lawsuits

Here's quick update to the story we posted the other day on a couple filing a class-action lawsuit over a potential design flaw in Amazon's Kindle 2 involving the company's cover and cracks developing around the clasps where the cover attaches to the device.

Amazon has decided that it will now replace Kindles that have been cracked by the cover free of charge, reversing its earlier stance that the Kindle 2's warranty didn't cover such cracks and required a $200 fee to repair. As expected, Amazon wouldn't comment on the lawsuit itself, which will … Read more

Microsoft is bringing out the big guns to combat instant message spam and phishing attacks done to users of its Live Messenger network. The Redmond, Wash.-based software giant filed a civil lawsuit Thursday in King County Superior Court in Seattle against Funmobile, Mobilefunster, and several individuals, who Microsoft says is responsible for the intentional misuse of the service to gain the personal information of its users.

In the suit (which is embedded below), Microsoft cites a multitude of attacks including IMs that appear to be coming from users they know, as well as phishing attacks that mimic the look … Read more

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

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 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

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

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

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

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