lawsuit

Does the Kindle 2 have a design flaw? Lawsuit says yes

Amazon prides itself on customer service, but it now finds itself the target of a $5 million class action lawsuit because it failed to replace a Kindle 2 that a customer alleges was damaged by Amazon's own $30 protective case.

Matthew Geise, executive director of a Seattle property management firm, and his wife, Alisa Brodkowitz, are behind the suit (the $5 million sought represents damages for all Kindle owners who are affected by the problem, as well as legal costs).

The story goes like this. Brodkowitz's Kindle 2, which she received as a gift from her husband, developed cracks around around the points "where the cover attaches with metal clips," Geise told Seattle Times reporter Brier Dudley. On July 6, the screen froze and the device stopped working.

In user reviews of the e-reader, other Kindle owners have complained about cracks in the area around the clasps, so the issue is apparently not isolated.

Brodkowitz spoke with a customer rep, who said the screen freeze was covered under the Kindle 2's warranty, but not the cracks, which the rep allegedly said "were caused by improperly opening the cover backwards." A $200 repair fee was required to fix the maimed Kindle.

Instead of paying, Geise and his wife decided to file a class action lawsuit. According to the suit, what seems to have ticked the couple off was an Amazon customer service supervisor telling Brodkowitz that the cracks are a "common problem," but that the $200 repair fee still had to be paid. Brodkowitz says she never did any backward bending of the cover.

Here at CNET, we didn't have any issues with the cover causing damage to our initial review sample, but we only had it for three weeks.… Read more

Don't text while walking? Girl learns the hard way

We've seen stories on the dangers of DWT (driving while texting). But are we now facing the growing problem of WWT (walking while texting)?

Alexa Longueira,a 15-year-old from Staten Island, learned a painful lesson about the hazards of texting recently. While intent on text messaging as she walked on a sidewalk along the New York borough's Victory Boulevard, she stepped right into an open manhole, sending her several feet into the raw sewage below.

Suffering some cuts and bruises, Longueira was checked out at Staten Island University Hospital and released.

The manhole had been left open briefly … Read more

Google finally sued by makers of Finally Fast

Google has been sued again by a company mad over the use of its trademarks as keywords, but this one comes with a twist.

Ascentive, the company behind those incessant "Finally Fast!" PC support ads, became the latest Google advertiser to sue the company for allowing advertisers to purchase ads using trademarks they do not own as search keywords. It will have to get in line behind Firepond, Rescuecom and several other companies challenging Google's policy, recently expanded to allow some companies to use trademarks they don't own in the text of their ads.

Ascentive takes … Read more

Music copyright lawsuit targets Microsoft, Yahoo, Real

I'm not a lawyer, but I'm well-acquainted with legal filings from analyzing Microsoft's legal travails for the last nine years. I've seen a lot of aggressive lawsuits, but a copyright infringement suit filed Monday in the U.S. District Court for Middle Tennessee is one of the boldest--and, I'd argue, short-sighted--filings I've ever seen.

The suit appears to have been initiated by Music Copyright Solutions (MCS), which claims to administer copyrights for more than 45,000 compositions. MCS is named as the lead plaintiff, along with a number of songwriters including Mark Farner of … Read more

RIAA triumphs in Usenet copyright case

Note: See Usenet.com's reaction at "Usenet.com says RIAA 'whittling down' Betamax case."

The Recording Industry Association of America has prevailed in its copyright fight against Usenet.com, according to court documents.

In a decision that hands the RIAA an overwhelming victory, U.S. District Judge Harold Baer of the Southern District of New York ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection … Read more

Apple sued over iTunes gift cards

Update at 9:25 a.m. PDT: A few more details added.

Illinois residents Daniel and Barbara Owens are suing Apple, accusing the company of fraud related to its iTunes gift cards.

The suit, filed Wednesday in U.S. District Court in southern Illinois and obtained by CNET, shows that the couple is seeking monetary damages for Apple's "wrongful, illegal, improper and fraudulent acts."

The Owens claim that Apple markets the gift cards as selling individual songs on iTunes for 99 cents each. The couple argues that not all songs in the iTunes Store are that cheap--some … Read more

MPAA says Real's patent attempt saps RealDVD argument

The film industry fired another legal broadside at RealNetworks and RealDVD.

The Motion Picture Association of America has accused Real of misleading the court about the company's attempts to circumvent ARccOS and RipGuard and about whether the technologies are true copy-protection measures.

Real wrote in patent applications filed with the Patent and Trademark Office in 2007 and 2008 that the two software were indeed copy protections, despite arguing the opposite in court, the MPAA alleged in a document filed with the court on Wednesday. The patent applications were published by the patent office two weeks ago.

The MPAA has taken Real to court … Read more

The 404 367: Where we get mushy with Russ Frushtick

Our good buddy Russ Frushtick of MTV Multiplayer (formerly of UGO) comes onto the show today to talk shop and give us the inside scoop on Project Natal, "Ghostbusters," and the Nintendo Wii Motion Plus.

We're always stoked when Russ Frushtick drops into the studio because he always brings us the best news, and today is no different. Russ recently accepted an offer to work at MTV Multiplayer as the only guy covering video games! Now that he's the head honcho, we feel extra special that he's willing to talk with us about E3. Granted, E3 was awhile ago, but Russ gives us his take on Project Natal and how he thinks it will effect the industry as a whole. Believe it or not, I'm actually kind of psyched to play the handball game despite how weird I'll probably looking flailing my arms around like a maniac in that 3-foot square. Russ also talks about the Milo demo, where you apparently have to establish a relationship and "connect" with a young boy in order to win the game? Maybe they should've called it "Project Wilson Tang."

After the break, we jump right back into more video game talk. We chat about the a game called Scribblenauts for the Nintendo DS. From how Russ described it, it sounds pretty cool: you just wander around and when you encounter a problem, all you have to do is write in what you'd need to get out of it and the object appears onscreen. And the game has 10,000 words you can write in! Listen in for more details about Prototype and a hilarious rant about the Wii MotionPlus.

EPISODE 367 Download today's podcast Subscribe in iTunes audio | Suscribe to iTunes (video) | Subscribe in RSS Audio | Subscribe in RSS Video… Read more

Data Domain sued over NetApp deal

The corporate soap opera between Data Domain and potential suitors NetApp and EMC has a new episode.

Two law firms have launched class action suits against the board of Data Domain, alleging that the process used to accept NetApp's offer may not have been fair and open.

Attorneys at Bernstein Litowitz Berger & Grossmann filed suit in Delaware on June 12 on behalf of the Police and Fire Retirement System of the city of Detroit and "similarly situated shareholders of Data Domain," according to the firm's press release.

The suit contends that Data Domain's board … Read more

Amazon to pay $51 million to settle Toys 'R' Us suit

Amazon.com must pay Toys "R" Us $51 million to settle a lawsuit filed by the toy retailer in May 2004.

Back then, Toys "R" Us sued Amazon for violating the terms of the 10-year partnership the companies forged in 2000. Toys "R" Us claimed Amazon violated the agreement by allowing other vendors to market toys and baby products on its site.

On Friday, Amazon said in a document filed with the Securities and Exchange Commission that the money must be paid in the third quarter of 2009 and that the sum was "… Read more