Apple lawyer sums up iPod antitrust trial- 'This is all made up'

Apple lawyer sums up iPod antitrust trial: 'This is all made up'
OAKLAND, Calif. -- Apple revolutionized the digital music business with its iPod media player -- and eight jurors now get to decide whether the company was a champion or a bully. A two-week-long legal battle over the meteoric rise of the iPod and iTunes music store heads to a close here Monday after lawyers presented closing arguments in a class action antitrust case. Plaintiffs, who spoke to the jury first, are resting the heart of their case on a central complaint that Apple has fought in the past -- that the Cupertino, Calif.-based company exerted too much control over the consumer experience and potentially acted anti-competitively in the process. Apple counters those claims, saying it worked to deliver the best user experience with its influential hardware and software. "They [Apple] don't believe that you own that iPod," Patrick Coughlin, an attorney for the plaintiffs, said in court today. "They believe that they still have the right to choose for you what third-party player can play on a device that you bought and you own." Coughlin says Apple believed it had the right to "degrade your experience from a song you can play one day ... to one you can't play the next" when it shut out competing stores' MP3 files. Apple's defense? Those claims are more or less nonsense. "This is all made up. It's lawyer argument," said Bill Isaacson, Apple's lead attorney. "No evidence this ever happened ... there's no consumers, no iPod users, no surveys, no Apple business documents." Isaacson ended Apple's arguments with a plea, that the jury not "hold a great company liable and tell them to stop innovating -- to stop innovating based on nonsense."Related storiesApple defended iPod from hackers, iTunes chief says in antitrust trialApple misled iPod owners, plaintiffs allege at class action trialApple's iPod antitrust class action suit: All you need to know (FAQ)Steve Jobs: iPod, iTunes competitors were 'collateral damage'Apple asks for dismissal of iPod class action suit over missing plaintiffWant to watch one of the last videos of Steve Jobs? Too badNews organizations fight to release Steve Jobs deposition video The case, which has bounced around courts for almost a decade, rests on a 2005 claim that Apple abused a monopolistic position in the market, which led to artificially high iPod prices. In 2006, Apple released an iTunes software update numbered 7.0 that introduced video for the iPod among other features. But it also kept songs from competing music stores from playing on the iPod. In a later 2007 iTunes update, Apple implemented technology that stopped the iPod from functioning if it detected songs not purchased from iTunes. Users could only fix the issue if they plugged the device into iTunes and erased all its contents, effectively removing songs purchased from rival music stores. Apple claims it never received any complaints about this. The civil trial began on December 2 in the Northern District Court of California under Judge Yvonne Gonzalez Rogers. More than 8 million customers of select iPod models purchased between September 12, 2006, and March 31, 2009, and hundreds of small and large retailers, including Best Buy and Walmart, are included in the class and may receive a slice of the $350 million in sought damages. Under US antitrust law, that amount may triple to $1 billion if Apple loses.Yet beyond monetary damages, the case has zero bearing on the modern technology industry, as both the MP3 music file format and the iPod itself have waned in popularity, and the restrictions in question over where and how media can be played have long since been lifted. Testimony throughout the trial has tried to clarify complex questions about Apple's intentions a decade ago, and included an appearance via video deposition by former CEO Steve Jobs, who died in 2011. Plaintiffs argue that Apple's dominance with the iPod and iTunes came only after it blocked other music stores from becoming large-enough competitors to force Apple to lower iPod prices. In quashing rivals, Apple harmed the consumer experience, they say, by disallowing songs from companies like RealNetworks from playing on its device.RealNetworks sold licensed music from record labels with its a digital rights management (DRM) technology called Helix. But it also developed a technology called Harmony that reverse-engineered Apple's own FairPlay DRM to let RealNetworks music files play on the iPod. Apple considered that a hack, but never pursued legal action. Through iTunes updates, Apple broke Harmony's technology and maintained its grip on the market, plaintiffs told the court.Ten years of the iPod (photos)See full gallery1 - 4 / 15NextPrev Apple turned the iPod into something "worse than a paperweight," Coughlin argued, saying that Apple "blew up" consumers' iPods with its software updates if they strayed from iTunes. "You're not told what will happen to you ... there are no more choices at that time. Your choices are over." The iPod maker, meanwhile, says it didn't use iTunes updates to harm competitors or keep users locked into its product ecosystem, as the plaintiffs allege. Instead, it tried to protect itself from an onslaught of hackers and preserve the quality that it argued made the iPod and iTunes successful in the first place. Apple also says it worked hard to maintain the terms of its record label contracts, according to testimony from Apple executives such as iTunes chief Eddy Cue and head of marketing Phil Schiller. By reverse-engineering FairPlay, Apple