Apple's filed for a preliminary injunction (again)

If you found yourself longing for the minor tweaks Samsung made to the Galaxy Tab 10.1 in Germany earlier this year, you may be in luck: Apple’s filed for a preliminary injunction against the slate stateside. It isn’t the first one, either, Cupertino filed something similar back in February, though it didn’t quite pass legal muster. After gaining some headway earlier this week, Cook’s crew is in for round two, according to FOSS Patents, asking for Judge Koh to rule in their favor without a new hearing. Concerned consumers, however, can sidestep the whole mess by simply opting for an injunction-exempt Galaxy Tab 2. Details and speculation can be found at the source link below, just in case you aren’t already sick to death of the whole Samsung / Apple spat.

Apple files (again) for a preliminary ban against the Samsung Galaxy Tab 10.1 originally appeared on Engadget on Sat, 19 May 2012 02:29:00 EDT. Please see our terms for use of feeds.

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SIM cards galoreWith so many people writing about Apple, finding the best stories and reports isn’t easy. Here’s our daily pick of stories about the company from around the Web that you shouldn’t miss:

  • RIM and Motorola may have found a compromise on that nano-SIM battle with Apple. The Verge has the details.
  • iPod, iPhone, iPad…iCar? Near the end of his life, Steve Jobs was dreaming of building an interactive, well-designed car, according to Apple  boardmember and J.Crew CEO Mickey Drexler, Fast Company reports.
  • The iOS App Store is a few months shy of its fourth birthday. MacStories talked to developers about what they hope to see in the App Store in the years to come. (Fair warning: It’s a really long post.)
  • The next iPhone, which is widely reported to have a larger screen, will also reflect the work of Steve Jobs, who Bloomberg reports had a hand in the  development of the device.
  • Aaron Sorkin, who recently signed on for the screenplay version of Steve Jobs’ biography, says not to expect an exact movie version of the book. “It can’t be a straight ahead biography because it’s very difficult to shake the cradle-to-grave structure of a biography,” he said, according to Reuters.

Photo courtesy of Flickr user mroach

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Tragedy struck just after 8 p.m. ET last Wednesday. Bounding down my apartment’s outside steps, I stumbled slightly, and in what resembled one of those slow-motion sequences you see on film, my iPhone 4 went flying out of my hand and over a balcony, landing three floors below with a plasticky smack and spray of glass shards.

You could say I was shocked, stunned and horrified. To clear a few things up: No, as I told my inquiring editor, tequila shots were not involved. Yes, I realize it’s just a phone. But I don’t make a habit out of carelessly destroying expensive things — especially when I’m so close to the end of my AT&T two-year contract and looking forward to a no-penalty upgrade to a new phone circa, say, October.

I’ll jump forward to the end: this is a happy story. I walked out of the Apple Store in Center City Philadelphia at 7 p.m. the following day with a brand new iPhone 4. But the journey was very impressive considering the level of service I received for a product that is not a refrigerator or pricey household appliance. Remember, we’re talking about a phone. (Note: I did not disclose my profession to the Apple Store staff for obvious reasons. Nor do I think every customer does or would have the same experience I did — your mileage at the Genius Bar may vary.)

Apple is famous for customer satisfaction — it scores tops among cell phone owners and computer owners, according to the American Customer Service Index. It’s probably no coincidence that high customer satisfaction scores – and offering professional and prompt technical help goes a long way towards ensuring satisfaction — are happening at the same time as the historic expansion of Apple’s business and the ascendance of its stock price.

After my Genius Bar appointment, Apple sent me its standard follow-up customer survey asking me about my experience. And since I write about Apple, I figured I’d share my answers here, in survey form. I was asked to rate my satisfaction with various aspects of Apple’s service on a scale of very dissatisfied to very satisfied.

Overall, how satisfied were you with your in-store repair experience?

