Archive for Lawsuit

Bose Gets Accused Of Spying On It’s Users

Posted in Commentary with tags , on April 20, 2017 by itnerd

A class action lawsuit has been filed after a owner of a pair Bose headphones allegedly discovered how much personal information that the Bose Connect app was sending to Bose. This allegedly included songs listened to, for how long, and when.

Court documents [Warning: PDF] state that Kyle Zak bought himself a pair of Bose QuietComfort 15 wireless headphones in March, and downloaded the Bose Connect smartphone app that allows the user to control the headsets from their phone. Bose’s app collects data on what kind of songs he was listening to, and for how long, along with a personal identifier code. The lawsuit says these records are routed to a data mining firm called which advertises that it can “collect all of your customer data and send it anywhere.” The thing is, he never gave anyone permission to collect his data and send it anywhere. Plus he claims that he wouldn’t have bought these headsets had he known that Bose was doing this.

For giggles I borrowed a pair of Quiet Comfort 35 headsets and downloaded the Bose Connect App onto my iPhone and discovered that he might have a point. For example, you need to give the app access to GPS data which makes zero sense to to me seeing as you are listening to music which the last time I checked, didn’t require you to give out your location to do so. But the flipside to that is that there’s a section in the software detailing Bose’s privacy policy that clearly states that the app collects data and sends it to third parties. So perhaps this individual missed that part. But I am a computer nerd and not a lawyer.

Now none of this has been proven in court. But if it is, he wants $5 million in his bank account. Bose hasn’t commented, but I for one can’t wait to see what they come back with.


Apple Sued Over “Touch Disease” On iPhone 6

Posted in Commentary with tags , on August 30, 2016 by itnerd

Last week,  iFixit published a blog post that brought to light an issue that is plaguing a growing number of iPhone 6 and iPhone 6 Plus users. They called it  “Touch Disease.” But whatever you call it, it is a hardware problem causes iPhone displays to become unresponsive and feature a thin gray flickering line along the top. At the time that I posted, I figured it would not be long before someone sued over this. Sure enough, three people have via a class action lawsuit:

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California’s consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Now, iFixit argues that every iPhone 6 are “ticking time bombs” when it comes to this so this might be a serious problem for Apple, as well as bad press that they really don’t need seeing as they’re about to launch the new iPhone on September 7th. We’ll see if that’s true or not in court shortly.

Kick Ass Torrents Kicked In The Ass By Cops

Posted in Commentary with tags on July 21, 2016 by itnerd

The world’s largest torrent site known as Kick Ass Torrents is no more. As reported by TorrentFreak, Artem Vaulin a.k.a “tirm” who is reputed to be the person who is suspected to be the owner of this site was arrested yesterday in Poland and charged for criminal copyright infringement and money laundering.

The and .TV domains will likely be seized by Verisign, while the main .CR domain and others will likely be seized as warrants will be issued and sent to the respective authorities.

The US now awaits his extradition where I am sure he’ll have a fun time.

FTC To Amazon: Kids Making In App Purchases Is Your Fault

Posted in Commentary with tags , on April 28, 2016 by itnerd

Apple got hit with this a while ago, and now it’s Amazon’s turn to get smacked over in app purchases by kids. The FTC said this in a news release:

The judge’s order in the case finds that Amazon received many complaints from consumers about surprise in-app charges incurred by children, citing the fact that the company’s disclosures about the possibility of in-app charges within otherwise “free” apps were not sufficient to inform consumers about the charges.

“We are pleased the federal judge found Amazon liable for unfairly billing consumers for unauthorized in-app purchases by children,” said FTC Chairwoman Edith Ramirez. “We look forward to making a case for full refunds to consumers as a result of Amazon’s actions.”

The order calls for further representations from the FTC and Amazon regarding the precise amount of monetary relief Amazon owes consumers as a result of its unlawful practices. In addition, the order grants a partial summary judgment requested by Amazon regarding injunctive relief requested by the FTC in the case.