says, competitors were risking Apple's contracts, even as those same record labels were urging Apple to license out DRM to increase music sales. Cue explained how the music labels "wanted to have their cake and eat it too," and iTunes vice president Jeffrey Robbin said the labels were consistently questioning the security of FairPlay.The late Steve Jobs took the stand through a video monitor in antitrust court in Oakland, Calif., on Friday, giving testimony in a deposition taped on April 12, 2011.Courtroom sketch by Vicki BehringerCompanies like RealNetworks were offloading the responsibility of making its product work on Apple, the company said. "If you have a problem, what Real [Networks] tells you to do is call Apple technical support," Karen Dunn, another Apple attorney, argued in closing. Apple executives argued that same point, including Jobs, whose video deposition was filmed six months before his death."We were very concerned with somebody like Real [Networks] promising customers that they would have compatibility, when in the future they might not," Jobs said in the 30-minute video, edited down from two hours for the court. "That's not something we could guarantee. So we could get sued by all these people."RealNetworks isn't named in the suit and none of its executives appeared in court.Ultimately, Apple's defense rests on the architecture of its product ecosystem and lack of evidence for the plaintiffs' argument. "The best way to provide quality products was iPod and iTunes," said Isaacson, Apple's attorney. He cited Schiller's testimony that Apple's success rested on the iPod-iTunes pairing and that opening up the iPod would be like giving consumers a car with two steering wheels. Customers who thought otherwise were "trying to put a VHS tape in a DVD player," using Schiller's language."We were very concerned with somebody like Real [Networks] promising customers that they would have compatibility, when in the future they might not."Steve Jobs"Plaintiffs don't understand the technology in this case," Dunn said at the end of her arguments. She crossed off numerous use cases in which someone may been affected by the database-exploding scenario plaintiffs allege harmed consumers and stifled competition. She also reintroduced Apple's oft-repeated defensethroughout the trial that any user could legally strip DRM from any music stores' songs by burning them to a CD and uploading them back to iTunes.Apple has said that, from day one, it has advocated for DRM-free music, only buckling to record companies' demands to get into the business in 2001. Amazon in 2007 introduced DRM-free music that coincided with a famous open letter from Jobs titled, "Thoughts On Music," that advocated for dropping DRM. In 2009, all of Apple's music catalog left the restrictions behind.As for those who refused to do burn songs onto discs and were harmed by iTunes 7.0, Dunn reiterated, "there is no evidence any such people even existed." Now the jury must decide a few things: Did Apple indeed have a monopoly on the digital music business? Was Apple protecting itself from hackers and preserving contracts, or using its FairPlay DRM as a weapon against competitors? Were iPod prices artificially high because of Apple's alleged lock-in strategy? "You will be asked to determine whether the firmware and software updates in iTunes 7.0 were genuine product improvements," Judge Gonzalez Rogers said in instructing the jury. Under the Sherman Antitrust Act, a so-called genuine product improvement cannot be considered anticompetitive, even if it disrupts a competitor's products. "A company has no general legal duty to assist its competitors, including by making products interoperable, licensing to competitors or sharing information to competitors," she added.The arguments in the case have included accusing Apple of misleading customers and using lock-strategy to accusations it struck a deal with Amazon. Jurors have to decipher technical lingo like "keybags," a phrase for the technology used to secure DRM-protected music files, as well as mentions of firmware updates with names like database verification code and keybag integrity check. The case has also has its fair share of controversy, from missing plaintiffs to an ongoing back-and-forth battle between media organizations and Apple over the release of never-before-seen video deposition of Jobs, which was filmed six months prior to his death.Apple discovered that Marianna Rosen, the final remaining plaintiff in the case last week after two others were withdrawn, didn't purchase an iPod that fell in the requisite class period. Instead of throwing out the case after it was determined that Rosen didn'tin fact qualify, the judge asked the plaintiffs to substitute in a new plaintiff. The next day, an ice dancer from Massachusetts, Barbara Bennett, showed up in court and was qualified to act as the representative for the more than 8 million iPod owners in the class.Media organizations are still fighting to have Jobs' deposition released to the public. Apple filed a motion on Sunday reaffirming its stance that his appearance in court via video monitor should be treated like standard testimony. "What they they want is a dead man, and they want to show him to the rest of the world," Apple attorney Jonathan Sherman said Friday. The decision over whether the Jobs' video will be made public is up to Gonzalez Rogers.The jury is expected to reach a decision on the merits of the case sometime this week.Update at 5:37 p.m. PT: An earlier version of this article incorrectly stated the start date of the trial. It began on December 2, not December 9.


