Among the various court cases in which Apple is inserted, two of them have drawn much attention recently. The first is not exactly new and has been going on since mid-2016, when a group of users sued the company for violating some of its own terms. AppleCare.
Already the second makes a very serious accusation of piracy against Ma, specifically involving some of the biggest names in music in the ?golden years,? such as Charlie Parker, Frank Sinatra, and Ray Charles, as we'll see later.
At the AppleCare press conference
A court in San Jose, Calif., Continued a press conference accusing Apple of using refurbished products (refurbished) in place of gadgets AppleCare Protection Plan and AppleCare +, although Ma contractually promises consumers ?new or equivalent? replacement devices.
As we said, the lawsuit was filed against Apple in July 2016 by customers who were unhappy that their iPhones and iPads had been replaced by such refurbished devices, claiming that it violates the AppleCare Terms and Conditions and the Consumer Legal Remedies Actfrom the state of California.
Apple's (AppleCare) plans are intended to provide consumers with devices "equivalent to new in performance and reliability." What this phrase means ?new,? because refurbished devices can never be equivalent to new in performance and reliability. () Refurbished as synonymous with the term ?reformed?, ie a second hand unit that has been modified to appear new for all purposes relevant to this dispute.
Thus, they claim that by describing replacement devices as ?new,? Apple was expected to provide handsets that had never been used or sold before, with all new parts. Therefore, the prosecution seeks compensatory payment of the difference in value between the new and refurbished devices that Apple has provided to members of the class action.
Apple accused of ?modern piracy?
Unlikely as it may be, only this year Apple has been twice accused of piracy in the music industry. The first case happened last May, when the son of composer Harold Arlen (from Over the Rainbow) took the Cupertino giant (and other companies) to court for "distributing unauthorized versions of copyrighted tracks."
Apple is now in the process of filing a new lawsuit, filed by Four Jays Music, which claims that the company has pirated recordings of some of the biggest names in twentieth-century music in the United States, such as Billie Holliday, Charlie Parker, Dean Martin, Duke Ellington, Ella Fitzgerald, Frank Sinatra and Ray Charles.
Of course, Apple simply wouldn't go pirating music out of it; The story behind this is that Ma would have agreed to the music licensing terms with two agencies (Orchard and Cleopatra), but the fact was that neither owned the rights to the recordings in the first place.
In addition to claiming that Apple was aware of the infringement, Four Jays Music suggests that the company could have used ?digital brands? to make such recordings unidentified under the labels of companies with which it had agreed to the license terms. which, if proven, would result in the violation of another law.
The plaintiff seeks an injunction to end the distribution of music not properly licensed, in addition to the payment of damages and legal fees. Apple did not comment on the case.
via AppleInsider, Law360