Very satisfied. The morning after the fateful accident, I walked into the Center City store without an appointment. I was immediately greeted and told to come back for the next available time slot at the Genius Bar in 20 minutes. When I returned, I waited about a minute and 30 seconds before my designated Genius, Dan, walked up.

That wait was the only thing about my experience that was short — but we’ll get to that in a minute. Despite a somewhat complicated situation due to a failed iCloud backup, I was consistently updated on what was going on with my device. And the employees acted like they cared about solving my problem. Customer service isn’t necessarily the most rewarding job, so it’s gratifying when an employee understands that your presence means there is a problem and that getting it fixed is important. (Apple has just over 34,000 retail employees, with about 100 assigned to each store. Horace Dediu at Asymco calculated that Apple retail sales employees make from $9 to $15 per hour, but Genius Bar workers can make up to $30 per hour.)

Overall, how would you rate the professionalism and technical ability of the store employees responsible for your repair?

Very satisfied. This was somewhat of an emergency situation for me — it’s hard to get work done as a reporter when your only phone is unusable for calls or apps you might be writing about. The Apple Store employees made me feel like getting a new iPhone right away was a priority for them.

They also were very straightforward with me. They made sure I knew what my options were from the start: I could use my AT&T upgrade for a new iPhone 4S, which would start my two-year contract over again (no thanks), purchase a new iPhone 4S off contract for $500 (eek); or, if I left my broken device with Apple, they’d replace my same model with a new iPhone 4 for $149. I chose the latter.

They also let me know that this is fairly routine. Dropping a phone three stories? Not weird at all — they’ve seen and heard worse. The phone’s screen had a lot of scary-looking shards of glass sticking up from it, and when I apologized for its state, my designated Genius shrugged: “I have chefs’ fingers. I deal with cracked screens like this all the time.”

How many times were you contacted about the state of your repair?

At least 10 times, and I hadn’t even left the store. While my new phone was re-syncing Dan would attend to his other Genius Bar appointments, but he’d continually pop back over to update me on the status of my phone. This went a long way toward making me feel like the situation was resolvable and that they cared about getting me a satisfactory outcome.

Once your repaired product was returned to you, what happened?

This actually wasn’t a simple get-a-replacement-phone-and-resync-it-with-my-latest-iCloud-backup situation. Turns out, after 25 minutes of syncing my new phone, none of my roughly 3,000 photos copied over. This was, you might say, problematic. After some troubleshooting, Dan said iCloud was the culprit: my last iCloud backup had failed. He said I should bring my computer that my phone was synced with in and he’d try again, and made me another appointment later that day.

When I returned with my MacBook Air and my new iPhone, he battled further issues: iPhoto kept crashing, and the latest iTunes backup wouldn’t sync. He tried a few different approaches, and finally ended up finding a solution. This troubleshooting took almost an hour, again, thanks to the sheer number of photos I had on my device. Then once he figured out the fix, it was a least another 45 minutes of syncing.

From the start of the discussion, how long was your interaction at the Genius Bar?

Over the course of two different appointments, I spent just under four hours getting in-person tech support from the Apple Store. While that might sound excruciating, Dan was seriously heroic, never got flustered, and even took time to discuss one of my favorite topics while we were waiting: where to procure Philly’s best pizza. (Osteria on North Broad Street, if you’re wondering.) As someone who works from home or remote locations regularly, it wasn’t really a problem to be nearby the Apple Store all day. But that might be harder for people who have to report to offices.

Plus, when his shift ended at 6 p.m., he found another Genius to check in on me while we waited for my syncing to finish so they’d be sure my problem was entirely fixed before I left the store.

In the end, yes, it took a while, and iCloud has some serious issues to work out. But I left with a new phone, only $160 and some change poorer. And, perhaps more importantly, a lot of customer goodwill — an asset that even the most valuable company in the world can’t put a price on.