Jobs ordered to testify in FairPlay antitrust case

Jobs ordered to testify in FairPlay antitrust case
Attorneys for Apple had argued that Jobs' testimony in this case would be repetitive of what has already been offered as part of the ongoing lawsuit. But presiding over the case known as the Apple iPod iTunes Antitrust Litigation, U.S. Magistrate Judge Howard Lloyd ruled yesterday that this alone was not sufficient to preclude Jobs from testifying.The case, filed in the U.S. District Court for the Northern District of California, San Jose Division, revolves around Apple's past use of FairPlay to encode its digital music files. Such encoding ensured that songs bought through iTunes would play only on iPods and not other music players and that songs bought through other digital music stores would not play on an iPod.Claiming it was the music companies and not Apple that wanted the digital rights management, Jobs eventually got rid of FairPlay in early 2009, paving the way for DRM-free music through iTunes.But the use of the software found Apple the target of a lawsuit launched in 2005 from a group of iPod and music buyers who claimed that the company's use of FairPlay allowed it to maintain a monopoly over both digital audio players and music downloads.As one example, RealNetworks had challenged Apple in July 2004 by releasing software called Harmony, which was designed to crack through the DRM and allow its own digital music files to play on the iPod.In its strong response a few days later, Apple threatened to block access to RealNetworks' digital music files the next time the iPod software was updated. Apple eventually followed through on that threat by updating the iPod in October and rendering RealNetworks' content unplayable.Though Lloyd has ordered Jobs to testify in the deposition, he did find in favor of Apple on certain motions. The plaintiffs argued that Jobs should be required to answer questions about Apple's initial decision to implement FairPlay and its refusal to license FairPlay to other companies. But the judge rejected both of those arguments.As a result, Jobs' deposition will be limited to two hours during which he'll be asked questions only related to RealNetworks' launch of Harmony in 2004, Apple's response to Harmony, and Apple's iPod update later that year.An Apple spokeswoman told CNET that the company would decline any response to the lawsuit and Jobs' testimony because the litigation is pending.In another matter related to Jobs, the Los Angeles Times is reporting that an investment advisory firm has raised questions over whether the Apple CEO should continue to serve on the board of directors for Walt Disney.Citing his absences from board meetings the past few years, Institutional Shareholder Services acknowledged that Jobs' ongoing medical condition could certainly excuse him from frequent participation. But the group felt that shareholders are entitled to greater disclosure and a full explanation were he to be renominated to the board. Disclosure of Jobs' medical ailments has been a issue that has dogged Apple as well over the years.The AFL-CIO, which owns about 3.8 million shares of Disney, already voted against Jobs returning to Disney's board, the L.A. Times added.


