If AT&T throttles you, are you entitled to $850?

In a decision that will inevitably lead to similar cases in the future, Associated Press reported a judge in California awarded an iPhone user $850 in a small claims case filed against AT&T that found the carrier guilty of throttling data speeds on the iPhone 4′s unlimited data plan. According to the iPhone user, who was grandfathered in to the unlimited data plan, his data was throttled after reaching between 1.5GB to 2GB of data in any given billing cycle:



Pro-tem Judge Russell Nadel found in favor of Matt Spaccarelli in Ventura Superior Court in Simi Valley. Spaccarelli filed a small claims case against AT&T last month, arguing the communications giant unfairly slows speeds on his iPhone 4′s unlimited data plan…Nadel’s ruling could pave the way for others to follow suit. AT&T has some 17 million customers with “unlimited data” plans that can be subject to throttling, representing just under half of the company’s smartphone users.
When asked for comment, AT&T said:

“This is a small claims matter. We are evaluating next steps, including appeal. But at the end of the day, our contract governs our relationship with our customers.”
There is a possibility AT&T will appeal the judge’s decision. AP said AT&T Area Sales Manager Peter Hartlove “argued in court that his employer has the right to modify or cancel customers’ contracts if their data usage adversely affects the network.”

As of October 2011, AT&T officially began throttling data speeds of the top 5 percent of heavy data users and told us last month “throttling only applies to top users with grandfathered unlimited plans.” At that time, an AT&T spokesperson provided us with the following explanation:

For AT&T, throttling only applies to top users with grandfathered unlimited plans. As we said last summer, smartphone customers with unlimited data plans may experience reduced speeds once their usage puts them in the top five percent of our heaviest data users. We will continue to send reminders and communicate with these customers ahead of time as their usage approaches the top five percent.





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- Posted using my iPhone 4

Apple Working on Sub $400 Device With 7-Inch Screen?

Apple is reportedly working on a sub $400 device with a 7-inch screen, according to M.I.C. Gadget.

The device, excelling in iOS gaming and multimedia, will come with a tapered design seen in the iPad 3. It will be offered with a low voltage ARM processor, a powerful GPU, and a large battery. It will enter into developing nations like Brazil and China, and compete with the smaller tablets. It will have some sort of wireless keyboard that's not efficient on power, so a low voltage ARM chip is being used. The device will get a Q4 release date, as Apple is preparing to release it in time for Christmas 2012.

Notably, the Wall Street Journal recently claimed that Apple is qualifying suppliers for an 8-inch tablet.

Rumors of a smaller iPad have been circulating for a long time; however, Steve Jobs always maintained that 7-inch tablets would be 'dead on arrival'.


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- Posted using my iPhone 5

Apple is Building the Nation's Largest End User Solar Array

Apple has announced that to support its data center in Maiden, North Carolina, it is building the nation's largest end user-owned solar array.

Our new data center in Maiden, North Carolina, demonstrates our commitment to reducing the environmental impact of our facilities through energy-efficient, green building design. The facility has earned the coveted LEED Platinum certification from the U.S. Green Building Council. We know of no other data center of comparable size that has achieved this level of LEED certification. Our goal is to run the Maiden facility with high percentage renewable energy mix, and we have major projects under way to achieve this - including building the nation's largest end user-owned solar array and building the largest nonutility fuel cell installation in the United States.

The news comes via a report on Apple's environmental footprint. In October, permits issued by Catawba County show that Apple had been approved to reshape the slope of some of the 171 acres of vacant land it owns on Startown Road, opposite the data center, in preparation of building a solar farm.





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- Posted using my iPhone 5

Barclays Pingit App Lets You Send Money to a Mobile Number

Barclays Pingit App for iPhone lets you send money using just a mobile number.

Barclays Pingit is an easy way to send and receive money using your UK mobile phone. The app is free to download and use*, payments are secure and it takes seconds for money to arrive.

