Jawbone widens its legal claims against Fitbit

Jawbone isn’t holding back in its lawsuit campaign against Fitbit over purported corporate espionage… if anything, it’s ramping things up. The company tells us that it filed a motion to widen its complaint against Fitbit after the court-ordered forensic process revealed that things were worse than originally thought. It names a new defendant, Jing Qi Weiden, who jumped ship from Jawbone to Fitbit and allegedly emailed her former employer’s secret data to her Fitbit work account soon afterward. She (and her fellow defendants) effectively handed over Jawbone’s product roadmap on a silver platter, if you believe the accusations.

The updated lawsuit also clarifies the charges and points out just how widespread the claimed theft really was. Where Jawbone first accused its ex-staff of swiping 18,000 files, the discovery process suggests that they took “at least” 335,191 files. Jawbone says that the files include everything from schematics through to manufacturing prices and schedules. New Fitbit gear like the Alta supposedly incorporates stolen Jawbone tech. With that said, it’s not clear how many of the new files actually contain sensitive info — Jawbone required that Weiden maintain a backup containing all those extra files, and many of them may be irrelevant to the case.

Fitbit isn’t having any of this. It tells us that the amended complaint is an act of “desperation” in response to both its losses at the International Trade Commission and poor competitive performance. You can read the full statement below. Not that this was entirely surprising. Fitbit took its own legal action against Jawbone in September, and it has long contended that Jawbone was trying to compensate for being an also-ran in the activity tracker world. You’ll probably only see one side give in when there’s no other choice, and that likely won’t happen for a while yet.

“Jawbone’s latest attempt to bring additional baseless trade secret claims comes on the heels of it suffering another defeat in its similarly meritless patent litigation against Fitbit at the ITC. Recently, the ITC judge ruled that two of Jawbone’s patents are ineligible under case law settled by the U.S. Supreme Court, and only two of its original six patents remain at issue in that case. We believe Jawbone’s latest request to file yet another amended complaint indicates desperation due to its inability to compete in the market and its setbacks at the ITC. Just like the other claims asserted in this litigation, the additional claims Jawbone seeks to assert are unsubstantiated and based on gross mischaracterizations of the events that occurred months ago.”

Apple Says Government Trying to ‘Rewrite History’ by Using All Writs Act as ‘All-Powerful Magic Wand’

Following the U.S. government’s filing last week once again urging the court to compel Apple to assist the FBI in unlocking the iPhone of San Bernardino shooter Syed Farook, a document Apple general counsel Bruce Sewell called a “cheap shot,” Apple today filed its response arguing that the government’s reliance on the All Writs Act dating back to 1789 as justification for the request is an attempt to “rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is.”

Today’s filing, shared by Business Insider, outlines Apple’s arguments as to why the All Writs Act should not apply in this situation and reiterates a number of positions the company has previously described, including belief that this issue needs to be settled legislatively and that the imposition of the order would cause “unprecedented and offensive burdens” and violate both Apple’s First Amendment rights and the Due Process Clause.

This case arises in a difficult context after a terrible tragedy. But it is in just such highly-charged and emotional cases that the courts must zealously guard civil liberties and the rule of law and reject government overreaching. This Court should therefore deny the government’s request and vacate the order.

Apple goes on to outline its arguments as to why the All Writs Act is not applicable, noting that Congress had previously declined to expand the Communications Assistance for Law Enforcement Act (CALEA) to include scenarios such as this and that the government’s request usurp’s the legislative authority exercised by Congress.

CALEA’s legislative history makes clear the sound policy reasons behind its specific limitations on when decryption services can be required. During congressional hearings on CALEA, then-FBI director Louis Freeh assured Senator Leahy that CALEA would not impede the growth of new technologies. When Senator Leahy asked whether CALEA would inhibit the growth of encryption, he responded “this legislation does not ask [companies] to decrypt. It just tells them to give us the bits as they have them. If they are [en]crypted, that is my problem.”

In its conclusion, Apple argues that “the government’s motivations are understandable, but its methods for achieving its objectives are contrary to the rule of law, the democratic process, and the rights of the American people.”

A court hearing to address the issue is scheduled for next Tuesday, March 22, the day after Apple’s media event where it is expected to introduce a new 4-inch “iPhone SE” and a new 9.7-inch iPad, as well as make a few additional announcements.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Tag: Apple-FBI
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Instagram Will Shift From Chronological to Algorithm-Based Feed

Instagram today announced that it will introduce a new algorithm-based feed in the coming months, shifting from its current chronological-based feed. The move follows Twitter’s announcement that it was moving to an algorithm-based feed. Instagram parent company Facebook has used an algorithm-based news feed for years.