Apple TV software update- First impressions

Apple TV software update: First impressions
It's a couple of weeks late, but the Apple TV software update is now available to the public. The free download updates the Apple TV with a variety of new functionality presented at last month's Macworld show, including HD movie rentals and PC-free access to the iTunes Store.We're downloading it now, and will be reporting back soon with some hands-on impressions. In the meantime, check out Steve Jobs' preview of the new features. UPDATE 2: Full hands-on review and video available here.UPDATE: My initial impressions are pretty positive. As far as the new features are concerned:Onscreen iTunes Store access: The new main menu uses a split-screen navigation--primary selections on left, submenus on the right. Access to iTunes Store content (movies, TV shows, music, podcasts) is not unlike the iTunes desktop software, with featured and most popular items called out with box shots (see above), and the ability to drill down farther using alphabetical search via an onscreen keyboard.Movie rentals: There's a limited selection so far, but the process works pretty seamlessly. Click on the movie of your choice, get an onscreen summary (with an available video preview), and just click to rent. HD videos were available for viewing within 45 seconds of ordering--though it's worth noting that we're on a corporate T1 broadband connection.Video quality: Scenes from Ratatouille and Transformers demonstrated that the HD video quality is far superior to the previous low-res offerings on iTunes (which were optimized for the small screens of the iPod/iPhone portables). Foreground detail on both films was generally impressive, with (for instance) the fur of the rats in the Pixar film clearly apparent. But the compression needed to get the films into streamably small file sizes is evident: Backgrounds still exhibit MPEG artifacts, and fading into and out of black show noticeable solarization. In other words: It has the same strengths and weaknesses that we've seen on downloadable videos on Vudu and Xbox 360 Marketplace. Most viewers will be suitably impressed, but videophiles will be able to see bandwidth constraints that fall short of the best Blu-ray movies. Flickr and .Mac access: Access to these online photo galleries worked perfectly. Public galleries are accessible just by typing in the account name--including slide shows with the Ken Burns Effect and background music (the playlist of your choice).So far, so good. I'll be updating the full review soon.In the meantime, if you've got a specific question about the new Apple TV, ask it below, and I'll do my best to track down an answer.


Spotify sets new limits on free music

Spotify sets new limits on free music
Spotify, the online music service that has attracted more than 10 million users in Europe in part by offering free-of-charge access to millions of songs, may cap the number of times users can listen to the same song and limit the total number of hours that existing users would have access to its free service, the sources said. Last May, Spotify capped access to free music for the first time. As part of an offering called Spotify Open, new users were given 20 hours of free song listening per month. If they wanted more they had to upgrade to Spotify Unlimited, which offers all-you-can-eat listening for a monthly fee.Whatever changes Spotify makes would go into effect sometime in May, said the sources. A Spotify spokesman was not immediately available for comment. Spotify is perhaps best known in the United States as the music company that has had trouble launching in this country. The company has penned U.S. licensing deals with two of the four major record companies but can't seem to lock down music rights from Universal Music and Warner. Related links• Spotify wouldn't offer as much free music here• Hey iTunes, here comes Google Music, Spotify• Don't expect Spotify in U.S. this holiday seasonIf and when it does launch here, managers have already agreed to limit the amount of free music it offers, sources told CNET in February. The limits on free music appear to be designed to push people into paying for music. Ad-supported music services have struggled to generate profits and prove their business model. Even Pandora, the online radio service that started out paying the bills primarily through ad sales, has placed caps on free music. Still more ad-supported services flamed out and shut their doors, including Ruckus, SpiralFrog, and Imeem. For all of Spotify's notoriety and big European following, the company has not been able to show that it's able to generate big revenue or profits.


iPhone 5 on sale in Russia's gray market for $3,700, report says

iPhone 5 on sale in Russia's gray market for $3,700, report says
Apple's iPhone 5 won't be going on sale in Russia anytime soon, but that doesn't mean the country's gray market won't be hawking it.According to Bloomberg, Web stores in Russia are currently pricing the iPhone 5 as high as 115,000 rubles (about $3,700). Customers who purchase the device at that price will be able to get their hands on the smartphone shortly after its September 21 launch date in the U.S. and other countries.The 115,000 rubles for the iPhone 5 is a far cry from the current Russian price on the iPhone 4S. According to Bloomberg, the 64GB version is available for only 39,990 rubles. The 5 arrives CNET's iPhone 5 review Apple out to prove it's still king Pictures: Apple's big iPhone 5 reveal Ho-hum. iPhone 5 won't wow anyone iPhone 5: What we didn't get Comparing the iPhone 4S and iPhone 5 iPhone 5 vs. Galaxy S3 vs. Lumia 920 Poll: Will you buy the iPhone 5? An awful dock-connector change Start your iOS 6 downloads September 19 iOS 6 hits major marks Apple reworks, simplifies iTunes New iPod Touch: Siri and a 4-inch screen Full coverage: The iPhone 5 arrives Apple announced the iPhone 5 yesterday. The device comes with a 4-inch display, 4G LTE service, and an improved camera, among other enhancements. The device is launching in nine countries on September 21 and will be followed up by 22 more countries on September 28. By December, Apple hopes to have it available in 100 countries, making it the fastest iPhone rollout in its history.The problem for Russian consumers is that their country isn't included in the first two launch cycles. And although it's possible Russia might get the iPhone in October or November, that's apparently too long a wait for some.So, for those desperate to have the iPhone 5, paying a significant premium might actually be an option.