If you have a Barclays current account, you can use the Barclays Pingit app to send and receive money. If you bank elsewhere, you can register online at www.barclays.co.uk/pingit to receive payments. Soon anyone with a UK current account will be able to use the app to send money too, subject to meeting the criteria below.

Send money
You can send up to £300 a day to family, friends and small businesses using just a mobile number, as long as you have a UK Barclays current account. Soon everybody will be able to use Barclays Pingit to send money even if their current account is with another UK bank.

Receive money
Anyone with a UK current account can register to receive payments, so you don't have to share your bank details when asking someone to send you money. If you don't have a Barclays current account or simply want to receive payments from other Barclays Pingit users, you just need to register online at www.barclays.co.uk/pingit.

Find branches and ATMs
The Barclays Pingit app also lets you find your nearest Barclays ATM or branch and, if you're a Barclays current account customer, you can view the balance of your linked account.

You can download the Barclays Pingit app from the UK App Store.


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Settlement of 'Antennagate' Lawsuit Gives iPhone 4 Buyers $15 or a Free Bumper

A settlement has finally been reached in the class action lawsuit against Apple and the iPhone 4 antenna, reports CNET.

The preliminary approval announced Friday afternoon will give all US residents who bought the iPhone 4 a free bumper or a $15 check provided by Apple.

The settlement comes from 18 separate lawsuits that were consolidated into one. All share the claim that Apple was "misrepresenting and concealing material information in the marketing, advertising, sale, and servicing of its iPhone 4--particularly as it relates to the quality of the mobile phone antenna and reception and related software."

Apple is forced to send emails to all US buyers by April 30, 2012 notifying them of the settlement. The site, www.iPhone4Settlement.com, will go live in the coming weeks with instructions on the settlement and how to make a claim.

Antennagate started when the iPhone 4 was released and users noticed poor reception when gripping the antenna. It quickly turned into a PR nightmare for Apple. Eventually, Apple held a press conference dismissing any problems with the antenna, but did give a free case to early iPhone 4 buyers.



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- Posted using my iPhone 4

Apple Sold More iOS Devices Last Year Than Macs in the Past 28 Years

Apple sold more iOS devices in 2011 than it sold Macs in the last 28 years, notes Horace Dediu of Asymco.

The iOS platform as a whole reached 316 million cumulative units at the end of last year. The iOS platform overtook the OS X platform in under four years and more iOS devices were sold in 2011 (156 million) than all the Macs ever sold (122 million).

Check out the chart below...


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- Posted using my iPhone 5

Apple iPhone Meets the Samsung Galaxy Note by JoyofTech

The Joy of Tech illustrates how an encounter between the Apple iPhone and Samsung Galaxy Note might go.

Take a look below...


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Apple Asks Judge for Permission to Sue Bankrupt Kodak

Apple has asked a bankruptcy judge for permission to sue Kodak for infringing on patents that cover technologies used in its printers, digital cameras, and digital picture frames, reports Bloomberg.

Apple said in a filing yesterday in U.S. Bankruptcy Court in New York that it intends to file a complaint against Kodak at the International Trade Commission and a corresponding suit in U.S. District Court in Manhattan based on patent-infringement claims. The suit will seek an order blocking Kodak's infringement, according to the filing.

The law doesn't prevent the filing of Apple's suit; however, the company says it wants to be extra cautious.

"Apple requests express authority from this court before it initiates the actions out of an abundance of caution," the company's lawyers wrote.

Kodak can ask the court to halt the district case until the ITC makes its ruling but Apple says a court order on that request "is not required before Apple commences" its lawsuits.

Apple has also objected to a Kodak ITC complaint alleging that Apple infringes on Kodak patents saying, "It is against the public interest for the commission to expend its resources initiating and prosecuting an investigation when it is known, based on Kodak's own admissions, that Kodak will be selling the asserted patents and divesting itself of the parts of its business"

Kodak has responded saying, "Apple should not be using the bankruptcy to seek to disrupt Kodak's enforcement of its patents given that infringers like Apple, who continue to violate Kodak's intellectual property rights and refuse to properly compensate it, have contributed to Kodak's current circumstances."