You may be surprised to learn that people miss on average 70 percent of their feeds. As Instagram has grown, it’s become harder to keep up with all the photos and videos people share. This means you often don’t see the posts you might care about the most.

The photo sharing company says that the new feed will be re-ordered to show moments Instagram believes users will care about the most. The algorithm will largely be based on a user’s relationship to the person posting and the timeliness of their post. For instance, Instagram says if a user’s favorite musician posts a video from the previous night’s concert or a best friend posts a picture of a puppy, the new algorithm will ensure that the user does not miss it.

Instagram stresses that, as they begin on this process, the company only wants to optimize the order of posts. All the posts in a person’s news feed will still be there, but in a different order. While it’s unclear exactly when in the coming months users’ feeds will begin to change, the company says that it wants to take its time to “get this right” and that they’ll listen to user feedback along the way. Instagram did not mention whether the new feed will be an optional feature that allows users to opt out.

Instagram can be downloaded from the App Store for free. [Direct Link]

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LG K8 Release Date, Price and Specs – CNET

LG

Flagship phones, like the LG G5 and Samsung Galaxy S7, have a high-end allure to them with lofty prices to match. If spending an arm and a leg for a new phone isn’t an option, LG is offering two alternatives, the K5 and K8, that might be a better fit for your budget — without sacrificing a sense of style.

The pair are expected to hit emerging markets later this year and pricing has yet to be announced, but LG purports that they’ll be reasonably priced. This post will be updated when that information is available.

The LG K8 is the fancier of the two, sporting an au courant look with curved edges and a woven-textured back panel. It has a sharper screen and better cameras than the K5, but is otherwise very similar to it. Both models come in a variety of colors, including gold, and the K5 comes in “titan”, which I’m pretty sure is just a lavish way of saying “black.”

They don’t hold a candle to the fancy modular LG G5, but these phones are stripped down in features in order to meet a lower price point. Since they’re geared toward emerging markets, like the K7 and K10, it’s unlikely that we’ll see them hit US stores.

LG K8 specifications:

• 5.0-inch HD display
• 1.3GHz quad-core CPU
• Rear 8-megapixel camera
• Front 5-megapixel camera
• 1.5GB RAM with microSD expansion slot (1GB in Latin America)
• Removable 2,125mAh battery
• Android 5.0 Marshmallow
• Wi-Fi 802.11 b/g/n
• Bluetooth 4.2
• NFC
• USB 2.0
• Color options: gold, indigo and white
• Available in: Asia, Africa, Middle East, CIS and Latin America

LG K5 specifications:

• 5.0-inch VGA display
• 1.3GHz quad-core
• Rear 5-megapixel camera
• Front 2-megapixel camera
• 8GB internal storage
• 1GB RAM with microSD card expansion slot
• Removable 1,900mAh battery
• Android 6.1 Lollipop
• Wi-Fi 802.11 b/g/n
• Bluetooth 4.1
• USB 2.0
• Colors options: gold, silver and titan
• Available in: Europe, CIS, Latin America and Mexico

Fossil Q Wander Release Date, Price and Specs – CNET

Fossil

Fossil’s first smartwatch, the Q Founder, was underwhelming but the watchmaker listened to feedback and plans to release two slimmer, sleeker models later this year.

First up, we’ve got the Q Wander. The case measures 44mm, compared to 46mm of the Q Founder. It also includes new wire lugs, which helps give it that slimmer look. The watch comes with a leather strap, but you can swap it out for a different one of your choosing.

Fossil

Next up, we’ve got the larger Q Marshal. The watch measures 46mm and features a more rugged case design. The grooves make it look similar to the Samsung Gear S2 Classic. The watch will also be available in navy blue paired with a leather strap, a combination that appeals to me.

The Q Wander and Q Marshal share the same features as the Q Founder. All three models are powered by Google’s Android Wear operating system, which let Android and iPhone owners view calls and text messages right from their wrist. Android Wear isn’t our favorite platform — it lacks the finesse of those from Apple and Samsung.

The Fossil Q Founder sitting on the ridiculously large wireless charger.

Sarah Tew/CNET

You will likely have to charge the watches daily. While both support wireless charging, they will only work with the same weird, bulky, padded charger used with the Q Founder. It also appears that neither watch includes an optical heart-rate sensor, a feature found in a majority of smartwatches from companies such as Apple, Samsung and Motorola.

An exact release date wasn’t announced. The Q Marshal and Q Wander will arrive sometime later this year and start at $275. That price converts to about £195 in the UK and AU$370.