What if Apple really opened up the iPhone-

What if Apple really opened up the iPhone?
Miner uses the Microsoft licensing and open-source models to make his case. "When you have devices out there from Motorola, HTC, Samsung, and so on, there's a much larger potential market on Android than for the iPhone," Miner said. In other words, having a mostly closed device (except to the iPhone hackers)--with one manufacturer and one carrier per country, as well as applications tied to the Mac OS--is not a formula for creating massive demand. Apple will sell in the tens of millions in a market for smart communications devices that is in the billions. It's the same dilemma Apple has faced over the years. Should the Mac OS be licensed to any reasonably qualified manufacturer? Clearly, Steve Jobs has proven that he can create a great PC business with 5 percent market share.The Open Handset Alliance contingent of Google's Android is really going after the business of Microsoft, Research In Motion, and Symbian with its open-source mobile-software stack and applications platform, which makes Miner's remarks about the iPhone unsurprising. Any one of the big players can beat the iPhone in market share, if Apple continues with its proprietary approach.What if Apple does free the iPhone software and touch technology? Would it become the dominant mobile-device operating system and application platform? Talk among yourselves.


What audio products need to be invented-

What audio products need to be invented?
How about a great-sounding subwoofer that doesn't transmit bass to the rooms below, above, or to the sides of the room the sub is in? That would be great.High-resolution portable players with TBs of storage? I guess, but I don't really understand the desire to play high-quality audio in the noisy world--in cars, buses, planes, trains, offices. Resolution mostly refers to the music's quiet details, like when the guitarist's last note dissolves into silence, the subtle sense of place you hear from good live recordings, that sort of thing. You'll never hear that stuff in your car or on a plane. High-resolution audio is something you can only really appreciate at home. Most of all, I'd love a speaker that perfectly re-creates the sound of live music. We'd also need a perfect amplifier that doesn't add or take anything away from the signal, but despite all the advances in playback technology, recorded music just keeps getting worse and worse. Older recordings were imperfect, but they sounded considerably more realistic than most of today's hyper-compressed and processed releases. So by the time the perfect speaker is finally unveiled, recorded music will probably be even more disconnected from the sound of human beings playing instruments or singers singing. Even perfect speakers might not be able to correct crappy-sounding recordings.What audio products have yet to be invented? Share your thoughts in the comments section.


Crave readers imagine their dream Apple product

Crave readers imagine their dream Apple product
Our first winner, Josh Pitta of Fresno, Calif., wrote us a rather lengthy e-mail describing his dream Apple product: a souped-up iPod Nano watch with several futuristic features like wireless connectivity (Wi-Fi, Bluetooth, and/or NFC), and a smaller version of Apple's iOS with aesthetics similar to iOS 5's Notification Center. A primary reason for iOS integration in the Nano, according to Pitta, revolves around being able to utilize apps like iCloud, iTunes Match, and so on.Related storiesWhat's your dream Apple product?The 'Starck' truth about Apple's 'revolutionary' productPitta also mentions Siri integration into an iPod Nano, perhaps our favorite aspect about the fictional superwatch. He enthusiastically describes the ideal scenario for this application: "How cool would it be to get a text while driving, be notified by the buzzing on your wrist, press a button or the touch screen to see what it was, have it read to you by Siri, then reply to it?"A rear-facing camera built on the Nano watch would offer the user FaceTime (or Skype) video-calling capabilities, with audio supported by a pair of iPhone-esque earbuds or Bluetooth communication accessories.A pair of headphones with gesture recognition would mean less time spent fiddling with controls.Apple, Christopher MacManus/CNETOur second winner, D'Andre Gooden of Hartford, Conn., wrote a rather brief description, but it stood out to us: "Apple Air phones." The headphones would allow the user to control media playback with gestures (similar to the Sony Ericsson MH907 headphones of old), such as "swiping your finger across the side of the headphones" to turn up the volume. Gooden even suggested integrating a basic form of Siri into the Air phones so the user could simply say "play" to access music on the go.Congratulations to the winners, and thanks to all who submitted ideas.


