<![CDATA[Gizmodo: apple lawsuit]]> http://tags.gizmodo.com/assets/base/img/thumbs140x140/gizmodo.com.png <![CDATA[Gizmodo: apple lawsuit]]> http://gizmodo.com/tag/applelawsuit http://gizmodo.com/tag/applelawsuit <![CDATA[Man Sues Apple for Conspiring With the Mafia to Track Him Using His iPod]]> A Californian man has sued Apple, accusing the company of conspiring with the Italian Mafia to track him down using his iPod. He says they also inserted the word "herpes" into Mike Jones "Still Tippin" (video NSFW). Sounds reasonable:

The recording of death threats and other evidence, prove that APPLE INC. conspired with the Mafia and other Defendants to manufacture, distribute, and sell illegally bugged iPods and other electronic equipment to Plaintiff [Gregory McKenna] to perpetuate the stalking, extortion, and torture.

All these are facts that don't surprise me at all. But McKenna added even more grave accusations to the lawsuit, accusing Apple of inserting the word "herpes" into Mike Jones' Still Tippin':

Tippin' on four fours, wrapped in four vogues, HERPES. Tippin' on four fours, wrapped in four vogues. Tippin' on four fours, wrapped in four vogues, AHH

Here I get a bit skeptical. I've reviewed the uncut video (NSFW) of this song again and again and again and again, but I've yet for find the word herpes anywhere. I mean, I kind of see where he is going with the accusation, but having gone through a full battery of tests just last week, I want to believe that all these ladies are all STD-free too, thank you very much:

But wait, there' more, McKenna's lawsuit also says that Apple and the Mafia threatened to kill him if he didn't become a fashion model in New York City:

We're going to kill you if you don't model for us in New York. Media sources report that the modeling industry has an infamous "shadow Mafia" that forces models to work for pay after fraudulently putting them into excessive debt, coerces them into the illegal sex trade, and then disposes of them.

This is, by far, the best nutty lawsuit in the history of nutty lawsuits. And they say lawyers can't do creative writing. [Apple Insider]

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<![CDATA[Apple: "No Reasonable Person" Should Trust Their Marketing]]> While every new Apple product is scrutinized closely by an army of ambulance chasers, taking issue with Apple's speed claims regarding the iPhone 3G is probably a somewhat reasonable position...unless you realize that Apple doesn't expect you to trust them in the first place.After a legal complaint by 70-year-old William Gillis over the "twice as fast for half the price" statement found in iPhone 3G marketing, Apple responded with a 9-page, 32-point rebuttal—one paragraph of which included this overly harsh, but very telling, statement:
Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact.
In other words, if you believe what Apple says in an Apple ad, you are not a reasonable person. Well that point is more clear by the moment, isn't it? [Legal Doc (pdf) via Wired]]]>
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<![CDATA[Apple Fires Back At Psystar: 'We're Sooo Not A Monopoly']]> Remember when Psystar turned their little hardware dalliance with Mac OS X into an ideological crusade against monopolies? Apple isn't having any of it. The company has just filed to dismiss Psystar's antitrust lawsuit, and, as if channeling John McCain from the last debate, seems pretty angry that Psystar just doesn't understand:

"Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh® computer."

It's doubtful that Psystar has the grounds to win or even the money to fight this case, but the stated principle here is kind of weird. The whole line of Macintosh computers is one product? Hardware that could run Mac OS comprises an "alleged market?" It's hard to quite make sense of what they mean other than "PLEASE DIE." We'll see what happens in court on November 3rd, when Apple passes that sentiment on to Psystar's face(s). [The Register, with full filing at ZDNet]

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<![CDATA[Apple and AT&T Sued for Selling Too Many iPhone 3Gs]]> Apple/AT&T customer William Gillis was unhappy with the performance of his iPhone 3G. So he filed a lawsuit. But what's unique in this case is that the lawsuit isn't complaining just that the iPhone 3G is underperforming, but that the iPhone 3G is underperforming because it's been consciously oversold in a plot by AT&T and Apple.

In his 18-page filing, Gillis points out the 3G tower power issue that recently leaked to the public in which an AT&T worker disclosed that current sub-par connections are caused by iPhones sucking too much power for AT&T transmitters to maintain proper 3G signals. Given this knowledge, Gillis feels the iPhone was clearly sold past network capacity creating problems that cascaded to every AT&T 3G users.

The suit seeks class action status so that every California AT&T subscriber could receive compensation if they've experienced poor 3G performance. And in light of such 3G failures, Gillis points out that Apple's packaging should have a disclaimer to manage consumer's expectations. [AppleInsider]

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<![CDATA[Afternoon News: Apple's Patent, Cashwrap, and Lawsuit]]> • An Apple Patent that refers to wobbling icons is strikingly similar to the same feature found in the leaked iPhone 1.1.3 firmware, confirmation? [Mobile Mag]
• Apple stores that still have "cashwrap" counters, aka cash register counters, will soon be moving to those portable credit card-transaction computers. But don't worry you cash lovers, the Genius Bar will handle all cash transactions, and the flagship stores are keeping their "cashwrap" counters. [ifo Apple Store]
•An anti-trust lawsuit has been filed against Apple with charges of holding a monopoly on the digital music market. The major complaint in the charge is Apple's inability to support Windows WMA format, which we can't argue with. [Information Week]

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