problem of product piracy. These types of illegal operations simply will not be tolerated and Nintendo will do everything in its power to protect its business and its customers.
Source: 1Up

NVIDIA threatens NGOHQ over ForceWare Distribution

It seems that NVIDIA is upset that the folks over at are distributing their ForceWare drivers with modified install scripts. NVIDIA is threatening legal action towards the site and its owners if they do not comply with their demands.

Of particular note is AMD/ATI's stance on modifying install scripts for their Catalyst package:

"Feel free to distribute and endorse Catalyst software. Just please let your users know that if they use modified drivers we aren't able to support them properly. Keep up the good work in the community." -AMD/ATI

Microsoft, Dell, and Gateway Sued over video encoding patents

In a figurative triple play, the Delaware Multimedia Patent Trust (MPT) is suing three technology giants for large sums of money. They are claiming that they own patents to Lucent technologies, and the right to sue for past infringements. The MPT is suing over patents regarding an "adaptive non-linear quantizer", "optimized scanning of transform coefficients in video coding", and "video coding with optimized low complexity variable length codes". The MPT wants a lot of money to cover damages, costs, and expenses.Source: The Inquirer

Apple Sued for $20 million; lawsuit Demands Mac OS X 10.4 Tiger sales ban

Anyone who thought that the new Windows Vista search features were based off of Mac Spotlight will be interested to hear that someone is suing Apple for ripping off their technology. That someone is a small-town company called IP Innovation. IP Innovation, the plaintiff, is alleging that the widespread use of tabs in OS X Tiger is infringing on a patent they've had since 1987. If the lawsuit somehow succeeds, Apple will have to throw $20 million USD at IP Innovation, and then take Mac OS X 10.4 Tiger off the shelves. Apple has no comment on the situation at this time.Source: The Inquirer

Toshiba Suing 17 companies for Patent Infringement

Toshiba is attempting to sue 17 companies, mostly Hong Kong and China based, due to alleged infringement regarding some of Toshiba’s DVD patents. The company is demanding monetary damages from companies including Daewoo Electronics America, Dongguan GVG and Star Light Electronics claiming that they are illegally selling DVD products in the USA because they do not have any licensing agreements with Toshiba. "The infringement of Toshiba's patents by these companies has damaged Toshiba's DVD-related business, and also caused damage to the legitimate and licensed DVD product manufacturing and distribution and business as a whole," Tokyo-based Toshiba said in a statement. No comments have been made by the companies mentioned above, but Toshiba has also filed a complaint to the US International Trade Commission demanding that the 17 companies accused stop importing their products to the US.Source:

Woman sues Microsoft over marketing strategy

If you trust the prosecution, Microsoft is guilty of labeling computers as "Windows Vista Capable" when they really can only run the basic edition of Windows Vista. While this sounds like an absolutely ridiculous reason to sue Microsoft, it is a very legitimate case. Microsoft labels almost all new computers as "Windows Vista Capable", which makes users think they are buying all the cool stuff that's advertised in the "Windows Vista Experience", such as Aero. In truth, users can only run the basic edition of Windows Vista, which comes with no such luxuries. The defense (aka Microsoft) claims that this is really not the case, and that "Windows Vista Premium Certified" is just one way to prove that Microsoft "conducted a very broad and unprecedented effort" to educate everyone on the latest version of Windows.Source: The Inquirer

Mozilla Foundation Sues Microsoft - 1.4 Billion US $ Fine

A news post at Heise online caught my attention earlier today. Linked below is a picture out of the first tab patent (patent # 1,435,664) from 1922. Over 70 years Later this patent merged into a patent (# 5,160,296) owned by the father of an opera developer which was the first web browser utilizing tabbed browsing. The developer later on switched to the Mozilla team and so they were allowed to implement tabbed browsing. As Microsoft introduced the internet explorer 7 it was time for the Mozilla foundation to strike back.

Source: heise news

Midway accused of plagiarism by screenwriter, sued for 1.5 million USD

Anyone remember Psi-Ops: The Mindgate Conspiracy? If not, it was a promising game with good reviews that didn't exactly do too well in the retail market. It seemed to be all but forgotten, until a screenwriter noticed strange similarities between his work (titled Psi-ops) and the previously mentioned game. Accusing Midway of plagiarism, the man is suing for $1.5 million USD. Midway has not commented on this situation.Source: 1Up

Viacom sues YouTube for $1 billion dollars USD

Some people claimed it was bound to happen. Some people hoped it never would. Pirates didn't care one way or another, and continued uploading illegally-obtained clips to YouTube. There have been tons of rumors regarding YouTube getting sued, and Viacom can proudly claim that they are the first company to actually do it. Viacom was unable to reach a licensing agreement with YouTube, and ordered their clips off YouTube. YouTube attempted to comply, but piracy appeared to prevail. The lawsuit details 160,000 clips still on the site, and wants $1 billion USD in damages. Viacom claims that YouTube's business model, which is "based on building traffic and selling advertising off of unlicensed content, is clearly illegal and is in obvious conflict with copyright laws". YouTube claims that they have done everything in their power to remove Viacom's content from their website, and is almost certain the courts will agree.Source: MSN Money

Woman sues Yahoo for using her picture without permission

A former model who now lives in Ohio recently signed up for a Yahoo Email account. This doesn't sound like anything special, however, it became very special the moment Yahoo sent the lady her first Email. She got an email full of tips on how to use the Yahoo account...with her picture on top. She is now suing Yahoo for $20 million USD. She is demanding $10 million for lost profits, and another $10 million to cover attorney fees and the like. The official complaint claims "that the image has been sent to millions of users around the world without Stovall's authorization, violating her right to privacy and right to publicity--that is, to control the commercial use of her identity".Source: CNET

Another Alcatel-Lucent vs. Microsoft lawsuit dismissed

Seattle- A US federal judge dismissed a lawsuit against Microsoft by Alcatel-Lucent, alleging that Microsoft infringed on Alcatel-Lucent's patents on speech to text technology.

This ruling comes one week after a jury awarded Alcatel-Lucent $1.52 billion in a seperate lawsuit, the largest ever in a US patent case. Microsoft plans to appeal that ruling.Source: CNN
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