Cover Orange- Best game since Cut the Rope-

Cover Orange: Best game since Cut the Rope?
Last October I called Chillingo's Cut the Rope the best game since Angry Birds. And it appears the world agreed with me, as evidenced by its current number-three spot on the iTunes Top Paid Apps chart.If you're looking for the next big thing in Cutesy Physics Puzzlers (or CPPs, as I like to call them), look no further: it's Cover Orange.Weird title, I agree, but it's the literal explanation of the gameplay. In each level, you must shelter (i.e. cover) one or more oranges against the "poison rain" that pours in from an angry cloud.To accomplish this, you're given one or more tools (it varies from level to level) to drop strategically. In an early, easy level, for example, you simply have to drop a box so it lands directly over the orange. Later on, you'll work with things like wagon wheels, dropping them on windmills to make them spin (and fling your orange to a safe spot).Dropping/placing your last tool triggers the cloud, and there's no going back--your setup either worked or failed. Fortunately, there's a restart icon right in the corner for quick (and unlimited) do-overs.The game is relentlessly cute, from the insidiously peppy theme music to the manically expressive oranges, which shake in fear as the cloud passes overhead and then chuckle giddily after realizing they're safe.The levels vary widely in difficulty, often swinging from easy to near-impossible and back again. And some rely a bit on the luck of when and how your tools drop--meaning even if you do everything exactly right, your oranges might get fried.But no matter. Cover Orange is instantly accessible, wholly addictive, and thoroughly entertaining--just like Angry Birds and Cut the Rope. You'll inevitably find yourself saying, "Just one more level." In my book, that's the mark of a CPP champ.The game sells for 99 cents; the iPad HD version runs $1.99 (and there's a free trial version of that as well, though not yet for iPhone/iPod).Do you think Cover Orange has the makings of a CPP superstar? Share your thoughts about the game (and others like it) in the comments.


Apple sued over multitouch patent

Apple sued over multitouch patent
A Taiwanese chipmaker is suing Apple over the use of multitouch technology in several products, including the iPhone, iPod Touch, and forthcoming iPad.Elan Microelectronics filed a complaint with the International Trade Commission Tuesday, accusing Apple of violating an Elan-owned patent that covers "touch-sensitive input devices with the ability to detect the simultaneous presence of two or more fingers."Elan claims the iPhone, iPod Touch, MacBook, and Magic Mouse are in violation of Elan's patent, No. 5,825,352, and when the iPad goes on sale this Saturday, it will be too. Elan has asked the ITC to ban the import of all five devices into the U.S."We have taken the step of filing the ITC complaint as a continuation of our efforts to enforce our patent rights against Apple's ongoing infringement. A proceeding in the ITC offers a quick and effective way for Elan to enforce its patent," the company said in a statement Tuesday.Apple did not respond to a request for comment. Elan says it is seeking to enforce its patent because it's "a fundamental patent to the detection of multi-fingers that allows for any subsequent multi-finger applications to be implemented."The chipmaker has had some success defending this same patent before. In 2008, it sued Synaptics in U.S. District Court and several Synaptics touch-sensitive products were found to be in violation of Elan's patent. In the end, the two companies agreed on a licensing deal. There's some irony to Apple getting sued over a multitouch patent, since the iPhone maker just sued another handset maker for similar reasons. Apple filed suit against HTCand lodged a complaint with the ITC over 20 patents related to the iPhone's graphical interface and software.


Apple sued over iPad overheating in sunlight

Apple sued over iPad overheating in sunlight
Most gadget owners know that leaving any piece of electronic equipment in the direct sunlight isn't a great idea. Now an iPad owner, who claims their touch-screen tablet overheats and turns off when left in the sunlight, is suing Apple.Bloomberg reported Tuesday that the complaint was filed Friday in federal court in U.S. District Court for the Northern District of California. The suit is seeking class-action status and asks for unspecified damages because the device "overheats so quickly under common weather conditions." The suit says Apple's iPad "does not live up to the reasonable consumer's expectations created by Apple.It's not the first time we've heard the iPad overheating complaint. Not long after the first iPads went on sale in early April some new owners reported the issue. PC Magazine editor Zach Honig said on Twitter that he took his iPad out in the sun on a warm day in New York City, and 10 minutes later, it shut down with the message: "iPad needs to cool down before you can use it." Honig said he stuck his iPad in the fridge and it was back to normal a few minutes later.The Atlantic's blog also compiled known overheating issues, and The Next Web discovered that the iPad's operating temperature is 32 degrees to 95 degrees Fahrenheit when running, or up to 113 degrees Fahrenheit when off. Still, Apple's been selling iPads at a pretty fast clip. The company said it has sold 3.3 million of the touch-screen tablets between April and June.


