Tag Archives: Appeal

Yahoo wins appeal of $2.7 billion suit in Mexican court

An appeals court in Mexico has overturned an approximately US$ 2.7 billion judgment against Yahoo and Yahoo Mexico in a breach-of-contract suit concerning online directories.
Computerworld News

Backed By Rappers Nas And Pusha T, Urban Culture-Focused Media Company Mass Appeal Raises $1.2M

mass appeal logoMass Appeal, a joint venture that’s both reviving the Broolyn-based, graffiti-focused magazine of the same name and also moving into online content, is announcing that it has raised $ 1.2 million in funding.

It’s backed by a mix of traditional firms and figures from the hip hop world. The rapper, (and one-time TechCrunch contributor) Nas announced last month that he had invested a “six-figure sum” in the company, and he’s also serving as Mass Appeal’s associate publisher. Publisher Peter Bittenbender told me via email that the other investors include record label/”creative shop” DECON (where Bittenbender is co-founder and CEO), rapper Pusha T, and international firm White Owl Capital.
TechCrunch

Diversifying Facebook Home could broaden its appeal, analysts say

Facebook’s Home mobile software for Android-equipped smartphones might only appeal to the most active Facebook users at first, but the company’s plan to integrate third-party social services into it could broaden its appeal.
Computerworld News

Legal experts pitch in to appeal AT&T hacker’s sentence

Legal experts are stepping in to help hacker Andrew Auernheimer appeal his 41 month prison sentence for illegally accessing emails and other data belonging to about 120,000 iPad subscribers of AT&T’s networks.
Computerworld News

Andrew ‘weev’ Auernheimer Files Appeal, New Pro-Bono Lawyer Outlines Why

WeeviliciousAccording to his brand new lawyer, Andrew “weev” Auernheimer, otherwise known as the AT&T hacker, will appeal his sentence of 41 months in prison, three years probation, and restitution of $ 73,000 owed to AT&T.

Orin Kerr, a civil rights lawyer who is now on the faculty of the George Washington University Law School, has stated on a blog that he will be representing Auernheimer in his appeal pro-bono.

TechCrunch

Jammie Thomas Denied Supreme Court Appeal

sarysa writes “The Supreme Court has refused to hear the latest appeal of the 7 year old Jammie Thomas case, regarding a single mother who was fined $ 222,000 in her most recent appeal for illegally sharing 24 songs. Those of us hoping for an Eighth Amendment battle over this issue will not be seeing it anytime soon. In spite of the harsh penalties, the journalist suggests that: ‘Still, the RIAA is sensitive about how it looks if they impoverish a woman of modest means. Look for them to ask her for far less than the $ 222,000.’”

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Slashdot

Google Reader’s Death Is Proof That RSS Always Suffered From Lack Of Consumer Appeal

404871119_69534bc7f5_zThe idea of RSS was one that never quite gripped with normal Internet users. Sure, for us geeks who absolutely love consuming as much information as possible, RSS is a wonderland. When Google launched Reader in 2005, I can remember surfing to all of my favorite sites and looking for that little RSS logo, clicking on it and subscribing to the feed. So easy, so awesome to “us,” and so not easy or awesome to anyone else on the planet. I’ve heard many smart people try to explain RSS to normal folks, such as “turning content into television stations, allowing you to subscribe only to what you want to consume.” That one didn’t work. Neither did any other explanation, because RSS as a technology is too nerdy, too behind-the-scenes and lacked general consumer appeal. Nobody ever took RSS under its wing and “mentored” it. In essence, Twitter is a big RSS reader, allowing you to “follow” the people sharing content that you’d like to consume. That simple concept of following gripped, but subscribing to feeds simply did not, at least how Google Reader and other popular readers let you do it. What has taken off are apps like Flipboard, which have a beautiful interface that allow you to do the same thing that Google Reader let you do, except that it’s sexy. Shoot, even Google tried to copy Flipboard by launching a product call “Currents.” Ever use it? Me neither. Why is Google Reader dying and RSS not so interesting? Because people don’t want to read news like this, and it never evolved: Google Reader was just a glorified email inbox. Sure, you could skim news quickly from your favorite blogs, but it lacked any other wow factor for people that actually matter. Additionally, it was nearly impossible to monetize, as the same argument about ads in RSS feeds would get the same three geeks angry each time. Ask FeedBurner. There is a pretty sizable pocket of people like us who are upset at Reader’s demise, but since none of us could ever explain what RSS was – why someone should use Google Reader and how to advance a boringly old technology – it’s dying. Nobody cares that Google Reader is dying, because nobody cared enough to keep it alive. The funny thing about technology is that apps and sites pick up traction after early adopters get to it first.
TechCrunch

