Tatum and Denim blog

Filed under: Cellphones

Apple and its batteries just can’t seem to catch a break, eh? This go ’round, Sydney Leung has filed a class-action complaint that reportedly accuses “both Apple and AT&T of fraud in neglecting to inform potential iPhone buyers of the costs involved in maintaining a working battery for the iPhone over the course of the handset’s lifespan.” The angered individual and his legal team are purporting that the iPhone’s battery “lasts only 300 complete charges before depleting entirely,” and also argue that Apple and AT&T didn’t address this issue until after customers had made their purchase. Of course, Apple specs show that the battery in question is designed to hold a full charge for between 300 and 400 cycles, while still holding a majority of that charge afterwards, so unless Mr. Leung’s (and a few others, too) battery mysteriously conked out after that oh-so-critical 300th charge, we’re failing to see what ground he’s standing on.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Cellphones

In the case that simply seems to never end, Nokia and Qualcomm are at each other’s throats yet again, and yes, it’s still over those darned GSM / WCDMA and CDMA2000 chipsets. The latest development involves Nokia asking the US International Trade Commission to “bar the import of some Qualcomm chipsets to the United States, alleging that they are infringing five Nokia patents.” Of note, it was stated that the ongoing battle is “worrying investors and the industry on both sides of the Atlantic,” but at this point, we think the two are just collaborating to create the longest running, most uninteresting legal hissy fit in history.

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Filed under: HDTV, Home Entertainment

The seesaw match between DirecTV and Time Warner (parent company of AOL, which owns Engadget) over those blasted “superior HD” spots has reached another milestone, as a US appeals court has “upheld a lower court’s decision that prohibits the satellite television operator from airing advertisements that claim superior service in markets where Time Warner Cable operates.” Notably, the Court of Appeals for the Second Circuit did, however, “set aside part of the lower court’s order, saying the way it had been worded could be construed to prohibit the unfavorable comparison of even Time Warner Cable’s analog programming.” Ah well, it’s not like those ads were exceedingly enthralling to begin with, right?

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Filed under: Cellphones, Wireless

Talk about tough luck. For the second time in as many month’s, Qualcomm has been flat out denied by the courts as it has attempted to stall a ban on its chips over the Broadcom patent disputes. This time around, the Court of Appeals for the Federal Circuit “dismissed Qualcomm’s request for a stay of the ban, saying that it can’t consider a stay until a presidential review period is over.” Furthermore, this harsh news (for Qualcomm, at least) comes just days after being evaded by Verizon, and if that wasn’t enough, the EU’s stamp of approval on DVB-H could put MediaFlo in a world of hurt. Hang in there Qualcomm, all’s not lost… yet.

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Filed under: GPS, Transportation

For all the tracking equipment that Mercedes-Benz crams in its motorcars, it’s apparently mighty tough to get the company to tap into any of it if you’re not the owner. Reportedly, the automaker has “refused to comply with a court order to activate a car’s GPS” after authorities tried in vain to track down a hit-and-run suspect the easy way. Police were able to pinpoint the owner of a 2003 S430 as a “prime suspect” for striking and killing a 24-year old jaywalker in California, and while chasing him down the old fashioned way would seem a good bit more entertaining, Glendale police were looking M-B’s way for a shortcut. Apparently, no comment has come from the firm, even as those involved with the case have continued to fume over the lack of assistance, and while we’d assume Mercedes-Benz is just looking out for the privacy of its customers, hasn’t GPS tracking (much less the court ordered variety) been deemed legal anyway?

[Via GPSTrackingSystems]

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Filed under: Portable Audio

In the unceasing feud between the RIAA and satellite radio, the agency has rekindled the fire by encouraging the FCC to “require the merged companies to pay higher royalty rates to the record industry.” Reportedly, the RIAA argued that the firms were “no longer new, struggling companies that could get away with paying below-market rates,” and further salted the wound by insisting that the FCC “make clear that its approval of a merger was conditioned upon the continued protection of sound recordings from unlawful infringement.” Of course, a number of senators have already voiced their concern for more limitations on satellite radio streams, but unsurprisingly, it seems like the RIAA wants these lofty wishes to become reality (and in a hurry).