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With so many people writing about Apple, finding the best stories and reports isn’t easy. Here’s our daily pick of stories about the company from around the Web that you shouldn’t miss:

  • Apple number cruncher Horace Dediu at Asymco took at stab at calculating how much of Apple’s revenue comes from Google. What he came up with suggests that Apple makes more money from Google than Google does from Android:  ”$1.4 billion from Google to Apple vs. $600 million from Android to Google.” Read his analysis to find out how he got there.
  • Turns out the Apple retail juggernaut he helped create can’t be duplicated in a few quarters. Former Apple VP and current J.C. Penny CEO Ron Johnson is coming under fire from his investors for falling sales and a huge stock drop just six months after he joined, Reuters reports.
  • There’s been a lot of talk about Apple doing a MacBook with a high-resolution Retina display. Sounds great, but how feasible would that be? ZDNet does the analysis.
  • The Flashback malware threat exposed some serious lapses in Mac security. But what did the creators get out of it? Pretty much nothing, according to Symantec: The botnet “managed to generate around 400,000 ad clicks out of roughly 10 million being displayed,” and they’re having trouble collecting from pay-per-click services who employ anti-fraud measures, says Ars Technica.
  • Just a day after Greenpeace protested outside Apple’s headquarters about its data center’s reliance on coal power, Reuters reports that Apple plans to build solar farms next to its North Carolina data center and move toward only renewable resources at the site by the end of this year. Katie wrote about this earlier in the year.

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With so many people writing about Apple, finding the best stories and reports isn’t easy. Here’s our daily pick of stories about the company from around the Web that you shouldn’t miss:

  • Get ready for snappy, overlapping dialogue and fast-paced walk and talks with Steve Jobs: The movie adaptation of Walter Isaacson’s Jobs biography will officially be penned by The West Wing and The Social Network writer Aaron Sorkin, reports Slash Film. (This is virtually guaranteed to be less awful than the competing Jobs project starring Ashton Kutcher.)
  • Sprint CEO Dan Hesse did his best Honey Badger impression during Sprint’s earnings call this morning. Despite shareholder concern about the large investment necessary to sell the iPhone and knowing that it won’t be profitable until 2015, Hesse isn’t worried. According to AllThingsD, he said, “We believe in the long term. And over time we will make more money on iPhone customers than we will on other customers.”
  • You know how Apple and China Mobile have been in talks for years about offering the iPhone on China’s largest mobile carrier? Well,  those talks are continuing, according to the carrier’s new chairman, Xi Guohua. “China Mobile and Apple both have the will to strengthen cooperation,” he said at a company meeting Wednesday, without offering any more specific details, Bloomberg reports.
  • Greenpeace tries to get Apple’s attention on coal-powered server farms with protestors dressed as iPhones and a pod-like capsule that projected protest messages onto Apple’s Cupertino headquarters on Tuesday. Gizmodo has the (bizarre) pictures.
  • Washington insiders may be miffed that Apple doesn’t follow standard D.C. practice in lining politicians’ pockets with donations, but the company isn’t a stranger to high-ranking officials. Here’s the latest proof: this photo, posted by Fortune, shows Apple CEO Tim Cook meeting with John Boehner, Speaker of the House of Representatives, on Tuesday.

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In a strongly worded opinion, US District Judge Denise Cote rejected requests by Apple and five book publishers to throw out a class action suit that accuses them of price-fixing.

Citing ongoing state, federal and international antitrust investigations, Cote turned down arguments that Apple and the publishers had acted independently when they changed the pricing model for e-books. (For more details on the case, see “Everything you need to know about the DOJ lawsuit in one post.”)

Cote’s opinion is at times remarkable for the emphatic language in which she decries the alleged conspiracy. It is also noteworthy for citing the late Steve Jobs on several occasions to suggest that Apple was at the center of it:

In short, Apple did not try to earn money off of eBooks by competing with other retailers in an open market; rather, Apple ‘accomplished this goal by [helping] the suppliers to collude, rather than to compete independently.’

[...]