European Human Rights Court Rejects Pirate Bay Founders’ Appeal

A bit over a year since having their case rejected by the Swedish Supreme Court and appealing to the European Human Rights Court, it looks like basically all legal options have been exhausted for the Pirate Bay Founders: their case has been rejected. From the article: “The EHCR recognizes that the Swedish verdict interferes with the right to freedom of expression, but ruled that this was necessary to protect the rights of copyright holders. In its decision the Court also considered the fact that The Pirate Bay did not remove torrents linking to copyrighted material when they were asked to ‘The Court held that sharing, or allowing others to share files of this kind on the Internet, even copyright-protected material and for profit-making purposes, was covered by the right to “receive and impart information” under Article 10 … However, the Court considered that the domestic courts had rightly balanced the competing interests at stake – i.e. the right of the applicants to receive and impart information and the necessity to protect copyright – when convicting the applicants and therefore rejected their application as manifestly ill-founded.’”

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Slashdot

Apple Bringing Second Lawsuit To Samsung, Won’t Wait For Appeal

sl4shd0rk writes “Hot on the heels of last year’s Apple win over Samsung, Apple is geared up for it’s second attempt at knocking Samsung’s alleged copy-cat products off the store shelves. District Judge Lucy Koh asked both parties if they could stay the new case while the first one goes up on Appeal. Apple denied citing a delay would “seriously and irreparably prejudice Apple.” The company “will likely suffer a long-term loss of market share and of downstream sales”. Samsung replied with a statement saying “Apple will be unable to meet its burden of proving infringement without resorting to the same improper ‘representative product’ strategy,” [that shouldn't have been allowed in the first case.] Although some may think this is a good move for business on Apple’s part, some claim the litigation is responsible for Apple’s dipping sales and stock prices as well as Increased visibility of Samsung. In the end however, all this litigation is most likely going to be shouldered on the pocketbook of the consumer’”

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Slashdot

Apple asks to appeal patent-infringement case against Google

It looks like Apple is looking to stir up some old issues with Google. Apple has asked the U.S. Court of Appeals for the Federal Circuit in Washington to reinstate the patent-infringement claims it had filed against Google’s Motorola Mobility unit. Apple stated that Google, and several companies, infringed on its touch-screen patents. Apple said

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SlashGear

Tesla Motors Loses Appeal Against BBC’s Top Gear

TrueSatan writes “In a highly detailed decision, the UK Court of Appeal has rejected Tesla’s appeal against an eartlier ruling by a lower court that, too, rejected Tesla’s case. Reading through the decision it is clear that the judge saw Tesla’s case as lacking sufficient detail and specific instances of proof to support each claim. The judge stated that that Tesla’s chances of a successful appeal, should the case have gone to trial, were insufficiently high to justify holding a trial. He stated that Tesla’s case had no real chance of success and in many notes picked appart Tesla’s legal team’s arguments. That said, he did not say that Top Gear were right or justified in portraying Tesla’s vehicle in the way they did — merely that there wasn’t a legal case for an appeal. One of the key flaws in Tesla’s case, according to the judicial decision, was Tesla’s inability to show that actual pecuniary harm, with detailed financial figures, had occurred.”

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Slashdot

US wins appeal in fight to extradite Megaupload founder Kim Dotcom

The United States on Friday won a court appeal in its battle to extradite Internet entrepreneur Kim Dotcom and three of his colleagues from New Zealand.