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Filed under: Desktops, Laptops

While it’d be easy for Judge Colleen Kollar-Kotelly’s deferment to be an end-all solution to the recent Google vs. Microsoft spat, we’re inclined to believe that Google hasn’t had its last word just yet. As it stands, the judge in charge has reportedly said that “she will likely defer to an agreement on desktop search forged between Microsoft and the plaintiffs in the US government’s antitrust lawsuit against the software vendor instead of responding to a complaint from rival Google,” and further explained that she didn’t consider Google to “be a party in this case.” Unfortunately, that’s about all we’ve heard at the moment– but stay tuned, this one’s bound to go a few more rounds before the dust settles.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Cellphones, Wireless

If you’ve been a bit disappointed by Nokia’s offerings of late, it’s probably because the firm is shifting out of the cellphone industry and into the legal environment. Okay, so maybe it hasn’t called it quits in the handset game just yet, but this ongoing battle with Qualcomm is beyond ridiculous. Before Qualcomm even had time to swallow the previous counter-suit filed against it, Nokia is firing away again, and this time it’s claiming that its opponent “has illegally used six of its technology patents in its Brew smartphone and MediaFlo mobile TV chipset products.” Additionally, Nokia’s CTO got vocal by stating that this case was just “another example where Qualcomm has effectively copied Nokia’s innovations.” While we’re sure it’s getting difficult to decipher which counter-lawsuit belongs to which original grievance, this particular one apparently links to an April 2nd filing where Qualcomm “claimed that Nokia had infringed three patents.” C’mon folks, why not settle this like they do in the Alabama State Senate? [Warning: Read link requires subscription]

[Via Yahoo]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops

“Me against the world” has taken on a whole new meaning for high school dropout Dennis Sheehan, who has taken Gateway to small claims court in a completely bizarre catch 22-laden case. Apparently, the now 46-year old Sheehan took his stubbornness out on the corporation who sent him a computer that “displayed scattered graphics” fresh out of the box. After the company purportedly refused to remedy the issue, the two have ended up in court where Gateway claimed that clicking through the EULA upon bootup eliminated his right to even sue; au contraire, claimed Sheehan, who explained that the malfunctioning PC wasn’t even able to render the text and allow him the opportunity to read it. Interestingly enough, a tentative ruling on May 24th sided with the plantiff and maintained that the case would stay in small claims court, but it looks like finality is still a good ways off for the perturbed ex-customer.

[Thanks, Mike]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops, Gaming, Laptops

Those price fixing allegations that AMD and NVIDIA were facing late last year may have vanished from the forefront of your memory, but you can rest assured that the legal teams connected to the two are still workin’ overtime to clean things up. Apparently, NVIDIA has been slapped with as many as 51 civil complaints over “price fixing and anti-competitive agreements, among other things,” and on its March 16th filing with the SEC, the firm states that “42 civil complaints as of March 14 were filed against it on the same allegations.” Notably, the outfit did state that the “lawsuits are putative class-actions,” and unsurprisingly felt that they were all lacking merit and would be fought vigorously. Tsk, Tsk.

[Via Gearlog]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Wireless

Looks like the pockets of Qualcomm are going to be about $19.6 million lighter real soon, as a federal jury in Santa Ana, California returned verdicts that found “certain Qualcomm products” infringing on three patents owned by Broadcom Corporation. The lawsuit was originally filed way back in May of 2005 and alleged that five of its patents had been violated, but during the course of the trials, Broadcom ditched one of the claims while the court stayed the case with respect to a second. Notably, none of the patents that were infringed upon were “developed specifically in connection with cellular technology or standards,” but the seemingly willful wrongdoing will indeed cost Qualcomm just shy of $20 million — that is, until a trial judge mulls this thing over and determines if the firm should face any additional financial punishment “based on the finding of willfulness.”

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: HDTV, Home Entertainment

As if Sony’s legal team hasn’t dealt with enough this year already, they’re getting dialed up yet again for alleged patent infringement, and this time the California-based Target Technology Company is the one pointing the finger. Apparently, the firm is suing several segments of Sony for “deliberately and willfully” infringing on a patent that Target was granted in 2006. The plaintiff claims that products “marketed under the Blu-ray name infringed on a patent for reflective layer materials in optical discs,” and more explicitly, “specific types of silver-based alloys with the advantages (but not the price) of gold.” The suit was actually filed as an “intellectual property” matter rather than one of chemical imbalances, and while Target Technology is purportedly seeking a “permanent injunction preventing Sony from violating its patent rights in the future, as well as damages with interest,” we won’t be surprised if a sizable check from Sony’s wallet makes this all disappear.