NASA picks solar power candidates for deep space missions

NASA is going to need solar power if it wants to keep its future deep space missions running, and that means getting someone to build that light-gathering technology. Fortunately, the agency has some partners lined up. It just picked four solar power technology proposals that could find their way into spacecraft traveling as far as Mars. The outfits negotiating deals are definitely ones you’ll know — ATK, Boeing, Johns Hopkins University and NASA’s own Jet Propulsion Laboratory are all developing systems that collect solar energy in the unforgiving conditions beyond Earth.

These four will have to face some additional hurdles to make the cut. A second selection phase 9 months out will offer up to $1.25 million in design funding to no more than two of these organizations, and only one of them might be selected to build the finished project. It’ll be years before you see the end results, then. All the same, this is an important step in making deep space exploration a practical reality beyond a handful of probes.

Source: NASA

Yellow Nexus 5X screen? Here’s the fix – CNET

At the time of launch, many Nexus 5X owners noticed that their device’s display was appearing a bit too warm, or yellow. The only remedy for this issue was to exchange the device for another, but that didn’t guarantee the next device’s screen would be any better than the previous one.

As a solution, Google’s Android security patch for March (MHC19J) includes a new toggle to fix the Nexus 5X screen temperature. Here’s how to enable it:

Step 1: Make sure your device is up-to-date by checking Settings > About phone > System update. You’ll need to be on build number MHC19J (listed at bottom).

Enlarge Image

Screenshots by Nicole Cozma/CNET

Step 2: Enable developer mode by repeatedly tapping the Build number in the Settings > About Phone menu.

Step 3: Head to the Developer Options in the Settings menu and toggle Cool color temperature. You’ll need to turn the display off and back on for changes to take effect.

The addition of this option means that Google is truly listening to feedback from users. While some Nexus 5X owners exchanged devices until they found one with a color temperature they could accept, now a solution is available in the device menu.

Latest HTC 10 teaser puts the focus on its cameras

HTC continues offering some teasers for its next flagship smartphone. The latest such promotion is all about the cameras that will be on the phone, which is rumored to be called simply the HTC 10.

The teaser, as posted on HTC’s Twitter account, is pretty self-explanatory:

World First, World Class, Front and Back. You’ll see. #powerof10 pic.twitter.com/qN9HN6OP5i

— HTC (@htc) March 15, 2016

HTC seems to be hinting the new phone will have high end camera on both the front and the back of the device, and will have some unique features. We will have to wait and see if that’s true. HTC has yet to reveal a release date, or even an announcement date, for their new flagship, although recent rumors claim it could happen sometime in mid-April.

Straw can now alert you when polls you voted on close

Social polling app Straw has received some notification improvements courtesy of its latest update. Specifically, users will now see a button to request notifications for their favorite StrawCast topics when they’ve run out of polls to vote on. Users can also now get notifications when polls they’ve voted on close.

Here’s the full breakdown of what’s new in the latest update to Straw:

• StrawCast automatically loads more polls when you reach the end of the list
• Request notifications for your favorite StrawCast topics when you run out of polls to vote on
• Get notified when polls you voted on finish so you can see the final results
• bug fixes

If you’re interested in checking out all of the notification improvements, Straw version 2.6.1 is available now on Google Play.

Sony’s PlayStation VR launching in October for $399

As competition in the virtual reality sphere heats up, Sony has announced that its PlayStation VR headset will launch in October for $399. Sony made the announcement during a keynote at the Game Developers Conference 2016 (GDC), where the company also showed off footage of upcoming titles and more.

Sony also detailed the final hardware specs of the headset, noting a 5.7-inch OLED display running at a 120 Hz refresh rate and carrying a total resolution of 1290 x 1080 at 960 x 1080 per eye. Sony says the field of view comes in at right around 100 degrees with latency at under 18ms. The company also notes that we should expect to see around 50 games for PlayStation VR this year.

As far as pricing is concerned, PlayStation VR’s $399 pricing compares to the Oculus Rift’s $600 price tag and the HTC Vive’s $800 price point. The Oculus Rift is due out by the end of March while the HTC Vive is expected to start shipping in April, so while Sony’s offering will be late to the party, it’s also significantly cheaper. However, do keep in mind that it appears the PlayStation Move camera and controllers required for tracking will cost extra, bumping that $399 price up a bit more.

One other big advantage for Sony is that PlayStation VR only requires a Playstation 4 to get started. That’s compared to the HTC Vive and Oculus Rift, which both require rather beefy gaming PCs that could represent a significant hurdle (and cost) for interested buyers. Add in Sony’s already rather significant install base with the PlayStation 4, and it will be interesting to see if the company gets a leg up in sales.