Finally, Jobs’ prescient prediction at the iPad launch that the prices consumers would be paying for eBooks would all ‘be the same’ and the other quotations from Jobs, Murdoch and Sargent, combine to provide ample evidence that the Publisher Defendants had agreed with each other to undertake collective action to raise eBooks’ prices and that Apple intentionally and knowingly joined that conspiracy.

Apple has argued that its entry to the e-book marketplace was pro-competitive at a time when Amazon controlled 90 percent of e-book sales. The company has also stated that it had no motive to raise e-book prices at a time when it was looking to attract content onto its new iPad tablet.

Cote said Apple had the motive to act as the hub of a conspiracy:

Finally, the fact that Apple might have had different motivations for joining the conspiracy, and was involved in only a portion of it, does not undermine the existence of the conspiracy itself or Apple’s role as a participant.

Cote does not address what may have been the plaintiffs’ strongest argument for an Apple conspiracy — that Jobs conspired with the publishers in order to slow Amazon’s rise into the tablet market.

What it means in the bigger picture

Judge Cote’s ruling came in response to a request by Apple and five publishers to dismiss the case. It does not mean that the companies are liable for price-fixing, but rather that the class action lawyers can go forward in bringing the case to trial.

Cote’s strong language, however, reinforces that Apple and the publishers may be in a deep hole. Three of the publishers (Hachette, Harper Collins and Simon & Schuster) have already settled an antitrust lawsuit with the Department of Justice and agreed to change their pricing practices.

The three publishers are also in negotiations with state governments under which they are likely to pay tens of millions in consumer restitution. In plain English, this means that people who bought an e-book in the last few years may receive a small settlement payment.

The publishers appear to have entered negotiations with the states (led by Connecticut and Texas) in order to escape the clutches of the class action lawyers. Any settlement would largely excuse them from having to pay again in the class action suit.

That leaves two publishers — Penguin and Macmillan — as holdouts. Both Macmillan CEO John Sargent and Penguin CEO John Makinson have stated that their companies did nothing wrong.

Apple is unlikely to budge, in part because the pricing system it used with the publishers (in which takes a 30 percent commission) is the same one it uses with providers of other types of content. In the past, Apple has been anything but shy about litigating.

Here’s a copy of the opinion (note: Thanks to Porter Anderson for noting that highlighting in a previously-posted complaint obscured the text. I’m posting an unmarked version instead. Apologies for the inconvenience) :

Judge Cote’s Refusal to Dismiss Unmarked)http://www.scribd.com/embeds/93715706/content?start_page=1&view_mode=list&access_key=key-1rokr05cn7zyjn5szury

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As the most powerful programming brand on cable television, you’d expect that ESPN would spend the day of its upfront presentation bolstering its still-very-lucrative linear television business.

But the Disney-owned sports channel spent most of Tuesday hyping — and shooting down rumors about — new digital initiatives.

Notably, an ESPN spokesperson denied a Bloomberg report that earlier stated that ESPN and Apple executives are in talks to make the authenticated TV Everywhere app WatchESPN available on Apple TV.

That’s not to say a deal is never going to happen.

Bloomberg quoted Sean Bratches, ESPN executive VP of affiliate and advertising sales, as saying his company would be open to a deal with Apple that would allow subscribers of select multichannel TV services password-protected access to ESPN programming on the over-the-top Apple TV platform.

ESPN already has a deal in place with Apple to let subscribers of select multichannel services, including No. 1 provider Comcast, stream its sports news on iOS mobile devices the iPad and iPhone. And in the living room, Comcast Xfinity subscribers can also stream ESPN programming on Microsoft’s Xbox gaming consoles.

“To the extent that in the future there’s an opportunity with Apple to authenticate through the pay-TV food chain as we’re doing with Microsoft, that’s something that we will participate in,” Bratches told Bloomberg.

Just don’t get your hopes up for anything to happen soon.

“We’re not having conversations with Apple about authenticating WatchESPN,” ESPN spokeswoman Amy Phillips re-iterated to paidContent.

