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Legal

Hearing on Gizmodo iPhone warrant scheduled

A judge in Silicon Valley will hear arguments later this week in a dispute over unsealing records about the criminal investigation into what may have been a prototype iPhone purchased by a gadget blog.

San Mateo County Judge Clifford Cretan has scheduled a hearing for 9 a.m. PDT Friday in his courtroom in Redwood City, Calif. Cretan previously approved a police request to search the home office of Gizmodo editor Jason Chen, a decision that unleashed a torrent of speculation about the legality of searching a journalist's workplace and whether Apple instigated the raid.

Media organizations including CNET, … Read more

Report: Apple developing a Flash alternative

The heated battle between Apple and Adobe Systems over Flash may get a bit more interesting, as reports of a Flash alternative being developed by Apple begin to surface.

The technology, called Gianduia, was introduced by Apple last summer at its World of WebObjects Developer Conference, according to an AppleInsider report. Gianduia is described as being "a client-side, standards-based framework for rich Internet apps."

Apple has apparently been using Gianduia in several of its retail support applications, including services such as the One to One program, the iPhone reservation system, and the Concierge program for Genius Bar and … Read more

Nokia hits Apple with new lawsuit over iPad

Nokia upped the ante in its patent dispute with Apple on Friday, filing a new suit in Wisconsin over the iPad.

Five Nokia patents are asserted in the new case against the iPad 3G and the iPhone, Nokia announced in a press release. "The patents in question relate to technologies for enhanced speech and data transmission, using positioning data in applications and innovations in antenna configurations that improve performance and save space, allowing smaller and more compact devices," Nokia said.

Nokia kicked off this legal dispute last year when it sued Apple for infringing on several of its … Read more

Judge nixes media request for iPhone warrant

REDWOOD CITY, Calif.--A San Mateo County judge on Thursday refused to consider a request by media organizations to learn the justification police used to search a Gizmodo editor's home for information about the sale of a possible iPhone prototype.

Judge Stephen Hall rejected the group's request for a hearing on Thursday, instead assigning it to the judge who granted the search warrant last month and who is expected to hear arguments next week.

The District Attorney's Office opposed the request filed by CNET, the Associated Press, Bloomberg, the Los Angeles Times, and other news organizations in … Read more

Court fight brews over unsealing iPhone records

An attorney for the 21-year-old Silicon Valley resident who found what appears to be Apple's prototype iPhone in a bar is expected to oppose a request by CNET and other media organizations to unseal court records relating to the investigation.

A coalition also including the Associated Press, Bloomberg News, the Los Angeles Times, and Wired.com has prepared a 7-page legal brief that will ask a court to unseal the detective's affidavit used to obtain a search warrant nearly two weeks ago. A hearing has been tentatively scheduled in the San Mateo County courthouse for 2 p.m. … Read more

Apple, the App Store, and antitrust (FAQ)

Apple may be the latest tech company to be in federal trustbusters' crosshairs.

Changes to the company's developer agreement have prompted both the Federal Trade Commission and the Department of Justice to consider whether Apple might be unfairly squeezing out competitors. Both the restrictions on programming languages used to create iPhone apps and the way it plans to use data from its new iAd platform are at issue.

No formal charges have been filed, and there are plenty of open questions regarding what could happen to Apple. Here are some frequently asked questions regarding a potential antitrust investigation.

Why … Read more

Media want Gizmodo court records in iPhone probe

The justifications police gave for searching the home of a Gizmodo editor in the criminal investigation of an iPhone prototype should be public, CNET is preparing to tell a judge this week.

A group that also includes the California-based First Amendment Coalition and prominent news organizations is drafting a legal brief that will ask a court to unseal the detective's affidavit used to obtain a search warrant nearly two weeks ago. San Mateo County prosecutors have persuaded a judge to seal all the records of the case.

Making those documents public could reveal whether prosecutors and Superior Court Judge … Read more

Apple in antitrust crosshairs?

The federal government is reportedly poking around Apple's requirement that software developers only use its--or neutral--programming tools.

The New York Post reports that the Department of Justice and Federal Trade Commission are pondering an antitrust inquiry into Section 3.3.1 in Apple's iPhone 4.0 software developer kit license agreement.

Here's the section, which is largely viewed as the no-Adobe-Flash-allowed part:

3.3.1 -- Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. Applications must be originally written in Objective-C, C, C++, or … Read more

A short history of Apple's aggressive legal tactics

The missing iPhone 4G purchased and publicized by Gizmodo last week has developed into a legal soap opera taking some rather dramatic turns. The story line has involved police breaking down the door of a blogger, his computers being seized, and the local authorities tracking down the people who found and sold it.

We also know that Apple reported the phone missing to the local authorities, who then initiated a criminal probe, both into the person who sold the device, revealed by Wired.com Thursday as 21-year-old Brian J. Hogan, and the party that purchased the prototype iPhone for $5,… Read more

The people involved in sale of lost iPhone revealed

The saga of the lost prototype iPhone started with a 21-year-old Silicon Valley resident who says he regrets not trying harder to find its real owner, according to a published report.

Brian J. Hogan, a 21-year-old resident of Redwood City, Calif., is the person who found the iPhone and was paid by Gizmodo, according to a story published on Thursday by Wired.com.

Hogan's lawyer issued a statement to Wired and said Hogan was in the bar with friends when another patron handed him the phone after finding it on a nearby stool, asked around if anyone owned it, … Read more