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- Posted using my iPhone 5

Proview Seeks to Stop iPad Shipments Out of China

Proview is petitioning Chinese customs to stop shipments of Apple iPads, reports Reuters.

The company claims to own to the 'iPad' trademark in China and plans to stop shipments of the table going in and out of the country. Proview won a lawsuit over the trademark late last year and is now looking to enforce the court's ruling.

Just yesterday it was reported that Chinese authorities had confiscated some iPads from a retailer on the basis of trademark infringement.

Apple says it bought the worldwide rights to the trademark long ago.

"We bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter," an Apple spokeswoman said.

On January 5th Apple filed an appeal with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court.




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- Posted using my iPhone 4

Apple Forces Pegatron to Stop Manufacturing Asus Zenbook

Apple has forced Pegatron to stop manufacturing the Asus Zenbook with the threat of pulling its iPhone orders, according to the Commercial Times.

9to5Mac reports on the Chinese article which said the similarities between the MacBook Air and the Zenbook instigated Apple to demand that Pegatron choose sides.

Pegatron will reportedly stop manufacturing the Zenbook family by the end of March and Asustek will have to outsource their manufacturing to Compal or Wistron.


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- Posted using my iPhone 5

Chinese Authorities Confiscate iPads From Retailers for Trademark Infringement

Chinese authorities have reportedly begun confiscating iPads from local retailers following the a verdict that Apple infringed on the iPad trademark owned by Proview in the country, reports Digicha.

Apparently as a result of the Proview iPad trademark infringement verdict, some local Administrations of Industry and Commerce (AIC) have started to confiscate Apple ($AAPL) iPads they find on sale. The article claims that many stores and resellers have taken the products off their shelves to avoid discovery by authorities, but if you ask for an iPad you can still buy one. It is not clear if this is going to happen nationwide or if this is just the action of a handful of local authorities, but Apple has a lot of risk in this case.

Proview reportedly plans to ask for 10 billion yuan ($1.5 billion USD) in compensation from Apple.

Apple filed an appeal on January 5th with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court. Apple says that a Proview subsidiary in Taiwan sold the trademark rights to a UK company called "IP Applications" which then sold the mark to Apple in 2010.




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- Posted using my iPhone 4

Introducing iBalls: The Ultimate Retina Display Humor

Scoopertino humorously reports on Apple's latest product 'iBalls', the ultimate Retina Display.

With its new iBalls technology, Apple has created superior eyes. Once installed, iBalls allow you to choose between five different modes of vision: normal, microscope, telescope, wide-angle and sepia.

Even better, iBalls allow you to take 8-megapixel still photos with one eye, 3D photos using two eyes, and upload a 24/7* video record of your life to iCloud in glorious 1080p.

Take a look at the product page below...


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- Posted using my iPhone 5

iOS Web Traffic Now Exceeds Mac OS X Web Traffic

Web traffic from iOS has exceeded that from Mac OS X for the first time, according to a study by Chitika Insights.

The study analyzed US traffic data sets taken from August 2011 to February 2012 out of the Chitika Ad Network (covering hundreds of millions of ad impressions).

The data shows that the web market shares of iOS and OS X have been converging steadily since August. iOS has been posting regular gains, and has experienced an overall growth of nearly 50%, whereas OS X has seen its market share decline by 25% since a high point in September. February marks the first point where a reversal in position can be seen in the respective operating systems. iOS passes Mac OS with 8.15% of all web traffic, whereas Mac OS only sees 7.96%.


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- Posted using my iPhone 5

RecognizeMe 2.0 Unlocks Your iPhone Using Biometric Facial Recognition

RecognizeMe 2.0 is an update to the tweak that unlocks your iPhone using biometric facial recognition.