[Via GameSpot, thanks Evan]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

You’re probably familiar with the old adage that getting sued just isn’t satisfying enough until you take someone else to court over the exact thing that you’re being accused of, but even if you’re not, DirecTV’s here to refresh your memory. The satellite TV provider has apparently scrunched up its nose at a recent promotional advertising campaign in which Comcast claims that two-thirds of satellite customers felt “Comcast delivered a better HD image” when compared to DirecTV and Dish Network alternatives. Not believing that we oh-so-capable humans might be able to actually perceive the difference when an HD feed is somewhat crippled, DirecTV decided that the results mustn’t be correct, and suggested that the “survey upon which Comcast relies does not provide or sufficiently substantiate the propositions for which Comcast cites the survey,” and concludes by boldly proclaiming that all of the claims “are literally false.” Of course, Comcast is standing strong behind its results for the time being, and while either party could most certainly have a case against the other, why are we using cash for HD channel expansion to pay legal teams?

[Via TGDaily]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops, Laptops, Media PCs

Aw snap. Just when you thought the Microsoft / open-source relationship was getting bad, it’s now getting even worse, as yet another turn has been taken in the on-again, off-again love affair between the two. Soon after Microsoft’s General Counsel claimed that free and open-source software (FOSS) — a bundle of which related to Linux — violated precisely 235 of its patents, Linus Torvalds decided to fire back on behalf of the little guy. In an interview with InformationWeek, Mr. Torvalds retorted by suggesting that it is actually “a lot more likely that Microsoft violates patents than Linux does,” and even noted that if “the source code for Windows could be subjected to the same critical review that Linux has been, Microsoft would find itself in violation of patents held by other companies.” Of course, he backed his statements by stating that the “fundamental stuff was done about half a century ago and has long, long since lost any patent protection,” and closed things up by insinuating that Redmond should put its cards on the table so that Linux users prove ‘em wrong, or better yet, “code around whatever silly things they claim.” As if you couldn’t tell, them’s fightin’ words, folks.

[Via IDM, image courtesy of TACTechnology]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Storage

While we’ve seen the swoosh used on questionably licensed apparel before, we’re fairly certain that a one-off Japanese e-tailer isn’t selling a svelte Nike USB flash drive before the company itself with due permissions in place. Nevertheless, users can (well, for the time being, at least) pick the 1GB training shoe USB drive for their Mac or PC, and while it doubles as a keychain or hangs on tight to your Kensington lock port, the real utility is stored beneath the toe. Admittedly, it doesn’t look half bad (click through for more proof), but we’d recommend plopping down your ¥2,480 ($20) real quick like before the legal teams return on Monday.

[Via EverythingUSB]

Continue reading 1GB Nike shoe USB flash drive disregards trademark

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops

New York Attorney General Andrew Cuomo has filed a lawsuit against Dell, accusing the company of false advertising, failure to honor rebates and warranties, and several other fraudulent acts (including the specific, legally defined crime of “fraud” in New York). Dell is quite unsurprisingly contesting the suit, saying that “we are confident that our practices will be found to be fair and appropriate,” and that the number of customers named in the Attorney General’s filing “are based upon a small fraction of Dell’s consumer transactions.” Dell spokesman Bob Pearson makes sure to say that “even one dissatisfied customer is too many,” which sorta makes his earlier statement about the number of affected customers being small meaningless: especially since if the claimants are successful, this’ll make at least two dissatisfied Dell customers. As one of America’s largest corporations, Dell has been the subject of many lawsuits, although not all are filed by Attorneys General. That said, Pearson has made certain that this recent suit is not related to the Security and Exchange Commission’s ongoing investigations into Dell’s accounting practices. Well, that’s a relief then.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops

You may have thought that you saw last of Alexander Ponosov when Russian courts dropped those piracy charges against the headmaster / schoolteacher accused of purchasing PCs pre-loaded with illegal copies of Windows, but in a rather unexpected turn of events, a new trial partially initiated by the accused himself has resulted in a guilty verdict and 5,000 rouble ($194) fine. You’ll recall that Ponosov claimed to be unaware that the sub-contractor-provided machines ran pirated software when he bought them — a fact that prompted Mikael Gorbachev to unsuccessfully seek Bill Gates’ intervention on the defendant’s behalf — and was so outraged at the charges that he joined prosecutors in filing an appeal after the case was dropped, in order to have his innocence put on record. Well that may not have been the best idea, with the court charging Ponosov (who plans to appeal) the equivalent of half-a-month’s salary for what it said was a 266,000 rouble loss incurred by Microsoft — which made sure to note that its “interest is not in prosecuting schools or teachers, it is in helping students develop the technology skills they need in the 21st century.” Redmond’s response to the verdict went on to clarify that “Mr. Ponosov’s case was initiated by Russian authorities under Russian law. Microsoft neither initiated nor has any plans to bring any action against Mr. Ponosov.” Well played, guys: make the Russians look like the bad guys here, even though it seems that the only people in the whole country who even cared about prosecuting this guy were a few activists hoping to get in good with the World Trade Organization.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Misc. Gadgets

For those dwelling in England who enjoy a touch of privacy in their day to day lives, help could be on the way. Amidst the smattering of new surveillance methods being installed and implemented within the nation’s border comes a second inquiry into the “constitutional implications” of such invasive measures. If you’ll recall, the Commons’ Home Affairs committee has already planned its own review, and now the UK’s Constitution Committee will be “conducting an inquiry on the consequences of the collection and use of surveillance and personal data by the State.” Basically, the group is trying to visualize just how damaging all these CCTV installations, car trackers, and behavior monitors are on the “relationship between individuals and institutions.” Another aspect will be to scrutinize whether UK citizens need additional protection under the law from such voyeuristic tactics, and judging solely by the sheer multitude of surveying going on over there, we couldn’t complain with a little extra shielding. [Warning: Word Document read link]

[Via El Reg]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Misc. Gadgets

By a fairly wide 420-3 margin, the House of Representatives gave a nearly unanimous thumbs-up to the Genetic Information Nondiscrimination Act, which would “prohibit employers from using genetic information or test results when making employment and health benefits decisions” if it gets a similar nod of approval from the Senate. Fortunately for supporters, the Senate has been known to look fondly upon similar legislation in the past, and if the bill becomes law, health insurers couldn’t use “genetic information to set premiums,” nor could they require customers to submit genetic tests. Essentially, this could ensure that any future human mutation hacks you inflict on yourself, or more frightening, any robotic humanoid whose genes would find it out, will be safe from scrutiny come interview time. It’s about time to order up that oh-so-keen intelligent carpet, right, hiring managers?

[Via Wired]

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Displays, HDTV

Just when Hitachi had us all believing that it was planning on reaching new heights in the plasma market thanks to a ginormous PDP set and a thirsty overseas crowd, now we’re seeing the fallback plan. Of course, we can’t really suggest that Hitachi’s latest lawsuit on LG’s (surprise, surprise) plasma displays have anything to do with the firm’s dreary numbers, but it has nevertheless filed a lawsuit in the ill famed “district court in Texas” (read: patent troll heaven) saying that “the South Korean company infringed its plasma display-related patents.” The suit seeks the obligatory “monetary compensation for damages,” but more interesting is the tidbit that requests a “permanent injunction prohibiting LG’s plasma display panel product sales in the United States.” According to a Hitachi spokesperson, the two outfits had “been in talks regarding the appropriate licenses for these seven patents,” but apparently, neither side is backing down anytime soon.

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Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Desktops, Laptops

Sure, it’s easy (and sadistically enjoyable) to bust on Best Buy, especially when it considers frugal shoppers “devils” and shoos away loyal customers holding down the fort for a PS3, but the latest knock against the retailer will be even tougher to shake. While it’s no surprise that BB cashiers aren’t the easiest to deal with when bringing back demolished goods, a pair of sisters also realized major holes in the company’s personality screening process over at Geek Squad. Reportedly, a hired technician actually set up a cameraphone to record one of the siblings whilst she was taking a shower, but obviously wasn’t sly enough to hide the “blinking red record light” from view. Subsequently, the violated duo supposedly ganked the internal flash card, made haste for a Verizon store to confirm the contents, and of course, phoned up the boys in blue to come take care of business. Needless to say, the shady criminal is now facing “two counts of invasion of privacy and one count of child molestation,” but apparently it’s still not a crime to charge clueless customers outrageous rates to tackle the simplest of tasks. Sheesh, where’s the justice?