Double-teaming brands with Twitter

At its upfront presentation earlier in the day, ESPN unveiled an advertising partnership with Twitter that will allow the social media giant to monetize all those tweets that occur around big-ticket sports events. (During the final three minutes of February’s Super Bowl, for example, Twitter reported that 10,000 tweets per second were being transacted on its network.)

The collaboration will kick off with next month’s NBA Finals coverage. Studio analysts for ESPN’s NBA Tonight highlights/analysis show will encourage viewers to tweet their painted “game faces” with the hashtag #gameface, with the most telegenic of the lot presented on the linear broadcast.

Twitter and ESPN will be co-sell the campaign through promoted tweets and trends, as well as product plugs on Disney’s ABC, ESPN and ESPN.com channels. The cross-platform offering will be sold to sponsors as a single package.

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With so many people writing about Apple, finding the best stories and reports isn’t easy. Here’s our daily pick of stories about the company from around the Web that you shouldn’t miss:

  • Not everyone thinks Apple will do a television set. Pacific Crest analyst Andy Hargreaves makes a case against it, including that “investment in Apple television makes little sense without a unique” content offering. Read Fortune’s take here.
  • Remember Psystar? A string of judges said the company was not entitled to sell their own computers with Apple’s OS X operating system, still they took their appeal to the U.S. Supreme Court. On Monday, the justices declined to hear the case, CNET reports.
  • Despite our earlier fears, Apple is helping OS X Leopard users with last month’s malware issue after all. Ars Technica has the details on Apple’s new Flashback removal tool for Leopard.
  • Following a flurry of both rumors and news about what Apple has planned in the coming months, PC World has a good forecast of what we could see (or not) at WWDC in June.
  • Despite changing the name from iPad with Wi-FI + 4G to iPad with Wi-Fi + Cellular, Apple is not off the hook in Australia. The country’s top watchdog group, the Australia Competition and Consumer Commission, that sued the iPad maker over the product name for being misleading will still get its day in court with Apple, writes the SmartHouse blog.

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Apple issues Leopard update with Flashback removal tool

Folks still rocking Apple’s Leopard may have been feeling left out after Lion and Snow Leopard both got an update for addressing that Flashback malware. If you’re one of them, you’ll be glad to know that Apple has finally issued a Leopard fix that comes with a removal tool for the virus afflicting Apple’s big cats. In addition to a 1.23MB Flashback update, Apple also released a second 1.11MB fix for Leopard that disables versions of Adobe Flash Player that don’t have the requisite security updates. Both should further whittle down the number of Apple computers affected by the Flashback trojan. For the actual updates, feel free to pounce on the source links below.

Apple issues Leopard update with Flashback removal tool originally appeared on Engadget on Tue, 15 May 2012 04:01:00 EDT. Please see our terms for use of feeds.

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Robbie Bach

It took some time after Robbie Bach left Microsoft for the Zune device line to wind to a close, but that hasn’t stopped the former music (and gaming) executive from suggesting that it should have been ramped down much, much sooner. While discussing the best way to get a startup company humming at a Northwest Entrepreneur Network event, Bach mentioned his view that Microsoft should never have started down the MP3 player path to start with and should have instead gone service-only. The Zune was a too-little-too-late reaction to the iPod, according to him, and the option to squirt your songs apparently wasn’t enough of a lure:

“We just weren’t brave enough, honestly, and we ended up chasing Apple with a product that actually wasn’t a bad product, but it was still a chasing product, and there wasn’t a reason for somebody to say, oh, I have to go out and get that thing.”

We’ve had some affection for the Zune in the past, but there’s no denying that it faced an uphill battle from the start. Sales leveled off almost immediately, and the damage was primarily to smaller competitors like Creative and SanDisk that couldn’t throw their weight around the way Microsoft did.

Ex-Microsoftie Robbie Bach: I wouldn’t have made Zune MP3 players, we were just ‘chasing Apple’ originally appeared on Engadget on Mon, 14 May 2012 21:36:00 EDT. Please see our terms for use of feeds.

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