RecognizeMe 1.0 was the first ever Facial Recognition biometric security for iOS. Now, RecognizeMe 2.0 takes it a step further! RecognizeMe works with all iOS devices that have a front facing camera, on iOS 4 or iOS 5. It sits on the lock screen where you enter your password as a neat alternative to use your face as your password! Simply train RecognizeMe's facial recognition with your face using the included app, then secure your phone with a lock screen passcode, and you're good to go!

What's New In This Version:
- iOS 5 CoreImage Face Detection added to vastly improve detection time, which improves overall Recognition and speed!!
- New Animations to see how RecognizeMe see's your face! (Even on iOS 4 where CoreImage Face Detection is not available!)
- Speed Improvements
- Tweaks to recognition algorithm better matching features
- Improved clarity of incoming camera stream across all devices
- Added AutoStart on unlock feature (starts RecognizeMe upon swipe-to-unlock)
- All artwork updated

You can purchase RecognizeMe for $2.99 from the Cydia Store.





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- Posted using my iPhone 5

Outside Photo of the Leaked iPad 3 Rear Shell?

Apple.pro has posted photos of the inside and outside of the iPad 3 rear shell leaked earlier today.

The general appearance appears to be the same as the iPad 2.

Check it out below...





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- Posted using my iPhone 5

Apple to Live Stream Paul McCartney Concert on iTunes Tomorrow

Apple is planning to stream a free live performance by Paul McCartney on iTunes tomorrow.

To celebrate the release of Paul McCartney's latest album, watch a free stream of his exclusive performance at Capitol Studios on February 9 at 7 p.m. (PST) right here. Or stream it on your TV using your Apple TV - just choose iTunes Live from the Internet menu.

Paul McCartney's recently released album, 'Kisses on the Bottom' can be purchased from iTunes for $9.99.


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- Posted using my iPhone 5

Proview Wants $1.5 Billion From Apple for Infringing Its iPad Trademark

Beijing authorities have reportedly opened an investigation into Apple's possible infringement of Proview's iPad trademark in China, reports GlobalTimes.

According to the Beijing Evening News, the Xicheng District Administration for Industry and Commerce has investigated the case, as it is the district where one of the five Apple stores in China is located. Apple has been denied the rights to the trademark for the term "iPad" in China, after a legal battle with Hong Kong-based Proview Technology. Proview registered the iPad trademark in markets as early as 2000, long before Apple unveiled the iPad in [2010].

"Proview made a formal complaint to the Xicheng administration in 2011 and they had planned to slap Apple with a 240 million yuan ($38 million) fine, but it was suspended after Apple's objections," said Xie Xianghui, a lawyer from the Shenzhen branch of Grandall Law Firm. Xie says that Proview has also filed lawsuits against Apple authorized retailers and plans to ask for 10 billion yuan ($1.5 billion USD) in compensation from Apple.

The Xicheng District Administration says the situation is under investigation and they haven't announced the possibility of a fine for Apple.

Apple filed an appeal on January 5th with the Higher People's Court of Guangdong Province, after losing its claim to the trademark in the Shenzhen Intermediate People's Court. Apple says that a Proview subsidiary in Taiwan sold the trademark rights to a UK company called "IP Applications" which then sold the mark to Apple in 2010.


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This reminds me of that lodsys case with Apple and it's App developers.

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- Posted using my iPhone 4

AT&T is Now Throttling 'Unlimited' Data Plans After 2GBs of Data Use

AT&T is now throttling customers on unlimited data plans after they've surpassed 2GBs of data use, reveals John Cozen.

Cozen, an AT&T customer who had been grandfathered in to the 'unlimited' data plan with AT&T, was surprised to receive a high usage alert from the company after reaching only 2.1GB of data use. The alert informed him that he was in the top 5% of data users and would be subjected to near unusable speeds.