FOX News

YouTube Files Appeal Against Regulator In Russia Over Content Blocked By New Firewall

YouTube russia screen shotGoogle this week fired off one of the first high profile tests of Russia’s controversial new firewall — erected November 1, 2012 to block child porn, drugs and suicide content; but seen by critics as a route for the government to block whatever else it chooses. Google’s YouTube operation in Russia has filed an appeal against the Russian regulator for blocking YouTube content. The appeal, filed on February 11 by YouTube LLC, concerns the blacklisting of a video that showed how to apply Halloween makeup: because it shows how to make a wound, Roscomnadzor (Russia’s consumer watchdog) also deemed that it encouraged suicide and suicidal tendencies. The video is embedded below.

TechCrunch

Oracle loses appeal of ruling in HP suit

A court has rejected Oracle's appeal of a judge's ruling in the lawsuit Hewlett-Packard brought over Oracle's decision to stop porting its software to HP's Itanium server platform.
Computerworld News

Has CES Lost Its Star Appeal?

An opinion piece by tech writer, David Gilbert, looks at how CES might be losing some of its luster. “It’s hard to know who the Consumer Electronics Show (CES) really benefits. A common perception is that CES is the place where all the major technology companies launch their latest and greatest gadgets. But this is simply not the case. Let’s look at 2012 as an example. Last year’s most talked about consumer technology products (in no particular order) were: the iPhone 5, iPad 3, iPad mini, Microsoft Surface, Samsung Galaxy S3, Google Nexus 7, Amazon Kindle Fire HD and the Wii U. How many were launched at CES 2012? None.”

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Slashdot

AT&T iPad hacker plans to appeal felony conviction

A man who exposed a major privacy weakness that divulged email addresses of iPad users on AT&T's network plans to appeal his conviction on two felony charges.
Computerworld News

EFF: Calling All Geeks – Help Explain To Judges Hearing Oracle v. Google Appeal Why Copyrighting APIs Is Such A Bad Idea

EFFThe Electronic Frontier Foundation (EFF) is asking for help in explaining to the federal circuit why copyrighting APIs is such a bad idea.

The EFF’s request comes after a victory earlier this year when U.S.District Court Judge William Alsup ruled in the Oracle v. Google case that an API cannot be copyrighted.
TechCrunch

That iPhone 5 appeal (or, confessions of a swayed Galaxy S III owner)

I’m an Android user. I love my Samsung Galaxy S III. So why am I punching my details into the iPhone 5 reservation site every day? For the past week or so I’ve been using a borrowed iPhone 5, tracking how it holds up – and where it falls short – to the Android experience

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SlashGear

T-Mobile ordered to pay whistleblower $345k, company will appeal

T-Mobile has been ordered by the US Department of Labor to not only immediately reinstate a whistleblower who voiced concerns over possibly fraudulent roaming charges, but also pay him a whopping $ 345,000 in back pay, lawyer fees, and damages. This order comes after the employee in question alleged that T-Mobile violated the protection the federal

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SlashGear

Apple, Motorola appeal dismissal of patent infringement case

Apple and Motorola Mobility, now a subsidiary of Google, have separately appealed the June decision of a U.S. federal judge to throw out their patent infringement case, according to reports Saturday.
Computerworld News

Apple, Google appeal Posner’s toss-out of patent case

Both companies appeal Judge Richard Posner’s dismissal ruling, which some have seen as a possible catalyst for a patent-system overhaul. Also: Google argues that tech that catches on with consumers should be seen by the courts as a de facto standard.
[Read more]
CNET News

Twitter To Appeal Turning Over Protester’s Messages



angry tapir writes “Twitter plans to appeal a ruling to turn over the once-public tweets of an Occupy Wall Street protester charged with disorderly conduct, a case the company says threatens the First Amendment rights of its users. A New York Criminal Court judge ruled last month that Twitter should turn over the tweets of Malcolm Harris, since his messages were public and are not the same as an email or a private chat, which would require a search warrant.”