Apple sued over EarPods product name

Apple sued over EarPods product name
A new lawsuit claims Apple's latest headphones could be confused with a line of hearing aids bearing a similar, trademarked name.In a complaint filed late last week, Randolph Divisions and Hearpod Inc. said Apple's EarPods headphones infringe on its trademark for "Hearpods." Randolph Divisions filed for the name in February 2005, and ended up using the name in its line of hearing aids. "Both Plaintiffs' Goods and Defendant's Goods are similar in nature in that, among other things, they are inserted into the ears of their users and are used to facilitate and enhance the transmission of sounds to the users," the complaint argues.The lawsuit, which was filed in a district court in Hawaii, also says Hearpod Inc. spent more than $625,000 promoting the products bearing that name, and pulled in more than $1.7 million in sales. As a result, the companies want Apple to stop selling EarPods, and pay damages.Apple did not immediately respond to a request for comment about the complaint. Related storiesApple's EarPods headphones torn apart for scienceApple ships mic-less EarPods with new iPod TouchApple reworks earbuds with EarPodsApple introduced EarPods alongside the iPhone 5 and latest batch of iPods at an event in September. It's the latest in a series of headphone designs from the company, though the first to get its own brand name.Apple still sells older versions of its headphones in some of its lower-end products.This isn't the first time Apple has been sued on an issue related to headphones. A complaint filed last year sought $3 million from Apple for allegedly infringing on a patent related to transferring audio signals. Apple was also sued in early 2006 over the volume levels of its iPods and pack-in headphones, action that resulted in a software-based volume limiter being added to Apple's products. The complaint was spotted earlier today by The Next Web.


Apple sued over alleged iMac screen dimming issues

Apple sued over alleged iMac screen dimming issues
Apple's previous generation iMac is the target of a new lawsuit that accuses the company of making and selling a faulty product.A lawsuit filed last week by an Idaho resident named Corbin Rasmussen says Apple's 2009 to 2011 27-inch iMac has a widespread hardware issue that renders half of the screen dim or darkened, and that the company is not fixing it for free outside of its standard warranty period. Rasmussen's complaint points to Apple's support forums, online press coverage, and his own experience with a late-2011 model as proof of the issue. The complaint also goes on to say that Apple introduced an updated model in 2010, knowing that there was an issue."Apple refuses to acknowledge the display dimming defect and has left many consumers to either foot the bill for costly display replacements or with iMacs with severely diminished functionality," the complaint, which was spotted by GigaOm, reads. An Apple spokeswoman declined to comment on the complaint. The suit, which was filed in the US District Court in the Northern District of California, seeks class action for other customers who bought the 27-inch model of the computer on or before November 30 last year. This isn't the first time Apple's been hit with a lawsuit over allegedly defective iMac displays. A Florida man sued the company in January 2009 over iMacs sold between 2006 to 2008, saying they began developing issues with vertical lines. That case was eventually tossed by a California judge, who thought there wasn't enough evidence in the original claim.Here's the whole complaint: iMac class action.pdf by jeff_roberts881


