Woman Sues Sprint Over Driving While Yakking Death

from the good-luck-there dept

More than five years ago, we wrote about a ridiculous lawsuit that involved a lawsuit against Cingular (now a part of AT&T) seeking to pin liability on Cingular for an accident caused by a driver who was talking on his phone. That lawsuit was tossed out as ridiculous (and again on appeal) with the court noting that the mobile phone operator was not at all responsible for what a driver did. Apparently, some folks are unaware of this case. Broadband Reports alerts us to the news that Sprint is being sued in a similar lawsuit. In this case, a woman was killed by a driver on the phone, and the woman's daughter is claiming that Sprint should have warned people of the risks of driving while talking on the phone. Nice try, but chances are, this lawsuit is going to get tossed just as fast as previous ones.

Filed Under: car crash, driving while yakking, liability
Companies: sprint

Bill Introduced To Limit Early Termination Fees

from the terminate-this dept

Some Senators have introduced a bill that would limit early termination fees from mobile operators, saying they couldn't charge more than the subsidy they provided for the phone itself, and that the rules for any early termination fee needed to be quite clear. Not surprisingly, the mobile operators and their lobbyists are saying this is "unnecessary" because (due mainly to gov't pressure, not competition, as they claim) the operators have already made the ETF process less ridiculous by going with pro-rated fees based on how long is left on a contract. Of course, if it's true that the law is unnecessary, then it's not clear why they're against it...

Filed Under: early termination fees

There's An Apology For That: AT&T Dismisses Its Pointless Lawsuit Against Verizon Over Ads

from the nice-work dept

We still don't understand why AT&T called so much more attention to Verizon's ads that highlight AT&T's weak 3G network coverage by suing over the ads. Things were made worse when a judge refused to block the ads from airing. Perhaps finally realizing that all this was doing was creating free advertising for Verizon -- and more attention on the quality of AT&T's network -- the company has decided to drop the lawsuit. Apparently, instead, it's going to focus on its own misleading ad campaign.

Filed Under: 3g, advertisements, commercials, lawsuits, maps
Companies: at&t, verizon

Australian Operator Optus Deliberately Blocking Android Paid Apps

from the it-wants-a-cut,-apparently dept

A few folks have sent in the news that Australian mobile operator Optus appears to be completely blocking access to paid apps for owners of Android phones. Apparently people have been complaining about this for a while, and Optus has been mostly silent on the matter, only stating:

"Optus is currently working with Google to provide an Android application store to our customers, and we are optimistic it will be available soon."

Except, of course, it shouldn't require any permission from Optus at all -- which is leading to reasoned speculation that Optus is blocking access to paid apps in the Android app store because Optus wants a cut of the revenue. This is typical of mobile carriers who keep wanting to believe that they're the tollbooth everyone needs to pay. Instead, the more likely result is just to drive mobile phone users to other carriers.

Filed Under: android, apps, paid apps
Companies: google, optus

UK Pub Owner Fined Due To Unauthorized Downloads On Free Pub WiFi?

from the safe-harbors? dept

A bunch of folks have sent in the story of a nameless pub owner in the UK who has supposedly been fined £8,000 in a lawsuit brought by a copyright holder over unauthorized downloads that were done over free WiFi that the pub offered. Of course, there is a lot of missing information here, so I'm not quite sure how much to believe of this story without further evidence. The name of the pub is not given. The information was provided by a WiFi hotspot provider, The Cloud, which claims that the specific pub owner has not given permission to publicize the case. Yet, if it was a lawsuit, you would think that there would be some court records detailing this. It appears that the laws regarding safe harbors for copyright infringement are not nearly as clear as they are in the US. Under the DMCA it seems that any hotspot owner would have safe harbor protections against such a lawsuit, and it seems odd that a court would fine the pub owner when it was clearly a user of the access point that did the file sharing.

Filed Under: file sharing, fines, safe harbors, uk, wifi
Companies: the cloud

Judge Says 'There's An Ad For That...' And It's Ok For Now

from the let-it-play dept

Recently, AT&T sued Verizon over its "There's A Map For That" ad, that mocked AT&T's 3G network coverage, while playing on the Apple iPhone slogan of "there's an app for that." It seemed like an odd thing for AT&T to do, as it really just called more attention to the ad and the differences in 3G networks. Now, to make matters even worse, a judge has refused to issue an injunction stopping the ad. That doesn't stop the lawsuit, though, and the ad might still get taken down if AT&T wins, but it's unlikely Verizon's ad campaign is going to last until the lawsuit is finally decided, anyway. So for now, all it's done is driven a lot more attention to the ad, in which Verizon comes out favorably.

