In the lawsuit, Kenneth Elan says he purchased a copy of Norton Antivirus in 2007. According to Elan, Symantec notified him in early 2009 that his software license had been automatically renewed and his credit card charged $76.03. Now Elan is taking Symantec to court, claiming the company did not abide by the above-mentioned settlement, in which Symantec and McAfee agreed to "provide electronics notification to consumers before and after renewal of the subscription."
"Prior to the automatic renewal, defendant failed to offer plaintiff an opportunity to decline to renew the license for another year," the lawsuit alleges. "If plaintiff had notice of an opportunity to decline the automatic renewal, plaintiff would not have renewed the license."
Elan is seeking both a refund and has asked the court to grant the lawsuit class-action status.
In an effort to protect its mainframe business and keep those dollars rolling in, IBM has been bad mouthing the compeition to its mainframe customers, and it will now have to defend some of those remarks in court. Neon Enterprise Software, a privately held company who makes a software tool called zPrime, has slapped IBM with a lawsuit accusing the company of unfair and unlawful competition.
The problem arose when IBM told its mainframe customers in a letter that "the use of zPrime will cause Neon's customers to become obligated -- contrary to IBM's original promises to customers that purchased SPs -- to pay software license fees for workloads shifted to SPs," Neon said in its lawsuit.
Neon denies the claim, further accusing IBM of selling additional SPs to customers only if they agree not to use Neon's products. So what did IBM have to say?
"Neon's software deliberately subverts the way IBM mainframe computers process data," IBM said. "This is akin to a homeowner tampering with his electrical meter to save money. IBM has invested billions of dollars in the mainframe this decade, and we vigorously protect our investment."
Neon is seeking damages and a permanent injunction to prevent IBM from making the same claims.
The LCD price fixing shenanigans continue, at least according to Nokia, the world's largest mobile phone maker who has filed suit against Samsung, LG, AU Optronics, and other LCD manufacturers over allegedly colluding to fix prices, Bloomberg reports.
Filed on November 25, the lawsuit is based on both federal and state antitrust claims and makes essentially the same arguments as AT&T did last month when it filed a suit in the same court, also against LCD manufacturers. According to Nokia, Samsung and more than six other LCD makers conspired to raise the price of displays.
"The liquid-crystal displays were incorporated into Nokia mobile wireless handsets," according to the complaint. The conspiracy "artificially inflated the price of liquid crystal displays ultimately incorporated into LCD products purchased by Nokia, causing Nokia to pay higher prices."
Each of the suits direct the court's attention to a U.S. Justice Department investigation of display price fixing. Hitachi, who pleaded guilty in March in the inquiry, is one of the defendants named in Nokia's suit, but not AT&T's.
Can Google be held responsible for remarks left by bloggers on the search engine company's Blogger publishing service? That's one of the questions being raised as Liskula Cohen, a Canadian model, sues Google over an anonymous blogger calling her "our #1 skanky superstar," along with calling her an "old hag" and other unflattering remarks.
"We think we have a case," said Steven Wagner, Cohen's laywer. "This is libelous, it's defamatory and you shouldn't just get away with this."
Cohen isn't sueing Google for any financial compensation, and instead wants the search giant to reveal the anonymous blogger's identity, who posted the offending remarks in a blog titled 'Skanks in New York.' The site appears to be entirely devoted to slamming Cohen through captions left under several candid pics of the 36-year-old model.
Does Cohen have a case? Hit the jump and tell us if you think the thin model has a legal leg to stand on.
According to Mathhew Robert Young, a state prisoner at the Snake River Correctional Institution in Oregon, he's the one responsible for virtualization technology (VT), which was stolen from him by both Steve Jobs and Intel. Young says he told Jobs about the technology, and when Jobs never responded to an alleged offer to buy the intellectual property for $250 million, Young pitched it to Intel, allowing the chip maker to make VT work with its Core 2 Duo processors. In a civil action suit filed with the U.S. District Court in Oregon, Young says he's entitled to $5 billion and claims he can prove his allegations with a live demonstration.
"Pro se plaintiff is the only person in the world at present who knows how to make both the [Core-2 Duo micro processor, and the Virtual Technology] work, and pro se plaintiff can in fact come before this U S District Court and prove it by a factual DEMONSTRATION," and that "plaintiff declares here that this action is a JUST cause, and not for harassment purposes," Young wrote in his court filing.
In a separate but perhaps related matter (and by 'perhaps,' we really mean 'definitely'), Young is also claiming he is being "unlawfully held and restrained of his liberty and freedom in the Snake River Correctional Institution," which has also been brought to civil action.