Thinking there was a mistake he contacted AT&T where he was informed that anything over 2GB is top 5%.

To give you a baseline - the average data use across the country by the top 5% of AT&T smartphone customers was 2GB per month, effective August 2011.

This is a pretty despicable move by AT&T to stay within their legal requirement to offer 'unlimited' data but at speeds so slow that you would be better off switching to a tiered data plan.


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- Posted using my iPhone 5

Apple's iPhone Business is Bigger Than All of Microsoft Put Together

Apple's iPhone business alone is now bigger than all of Microsoft put together, notes MG Siegler and Business Insider.

In the December quarter, Apple's iPhone business generated $24.4 billion of revenue. Microsoft's whole company, meanwhile, from Windows to Office to servers to XBox, generated $20.9 billion.

That's a pretty impressive observation. Applying Apple's average overall profit margin of 38%, the company generated about $9.3 billion for its iPhone business alone. Microsoft generated only $8.2 billion in profit.


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- Posted using my iPhone 5

Apple Adds Genius Recommendations to the Apple TV

Apple has updated the Apple TV with Genius recommendations for Movies and TV Shows.

The 'Genius' option can be found under the Movie and TV Show menus. You will need to be signed in with your iTunes ID to see your personalized suggestions.



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- Posted using my iPhone 5

Signs You May Be Working on a Fake Apple Project by JoyofTech

The Joy of Tech offers a flow chart to help Apple employees identify the signs that they may be working on a fake Apple project.

"Earlier this week, it was leaked that we sometimes put new employees on fake projects until we can trust them.

Here's a flowchart to help you figure out the... Signs you may be working on a fake Apple project."



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- Posted using my iPhone 5

JVC iPhone Dock Replaces Your Entire Nightstand

The JVC N-BX3 is an iPhone/iPod speaker dock that replaces your entire nightstand, notes Akihabara News.

Available in both black and white, the N-BX3 weight 20kg for a size of 500x300x110mm and offers all the comfort that can be found in other iPhone/iPod speaker dock with an FM tuner and SRS StudioSound HD for a bit less of 40,000 Yen ($525 USD)!

The N-BX3 features a 2x30W speaker, comes in black and white, and is now available in Japan.





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- Posted using my iPhone 5

ZEVO Brings ZFS Storage Support to Mac OS X

After months of beta testing, Ten's Complement has released ZEVO to add ZFS storage support to Mac OS X.

You spend hours creating, designing, analyzing, developing. Data corruption is not an option for you. We at Ten's Complement are passionate about data integrity and believe that your data deserves the best - ZFS. The ZFS storage technology used by Z E V O was designed from the ground up to meet the 21st-century demands of your digital data. Developed with data integrity as the foundation, Z E V O contains all the goodness of ZFS, such as self-healing and checksums. To meet your varying needs for capacity, simplicity, price and features, Z E V O is available in 4 editions: Silver, Gold, Platinum, and Developer.

MacRumors notes that Ten's Complement is headed up by Don Brady, the 20-year Apple engineer who had helped transition to the HFS+ file system for Mac OS X and also headed up Apple's internal ZFS team from 2006 until it was disbanded in 2009. It's thought that Apple gave up on ZFS due to licensing issues.

ZFS (ZEVO) Features:
● Never overwrites existing data
● Every single byte validated
● Automatically detects silent corruption
● All of your data is verifiable
● Always in a consistent state on disk
● Disk Repair Utilities not required!

Unfortunately, there isn't support for booting from a ZFS volume; however, it is still very useful for storing your data safely. The Silver Edition is now available to purchase for $19.95. The Gold Edition will be available soon for $39.95 and includes more advanced features such as Time Machine-like rotating data snapshots and data redundancy. A Platinum Edition is set for launch this spring and will offer RAIDZ support, data duplication, and an advanced management utility.





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- Posted using my iPhone 5