Filed Under: 3g, ads, competition, mobile service
Companies: at&t, verizon wireless

MPAA Gets Town To Turn Off Free Muni-WiFi Over Single Unauthorized Movie Download

from the the-internets-must-die dept

Dan alerts us to the news that the free muni-WiFi system used around the Coshocton’s County Courthouse in Northern Ohio was shut down over a complaint by the MPAA over a single unauthorized movie download. Amazingly, rather than admit that perhaps that was going a bit too far in punishing everyone in that town over a single individual's usage, the MPAA couldn't resist the opportunity to complain about the evils of movie piracy again. The MPAA doesn't seem concerned at all about the collateral damage, and just thinks that it's a good opportunity to push ahead with its misguided complaint against file sharing.

Filed Under: copyright, mpaa, muni-wifi, piracy, shut down, wifi
Companies: mpaa

Time For Palm To Drop WebOS And Embrace Android

from the the-time-has-come dept

It appears that Wall Street is giving up on Palm after sales of the Pre have been massively disappointing, and Sprint (their only US partner) appears to be focusing more and more on HTC Android-powered phones these days. At the same time, developers are recognizing that if they're creating mobile apps, they need to decide which platforms to work on, and the markets for the iPhone and Android smartphones look a lot more exciting.

This is, in large part, due to poor planning on the part of Palm and Sprint. First, Palm was way too slow in really opening up its developer program. By the time it finally got around to it, more and more Android phones were hitting the market, with much more of a marketing push. Developers, given the choice, will go for the platform that actually has users. That's why I still say it was a huge mistake for Palm and Sprint not to have figured out a way to give away the Palm Pre for free. The thing that Pre needed more than anything else was market share. With market share it could attract developers and a loyal following. Without that, Palm is dead and everyone knows it. Having failed at that, and now thrown away its head start over the rush of Android-powered devices hitting the market, Palm is quickly looking like an afterthought, just months after the Pre was released.

I actually stopped by a Sprint store earlier this week, because I was interested in seeing its recent Android-powered phones in person. I played around with them, and then picked up the Palm Pre as well -- and I have to admit that the hardware on the Pre is really nice. It's just a much nicer overall package than the HTC Hero (an Android-powered phone) -- more compact, had a more solid feel, and the slide out keyboard is actually quite nice (if a bit small). But, after seeing all the developer support moving towards Android, I have no interest in betting on a dying OS. And that's when I wondered why Palm didn't just release an Android-powered Pre as well. I recognize that it's got a lot invested in webOS, but it's a sunk cost and a losing strategy.

A few years back, after years supporting its own Palm operating system, the company started offering Treo's that supported Windows Mobile. It's time to do that again, but for Android, letting the company actually make use of a much larger, committed developer community, rather than trying to keep the whole thing in-house.

Filed Under: android, palm pre
Companies: google, palm, sprint

AT&T Sues Verizon Over 'There's A Map For That' Ad Campaign

from the doesn't-like-the-maps dept

Recently, Verizon came up with a rather clever ad campaign, mocking the iPhone ads that claim "there's an app for that" with ads that showcase Verizon's wider 3G footprint, claiming "there's a map for that," and showing the two services' 3G coverage maps side by side: It does a nice job poking fun at one of AT&T's weaker points: its mobile network infrastructure. But apparently, AT&T is not happy with the ad campaign and has sued Verizon over those ads, claiming that it uses an unfair comparison. That's because the maps only show 3G coverage, and Verizon has significantly greater 3G coverage. However, AT&T feels that the map showing its coverage implies, falsely, that AT&T has no coverage outside of its 3G coverage areas. While you can see why AT&T would make this complaint, it does make you wonder if it's really worth the effort to sue. All it's really doing is attracting a lot more attention to the original ad, which does accurately state that it's talking about 3G coverage, not overall coverage, though you can see why some people might not realize that AT&T's network also includes non-3G areas.

Filed Under: advertising, lawsuit, map
Companies: at&t, verizon

Reason To Have A Distinct Ringtone? So You Can Find Your Mobile Phone At The Dump

from the that's-not-my-normal-ringtone dept

A guy in Aspen accidentally dropped his mobile phone into the piles of leaves he was raking up, and scooped up the phone and sent it off to the dump... But, amazingly, he was reunited with the phone by calling it and hearing it ring in the piles and piles of recyclables. Apparently, it took about half an hour of dialing/listening/sifting. Of course, there are times when you wonder if it wouldn't just be smarter to go get another phone...

Filed Under: garbage dump, ringtones