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Slashdot

EU court rejects Microsoft antitrust appeal, but shaves 4 percent off its fine

The General Court of the European Union has rejected Microsoft's appeal of a 2008 European Commission antitrust ruling, but has reduced the fine Microsoft must pay from a!899 million (US$ 1.1 billion) to a!860 million.
Computerworld News

Listen to the RIAA’s Appeal In Jammie Thomas Case



NewYorkCountryLawyer writes “The RIAA doesn’t really like free mp3 files floating around but here’s one you can access legally — the audio file of the June 12, 2012 oral argument of the RIAA’s appeal in Capitol Records v. Jammie Thomas-Rasset. At issue in this case are (a) the RIAA’s “making available” theory and (b) the constitutionality of large statutory damages awards for download of an mp3 song file. The lower court rejected the making available theory, and reduced the jury’s verdict to what the judge considered the maximum possible award of $ 2250 per file. I’m predicting the Court will affirm. After listening to the oral argument, what do you think?”

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Slashdot

HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver

HTC One S international

HTC was understandably upset when its first ITC complaint against Apple was tossed out. The company must have since decided that it has bigger fish to fry, as it was just granted a motion to dismiss its federal-level appeal. The choice isn’t a defeat so much as an acknowledgment that other disputes are underway which stand a better chance of surviving scrutiny. As it stands, HTC already has more appeals either on deck or in progress that it will more likely want to pursue, such as the dispute over using Google’s patents as well as its off-again, on-again acquisition target S3 Graphics’ loss at the ITC last year. Apple, naturally, hasn’t been waiting around.

HTC drops federal appeal of ITC complaint exonerating Apple, more arrows remain in the quiver originally appeared on Engadget on Wed, 13 Jun 2012 23:17:00 EDT. Please see our terms for use of feeds.

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Engadget

Google’s New Chromebook: Much Improved, Still With Limited Appeal

google_chromebook_and_boxThe first generation of Google’s Chromebooks worked fine, but few people would have ever described these browser-centric laptops as excellent. Sure, they had some great features, including long battery life and very fast boot-up times, but they never caught on with consumers. For the most part then, they were relegated to being used in schools, libraries and Google’s own campuses (which isn’t necessarily a bad thing). I’m not sure the latest Chromebook, the Samsung Series 5 550 will change that, but it’s a much improved version of Samsung’s earlier ChromeOS effort and thanks to some changes in ChromeOS, it’s now actually a very usable laptop replacement if you are one of the few people who can live without using desktop software.
TechCrunch

Experts differ Oracle’s chances of appeal in Android copyright ruling

Oracle has pledged to appeal a judge's ruling Thursday that Java APIs cited in its lawsuit against Google weren't subject to copyright protection, but legal scholars and attorneys not associated with the case expressed mixed opinions whether that would be successful.
Computerworld News

Supreme Court won’t hear appeal from student hit with $675,000 music downloading fine

The Supreme Court refused Monday to hear an appeal from a Boston University student who was slapped with a $ 675,000 penalty for illegally downloading 31 songs and sharing them on the internet.




FOXNews.com

Mac clone maker Psystar saga ends as Supreme Court denies appeal

The four-year-old saga of Psystar, a Florida Mac clone maker that was crushed by Apple, ended Monday when the U.S. Supreme Court refused to hear its appeal of a lower court decision.
Computerworld News

Supreme Court denies Psystar’s appeal in Mac clone case

The Supreme Court has denied Psystar’s request to review an injunction against it set by a lower court in 2009, and upheld last September.
[Read more]
CNET News

Nokia loses UK patent appeal against IPCom

London's Court of Appeal has dismissed Nokia's attempt to overturn a ruling that it infringed on an IPCom patent. Nokia said the decision won't affect its current products.
Computerworld News

Misleading Ads: ACCC Wins Appeal Against Google



theweatherelectric writes “As previously noted on Slashdot, the Australian Competition and Consumer Commission has been involved in a long-running legal battle with Google. Vijith Vazhayil of Delimiter writes, ‘The Full Federal Court of Australia has ruled that Google breached the law by displaying misleading or deceptive advertisements on its search results pages. The decision follows an appeal by the Australian Competition and Consumer Commission (ACCC), following an earlier decision in favour of Google. The ACCC had first filed the case in July 2007 in the Federal Court alleging that Google had engaged in misleading or deceptive conduct by publishing eleven advertisements on Google’s search results page. The headline of each of the advertisements in question comprised a business name, product name or web address of a competitor’s business not sponsored, affiliated or associated with the particular advertiser.’”

