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Tech Law: FCC Eye on Arbitron, Intel Unfair Charges, Vizio Sues Funai, More

By Erik Sherman | May 25, 2009

A look at highlights of the past week in the high tech legal world: courts, regulation, and lawsuits.

FCC to investigate Arbitron — The Federal Communications Commission is launching an investigation into whether Arbitron’s audience measuring device undercounts minority viewers. [Source: Ars Technica]

Amazon countersues DiscoveryDiscovery Communications had sued Amazon for alleged patent infringement over the Kindle. Now the latter countersues the former, also on patent grounds. [Source: Ars Technica]

Intel expects tough sledding fighting EU actionIntel general counsel Bruce Sewell expects that fighting antitrust charges in Europe will be an “uphill battle.” [Source: Associated Press]

And more charges of Intel unfair competitionAMD claimed that Intel made a deal with Apple so the company would not use AMD chips. Meanwhile, Nokia accused Intel of unfair pricing. No one has headed to court yet — so far as we know. [Source: CNET, Reuters]

Craigslist and South Carolina square off — The attorney general of South Carolina said that he planned to prosecute Craigslist for continuing to display erotic service ads that had not run their course of publication. In return, Craigslist notes that said AG isn’t going after print publications with more explicit ads and so sues the AG in return. [Source: Ars Technica here, ZDNET Behind the Lines]

Vizio sues Funai– As part of a long-running legal batter, is suing Funai for alleged patent infringement. [Source: DigiTimes]

The family that sues together — Talk about togetherness in the courts, a woman is suing Google for trademark infringement while her husband sues the company for patent infringement. [Source: TechDirt]

Microsoft and Linux Foundation oppose implied warranties — Both Microsoft and the Linux Foundation have found something they agree on: neither likes the American Law Institute’s proposal that software ship with an implied warranty of no material defects. Hey, they aren’t bugs, they’re features. [Source: CNET Beyond Binary]

Gavel image via Flickr user Thomas Roche, CC 2.0.

Erik Sherman is a freelance journalist whose work has appeared in Newsweek, the New York Times Magazine, Technology Review, the Financial Times, Chief Executive, and other publications. Follow him on Twitter.

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  •  
    1

    PaulGibson

    05/26/09 | Report as spam

    RE: Tech Law: FCC Eye on Arbitron, Intel Unfair Charges, Vizio Sues Funai, More

    Hey Erik!

    Just wondering what that last headline is supposed to mean... "software ship with an applied warranty of no material defects"... Is that a legal term?

  •  
    2

    ErikSherman

    05/26/09 | Report as spam

    RE: Tech Law: FCC Eye on Arbitron, Intel Unfair Charges, Vizio Sues Funai, More

    I'm no lawyer, but the concept of a material defect is common in law. For example, failure to discluse material defects in real estate sales - like a structural flaw in a foundation - has become a hot topic in litigation. An implied warranty would be one that is automatically conferred through the act of someone buying or licensing the software. I think the concern is that such langauge might allow users to legally demand software companies redress significant problems that materially affect applications the people have bought or licensed.

    As it is, software companies, open source or not, including the wording of "no warranty of merchantability" in their licenses, because otherwise the vendors would have to conform to a user's reasonable expectations. But material defects would seem to go further.

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