The next step is for the FTC and Amazon to figure out how much the latter has to pay up. Whatever that number is, it will likely not be a small one. You can expect that other companies that offer in app purchases will be getting a call from the FTC as they are batting 1000 on this front.

e-Book-Gate Appears To Be Over…. Apple To Pay Up

Posted in Commentary with tags , on March 7, 2016 by itnerd

Bloomberg is reporting that The United States Supreme Court has declined to hear an appeal from Apple in regards to being found guilty of fixing e-Book prices in the US:

The justices turned away an appeal by Apple, leaving intact a federal appeals court ruling favoring the U.S. Justice Department and more than 30 states that sued.

The rebuff means Apple must comply with a settlement it reached with the states in 2014. The accord calls for Apple to pay $400 million to e-book consumers, $20 million to the states, and $30 million in legal fees.

So this appears to be over and you can close the book on this case. And as usual, the only winners appear to be the lawyers.

Canadian Court Rules Cops Can’t Troll Cell Tower Data To Solve Crimes

Posted in Commentary with tags , on January 14, 2016 by itnerd

An Ontario judge has ruled there was a breach of the Canadian Charter of Rights and Freedoms in situations where Cops grab large amounts of data from cell phone towers to use to solve crimes. Here’s the details from the CBC:

[Justice John] Sproat was ruling in a case where police in Peel Region, west of Toronto, obtained a court order for the names, numbers, addresses and banking details of every mobile-phone user whose signals were bouncing off various cellphone towers during a series of jewelry-store robberies in early 2014.

Rogers and Telus challenged the court order as a breach of privacy that would have involved giving police information about more than 40,000 customers, nearly every one of them innocent. Telus officials told the court it was the “most extensive” police demand for customer data the company had ever received.  

“We thought that crossed the line and was too broad and intrusive,” said David Watt, chief privacy officer for Rogers Communications Inc., in a statement e-mailed to CBC News on Thursday. “We’re glad the court agreed.”

What I like about this decision is that it make it clear that Cops can’t just troll large amounts of data in the hopes of finding criminals. Clearly the judge felt that there has to be a reasonable expectation of privacy and Cops need to be surgical in their approach to solve crimes.

Now the decision is being reviewed by the Ministry of the Attorney General of Ontario. That means that it is possible that this decision may be appealed. Thus you might want to watch this space for updates.

Oracle Settles With FTC Over Failure To Remove Old Java Versions

Posted in Commentary with tags , on December 22, 2015 by itnerd

If you still run the Java plug in for whatever reason, you might have notice as of late that when you install or update Java, it will check and offer to remove older versions of Java on your system. That’s a great idea as it ensures that you’re protected from threats that the older versions might have.

The problem is, it didn’t really work. Here’s what the FTC says on that front:

In its complaint, the FTC alleges that Oracle promised consumers that by installing its updates to Java SE both the updates and the consumer’s system would be “safe and secure” with the “latest… security updates.” During the update process, however, Oracle failed to inform consumers that the Java SE update automatically removed only the most recent prior version of the software, and did not remove any other earlier versions of Java SE that might be installed on their computer, and did not uninstall any versions released prior to Java SE version 6 update 10. As a result, after updating Java SE, consumers could still have additional older, insecure versions of the software on their computers that were vulnerable to being hacked.

What’s really bad about this is that Oracle knew about this as early as 2011.


To make this go away, Here’s what Oracle has been ordered to do:

Under the terms of the proposed consent order, Oracle will be required to notify consumers during the Java SE update process if they have outdated versions of the software on their computer, notify them of the risk of having the older software, and give them the option to uninstall it. In addition, the company will be required to provide broad notice to consumers via social media and their website about the settlement and how consumers can remove older versions of the software.

The consent order also will prohibit the company from making any further deceptive statements to consumers about the privacy or security of its software and the ability to uninstall older versions of any software Oracle provides.

The FTC has published a blog post for consumers with more information about Java SE’s update issues.

My advice for a very long time has been not to run Java at all. Now would be a really good time to get rid of it. If you want to go ahead and make yourself a whole lot safer, visit where there are instructions on how to uninstall older versions of Java SE. This webpage also provides a link to the Java SE uninstall tool, which you can use to uninstall older versions of Java SE.