[Via Digg]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Portable Audio

You’d think that by now, all these high-falutin’ execs would have figured out that illegally manipulating one’s stock price probably isn’t the best approach to garner public attention, but now we’ve got yet another company under scrutiny for insider trading allegations. Inventec, who plays a major role in the manufacturing of Apple’s iPod, was raided yesterday as Banciao prosecutors began “looking for evidence to support charges of alleged insider trading.” Apparently, officials have “reliable information that upper management manipulated the company’s stock price,” and after the initial sweep was completed, a whopping 22 individuals were captured for questioning. Of course, spokespersons for the firm are adamant that the probe won’t effect operations, but considering that a faithful janitor could be running the supply chain in the interim, you never know what mayhem could ensue.

[Via Inquirer]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Home Entertainment

Joining the (unfortunately) growing fray of companies tossing out blanket lawsuits like it’s their job, Toshiba is now requesting that a whopping 17 companies, mostly manufacturers and importers from Hong Kong and China, have their imports barred from entering the United States. Reportedly, Tosh feels that a number of “DVD-related patents” have been infringed upon, and doesn’t want to see any more of those taboo “DVD players, DVD recorders, and other digital video disc products” hitting the States. As if banning the items from sale wasn’t enough, it also filed a lawsuit “demanding an undisclosed amount of monetary damages to the same companies.” We sure hope Toshiba wasn’t looking for any partners for joint ventures anytime soon, as it just made enemies with a whole horde of potential allies.

[Via JapanToday]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Peripherals

While we’re still not sure whether refilling those empty ink cartridges is indeed a criminal act (or a waste of money), Epson has taken one more step towards forcing the average consumer to purchase name-brand carts at sky-high prices. Of course, Epson would have you believe that it’s simply protecting its patents, but in a recent preliminary ruling that deemed some 24 suppliers that “import and sell Epson-compatible cartridges” as in the wrong, it could spell higher prices and less choices for consumers with Epson printers. Nevertheless, if the final ruling (set for July 30th) follows the same path as this one, a “general exclusion order on the cartridges” would be enforced, barring any future imports of the presumably lower-cost alternatives into the States. It looks we’re almost down to two choices when it comes to printing: break the law, or break the bank?

[Via TGDaily]

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: HDTV, Home Entertainment

We all know that bit about a “speedy trial” doesn’t exactly come to fruition in most cases, and after three excruciating years of battling innovation stranglers the DVD Copy Control Association, Kaleidescape has escaped unscathed. The firm’s DVD ripping / streaming jukebox was under fire for obvious reasons, as it not only encouraged the ripping of “protected content,” but it helped users rip and transmit the data around their network. The DVD CCA whined that the machine “breached a contract” when it crafted a product that enabled users to copy its locked-down material onto hard-drive based servers — the judge, however, felt otherwise. In fact, it was ruled that “nothing in the DVD CCA licensing agreement prohibits the development of products that allow users to copy their DVDs,” thus, no contract was breached at all. One down, too many to go.

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: Portable Audio

Just about the time that XM Radio was finally able to sit down and hammer out some figures for the upcoming merger, the poor satellite radio firm has hit yet another legal snag, and this time it’s care of the NMPA. The National Music Publishers Association have officially filed suit against XM, claiming that the “XM + MP3″ music service bypasses copyright laws by giving users the ability “to make permanent copies of on-air tracks” with units like the hotly-debated Inno. Quite similar to other gripes brought against the outfit in the past, this dispute claims that XM’s service “constitutes pervasive and willful copyright infringement to the overwhelming detriment of copyright holders, legitimate online music services and, ultimately, consumers,” but we’re still scratching our heads on the “consumers” bit too. Nevertheless, the NMPA is requesting demanding a maximum of $150,000 in “damages” for each work purportedly infringed by XM, but the sat radio company seems to be brushing this one aside as it claims that “the lawsuit is without merit.” These guys just can’t do anything right, eh?

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!

Filed under: HDTV, Home Entertainment

Cablevision once had dreams of keeping all your recorded shows on a network-based DVR system, which would have kept them from having to send boxes to all their subscribers. Then Hollywood and the TV networks stepped in with the lawyers last May, and here we are today, with a ruling that this would have broken copyright rules by effectively “rebroadcasting” the programs. The cable operator is considering an appeal, although Scientific Atlanta, Motorola, TiVo, and other DVR manufacturers are likely relieved that their revenue streams are firmly intact.

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BOLD MOVES: THE FUTURE OF FORD A new documentary series. Be part of the transformation as it happens in real-time

Office Depot Featured Gadget: Xbox 360 Platinum System Packs the power to bring games to life!