Read more of this story at Slashdot.


Slashdot

Pub owner Karen Murphy wins appeal in TV-decoder battle against Sky

Pub owner Karen Murphy wins appeal in TV-decoder battle against Sky
It’s been a few months since we last heard about the legal kerfuffle between Sky and pub owner Karen Murphy. In case you’ve been out of the loop, it all started when the UK broadcasting giant went after Murphy for using what was deemed to be an illegal method for screening FA Premier League matches at her, or any, bar. The Greece Nova decoder, which is considered a legal bit in the privacy of your own home, was helping Murphy bypass Sky’s £480 ($ 740) required monthly fees for bar owners and saving her over £350 ($ 555) in the process. Now, over $ 260,000 in legal fees later, Mrs. Murphy’s conviction has been overturned by the relentless High Court. The ruling allows her to keep using the troubled Greek gadget to screen any EPL game without facing any troubles — except the occasional drunken fracas. So, now you know where to go the next time you’re in Portsmouth and want to catch a good ol’ footy match.

Pub owner Karen Murphy wins appeal in TV-decoder battle against Sky originally appeared on Engadget on Sat, 25 Feb 2012 04:07:00 EDT. Please see our terms for use of feeds.

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Engadget

Braille texting app could have broader appeal

Designed for the visually impaired, an open-source app out of Georgia Tech could prove to be a texting tool for the masses.
[Read more]
CNET News

Pirate Bay founders lose final appeal in Sweden, prison looms on the horizon

It looks like Pirate Bay‘s legal drama has finally come to a close in Sweden, where the Supreme Court today turned down the site’s final appeal. At the center of the case are the file sharing site’s founders — Fredrik Neij, Peter Sunde and Carl Lundström — who have been battling Swedish prosecutors for quite a few years now. After being convicted of facilitating copyright infringement, the trio was initially sentenced to prison. They appealed the ruling in 2010 and, though they failed to overturn it, managed to see their 12-month sentences reduced by between two and eight months. Today, though, their final attempts were shot down, with the Court’s dismissal. The fines and prison terms remain the same: ten months for Neij, eight months for Sunde and four for Lundström. There’s also a fourth co-founder involved, Gottfrid Svartholm, who has been absent from several hearings. Under today’s ruling, his original 12-month sentence will stand, and the four men will have to pay a total of $ 6.8 million in damages. Because the case has dragged on for at least five years, however, there’s a chance that the sentences could be reduced by 12 months (bringing them down to zero), as is common in the Swedish legal system. The decision on this matter, however, remains with the court. TorrentFreak reports that at least one defendant intends to appeal to the European Court of Justice, though the results wouldn’t have any effect on Sweden’s decision.

Pirate Bay founders lose final appeal in Sweden, prison looms on the horizon originally appeared on Engadget on Wed, 01 Feb 2012 08:11:00 EDT. Please see our terms for use of feeds.

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Engadget

Dutch court rejects Apple appeal, says Samsung Galaxy Tab 10.1 is legal

A court in the Hague has just cleared the Samsung Galaxy Tab 10.1 for sale in the Netherlands, rejecting Apple’s requests for a nationwide ban. As NU.nl reports, a different Dutch court had already issued a similar ruling in October, which Cupertino promptly appealed, claiming that Sammy’s slate was too similar to its own iPad 2. Today, though, the Court of the Hague shot down Apple’s arguments, determining that there are enough differences between the two products to legally justify their coexistence. Granted, this is only one of many patent battles that the two companies are currently waging, but for today, at least, it looks like Samsung has come out on top.

Dutch court rejects Apple appeal, says Samsung Galaxy Tab 10.1 is legal originally appeared on Engadget on Tue, 24 Jan 2012 06:33:00 EDT. Please see our terms for use of feeds.

