On behalf of his neighbors in Florida—as well as California—Nathan Nabors is attempting to take on Google in a breach of contract class action lawsuit, due to the continuing problems with the Nexus One's 3G signal. You'd think he'd be better off taking his issue up with T-Mobile, really. [TechCrunch] More »

Ask Hulavision founder Errol Hula, and he'll tell you Hulu is a stolen idea, from concept to even the similarities in name. He's so confident, in fact, that he and his company have filed a lawsuit against NBC Universal, claiming a series of meetings (all under the umbrella of a nondisclosure agreement) with the media conglomerate and business development exec Raymond Vergel de Dios laid the foundation for its eventual web portal. The suit runs the gamut of brokenhearted business fellows: misappropriation of trade secrets, breach of contract (both implied and the NDA), breach of a confidential relationship, unfair competition, unjust enrichment, and stolen ice cream on the playground. The suit seeks unspecified damages. Given the nature of these things, we doubt the two will ever get the point of actual courtroom entanglement, but if it does... can we get it streamed?

Hulavision sues NBC Universal, Hulu stuck in the middle with gloom originally appeared on Engadget on Wed, 24 Mar 2010 22:47:00 EST. Please see our terms for use of feeds.

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How do we know we're years away from a final resolution to the Nokia / Apple patent lawsuit? It's been six months since Nokia first filed its complaint, and the two parties are just now starting to argue about which specific substantive claims they're eventually going to argue about. Let's do a quick refresh: at the heart of the lawsuit is a conflict over Nokia's wireless patents, some of which are almost certainly essential to how cell data and WiFi operate. As a member of the ETSI and the IEEE licensing groups which oversee GSM and WiFi, Nokia's required to license its patents to anyone who asks on fair terms, but those terms aren't set in stone -- Nokia can negotiate separate licenses as it sees fit, and it apparently wanted Apple to cross-license its touchscreen patents as part of the deal. Apple said no, and now we're all in court, with both sides alleging patent infringement in three different lawsuits (one of which is on hold) and Apple claiming that Nokia is also liable for breach of contract, because it promised fair licensing terms and didn't deliver. Got all that? Right.

So that brings us to yesterday, when Nokia asked the court to dismiss all of Apple's contract-related claims, saying that they're simply a distraction from the real issue, which is patents, and that its license offers aren't unfair simply because Apple doesn't like them. In short: Apple and Nokia's patent lawsuit is currently not really about patents at all, but about whether or not it should also be a fight about contract terms in addition to a fight about patents, and that question won't be resolved for months. And that's why vigilante justice is the future of America's tarnished civilization something like 90 percent of patent cases eventually settle out of court.

P.S. Oh, and in case you're wondering, today Reuters reported that the first trial date isn't expected until 2012. So, yeah.

Nokia asks court to dismiss part of Apple patent lawsuit originally appeared on Engadget on Fri, 12 Mar 2010 14:57:00 EST. Please see our terms for use of feeds.

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Well, well. Apple's won its copyright infringement claim against would-be Mac cloner Psystar in California. Anyone surprised? As we've been saying all along, the key argument wasn't the OS X EULA or Psystar's failed monopoly claims, but pure, simple copyright infringement, since Psystar was illegally copying, modifying, and distributing Apple's code. Psystar was also dinged for circumventing Apple's kernel encryption in violation of the Digital Millenium Copyright Act, but that's just another nail in the coffin, really. There's still some legal fireworks to come, as Apple's various other claims like breach of contract, trademark infringement, and unfair competition weren't addressed in this ruling, but those are all secondary issues now -- and we'd expect this decision to have quite an impact on the other case currently ongoing in Florida. We've broken down the highlights after the break, hit up the read link for the PDF and follow along.

[Via Groklaw]

Continue reading Apple wins copyright infringement case against Psystar in California

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Apple wins copyright infringement case against Psystar in California originally appeared on Engadget on Sat, 14 Nov 2009 17:59:00 EST. Please see our terms for use of feeds.

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