Apple storing iCloud data in China, report says

Apple storing iCloud data in China, report says
Apple has started to store some Chinese users' personal data on servers in China owned by China Telecom, Reuters reported on Friday. Apple told Reuters in a statement that China Telecom, the country's third-largest wireless carrier, has been added to the company's "list of data center providers." Apple said the decision was made to improve its iCloud service, which lets users store and access photos, music, and other data from multiple devices. With data stored closer to the iCloud users, it can be delivered more quickly and reliably, Apple told Reuters.CNET has contacted Apple for comment on the report. We will update this story when we have more information.Apple's decision to store data in China is at odds with some other tech companies', most notably Google, refusals to store data in China over censorship and privacy concerns. Google had a public spat with China in 2010 over censoring search results that eventually led to the Internet giant moving its servers to Hong Kong.China continues to be an epicenter of controversy over user data. China has been charged with hacking foreign governments and corporate servers to steal information. The country is also notorious for wanting user data stored in its borders. The Chinese government claims it's part of its rules and regulations, but critics have said it gives China easy access to people's personal information.For its part, Apple has thrown cold water on any indication that storing data on China Telecom's servers will invade the privacy of its users. Apple said the data is heavily encrypted and not accessible by China Telecom or any other party, according to Reuters. An unidentified source told Reuters that Apple has stored the encryption keys for that data offshore.It's also worth noting the physical location where data is stored doesn't necessarily protect it from prying governments. For example, a US federal judge last month ordered Microsoft to hand over a customer's email-account data being stored in Dublin, Ireland. So, while Apple has started storing data in China, it may not mean user data is more accessible.


2010- The year Apple also became a chip company

2010: The year Apple also became a chip company
"The competitive state of affairs remained very much the same two-horse race it has been for more than 20 years, with Intel firmly in the lead and AMD a distant second," IHS iSuppli said in a research note today.Intel finished 2010 with an 81 percent share of global microprocessor revenue, up a scant 0.4 percentage points from its 80.6 percent in 2009. Meanwhile, AMD ended the year with an 11.4 percent share, down 0.8 points from 12.2 percent in 2009, keeping it in second place, iSuppli said. With that out of the way, we have the much more interesting rise of Apple."The year 2010 was marked by the rise of a new platform: the media tablet, led by Apple's iPad, which employed a [chip] at its heart designed by Apple," said iSuppli.Though the Apple A4 processor and recently announced A5 chip are made by Samsung Electronics, that's no different than, for instance, Qualcomm-branded chips, which are fabricated by Asia-based contract chip manufacturers. The note continues."IHS believes unit shipments of media tablets soared to 17.4 million in 2010, up from zero in 2009, with levels expected to grow to more than 240 million units in 2015."240 million is a very big number and portends seismic shifts in the chip market--a lot of that potentially coming at the expense of Intel and AMD, which make chips primarily for PCs. iSuppli also noted that most Intel and AMD chips in 2010 included built-in graphics circuitry, a trend that will continue in 2011 and beyond.


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Apple TV quietly gets Hulu Plus app The Apple TV is one of the best streaming boxes on the market and it just got a little better.As of this morning, Hulu Plus is now available on the Apple TV. The app showed up without fanfare, with its icon popping up next to Netflix without an announcement from Apple or a required firmware update.Hulu Plus was one of the major missing streaming-video services on the Apple TV, which has been available on competing devices like the Roku HD, PS3, and Xbox 360 for quite some time. As is often the case on the Apple TV, the user interface eschews the standard look available on other devices, instead featuring an Apple-customized look similar to the Netflix app. The Hulu Plus app also allows you to purchase a Hulu Plus subscription ($8 a month) right on the box using your iTunes account.The Hulu Plus app has an Apple TV-customized look, rather than the standard interface available on other devices.Matthew Moskovciak/CNETThe new app comes on the heels of the new AirPlay Mirroring functionality, which enables users to watch Hulu (free) -- or any Flash video -- on their Apple TV, as long as they have a compatible Mac running the latest Mountain Lion software.Apple TV refresh slated for next week, says report Although Apple sidestepped any discussion of the Apple TV set-top box during Tuesday's iPhone event, it might make up for that next week, according to one report.On September 18, the same day Apple plans to release iOS 7, the company will announce an updated Apple TV, All Things Digital is reporting, citing people who claim to have knowledge of the computer maker's plans. The updated Apple TV will boast "an internal overhaul," according to the publication, that incorporates, if nothing else, enhancements to the Airplay wireless streaming technology.Although details on the enhanced Airplay are slim at the moment, according to All Things Digital's sources, the update will allow users who have purchased programming or other video content from their own accounts to stream them to another person's Apple TV. All of the content will be streamed through AirPlay via the cloud, according to the site's sources.Further details were not disclosed.Apple's event on Tuesday proved to be a disappointment for those who had hoped the company would announce a new Apple TV (or a smartwatch or new Macs or iPads). Apple focused its time on two new iPhones -- the iPhone 5C and the iPhone 5S -- and failed to mention anything about its set-top box.

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