Permalink Tweakers.net  |  sourceNU.nl  | Email this | Comments
Engadget

Chevy seeks youth appeal with new concepts

Chevrolet launched the Code 130R and Tru 140S concept cars at the 2012 North American International Auto show, intending to capture an emerging youth market with new style.
CNET News

California EPA to appeal ruling that blocks low-carbon rules

Judge rules that state’s landmark low-carbon fuel rules discriminate against out-of-state ethanol providers because they consider impact of transporting fuel to California.
CNET News

Australian court denies Apple appeal, Samsung Galaxy Tab sales ban lifted

Samsung, you win this battle against Apple down under. The Australian court has just officially denied the appeal filed by Apple on their propose sales ban on Samsung’s Galaxy Tab. As of now, Samsung is finally cleared to put the Galaxy Tab 10.1 back on the Australian market late next week, just in time for [...]
SlashGear

Australian High Court just says no to Apple appeal, Samsung breathes a sigh of relief

First, Apple got Samsung’s Galaxy Tab 10.1 banned from Oz, then Sammy got the temporary injunction lifted. Undaunted, Apple vowed to appeal the Korean company’s victory to the High Court of Australia, and today, The Register reports that the court has denied Apple’s appeal. Details are sparse as to why Cupertino’s arguments were unpersuasive, but one thing’s for sure: Samsung’s going to have a much more merry Christmas as a result of its latest legal victory.

[Thanks, Jeremy]

Australian High Court just says no to Apple appeal, Samsung breathes a sigh of relief originally appeared on Engadget on Thu, 08 Dec 2011 20:11:00 EDT. Please see our terms for use of feeds.

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Engadget

A Personal Appeal TO Wikipedia Founder Jimmy Wales

Screen Shot 2011-11-20 at 8.44.25 PMSo we meet again Wales … Yes I know, another holiday season, another reason to poke fun at your silly, scopophobia-inducing banner ads belying the very noble cause of raising $ 29.5 million for an unlimited supply of constantly updated knowledge — FOR WHICH WE ARE ALL VERY THANKFUL JIMMY, I PROMISE.

TechCrunch

Rambus considers antitrust appeal as stock falls

Rambus is considering whether to appeal the Wednesday jury verdict that scuttled its antitrust suit against Hynix Semiconductor and Micron Technologies, which could have required the defendants to pay nearly US$ 12 billion in damages.
Computerworld News

Vooma Peel PG92 case brings dual-SIM capability, added appeal to your iPhone 4, 4S

Vooma’s new Peel PG92 handset case isn’t the first to bring dual-SIM capability to the iPhone 4, but it may be the most elegant. The accessory, which has yet to be released, essentially consists of an extra battery pack and an unlocked SIM slot. All you have to do is download Vooma’s customized app to your jailbroken iPhone 4 or 4S, strap on the Peel PG92, and insert your spare SIM card into the case (judging from the photos, it appears that the device is tailored for mini-SIM cards, rather than micro-SIM). Once that’s taken care of, you’ll be able to place calls via the app and external SIM, using a dialer interface that’s only slightly different from what Apple offers. No word yet on pricing or availability, but you can sign up for more information at Voom’s website, linked below. Otherwise, check out the coverage from our friends at TechCrunch, who managed to get their hands on a pre-release model.

Vooma Peel PG92 case brings dual-SIM capability, added appeal to your iPhone 4, 4S originally appeared on Engadget on Wed, 09 Nov 2011 04:14:00 EDT. Please see our terms for use of feeds.

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Engadget

Psystar Loses Appeal In Apple Case

The dispute between Mac cloner Psystar and Apple has been a long and twisty one; now, reader UnknowingFool writes that “Last week, the U.S. Ninth Circuit Court of Appeals ruled mostly against Psystar in their appeal of their case with Apple. The Court found for Apple in that they did not misuse copyright by having conditions in the OS X license. Psystar won on one point in which some of the court orders should have not been sealed.”

Read more of this story at Slashdot.




Slashdot