by Chris Ullrich, Aug 24 2012 // 4:34 PM

This comes directly from the “obvious to anyone with eyes” department. In a unanimous decision the jury in the landmark case of Apple vs. Samsung has found that Samsung did infringe on Apple’s patents with a number of its devices.
Samsung has also been found guilty of willful infringement for most patents for most of the company’s devices. In addition, all of Apple’s patents were found to be valid, leaving Samsung with no damages being awarded and in a pretty bad positon.
The jury has awarded Apple over $1 Billion in damages. I guess a billion dollars is pretty cool.
What does this mean for the tech industry? It’s too soon to tell, but it probably means we can look forward to an Apple vs. Google/Motorola lawsuit soon enough.
It also probably means that companies are going to have to work a lot harder to differentiate their devices from Apple’s. Well, at least the very successful ones like Samsung will. HTC is probably pretty safe. And Nokia. Sorry guys.
More on this as it develops. . .
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Posted in: Legal · News · Tech
Tagged: Apple, Apple Vs. Samsung, Court Cases, iPhone, Law, Mobile, Patent Lawsuit, Samsung, Samsung Galaxy, Smartphones, Tech
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by Jonathan Weilbaecher, Apr 10 2012 // 2:00 PM
Game Stop has always been an interesting force in the world of video game retailers. They are fabulous in the sense that they are major players in the used game market, really refining a trade-in infrastructure that allows people to get their hands on new games cheaper.
On the flip side of that coin is the seedy fact that they pay dirt cheap prices for games (I once got a quarter for a three year old Madden title!) and mark them up significantly. It is hard to truly be angry about this though, as they follow a pretty strait forward supply and demand model in their pricing.
Of course as Game Stop grew, so did the concept and popularity of used sales. Used sales is great for the gamer, but horrible for the game developers, as they don’t see a dime off of the used sale. In an effort to mitigate these losses, developers and publishers have begun supplying online pass codes into new games, effectively forcing those who buy used copies to shell out $15 bucks for the same content that would be free if purchased new.
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Posted in: Business · Law · Legal · News · Playstation 3 · Video Games · Xbox 360
Tagged: Baron and Budd, Class Action Lawsuit, Developers, Game Stop, Legal, News, Online, Playstation 3, Used Sales, Video Games, Xbox 360
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by Matt Raub, Mar 15 2012 // 8:45 AM

We’ve heard of shows being canceled due to difficult cast members, poor ratings, or a lack of a budget, but an abundance of deaths? That’s new.
That seems to be the case with HBO’s freshman show Luck, about the comings and goings of a horse track and its characters that surround it. The Dustin Hoffman-starring vehicle seems to have been the victim of too many horse deaths to continue on the network. Here’s the official message from HBO:
It is with heartbreak that executive producers David Milch and Michael Mann together with HBO have decided to cease all future production on the series LUCK.
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Posted in: Action · Announcements · Drama · HBO · Historical Dramas · Legal · Networks · News · Press Releases · TV
Tagged: David Milch, Dustin Hoffman, HBO, Horses, Luck, Michael Mann
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by Sebastian Suchecki, Mar 6 2012 // 7:30 AM

It looks like CBS’ drama pilot Quean is over before it began. According to inside sources at Warner Bros TV, which produces the project with Joel Silver’s Silver Pictures, the decision has been made to pull the plug upon the advice of an outside legal firm.
Quean was supposed to be a crime procedural which centers on an edgy and independent hacker girl who teams up with a police detective to solve crimes. The pilot secured Jaume Collet-Serra (House of Wax, Orphan) as director, was written by The L Word creator Ilene Chaiken, and was moving to the casting stage when Warner Bros TV received a letter from Sony Pictures threatening a lawsuit over alleged similarities to The Girl With The Dragon Tattoo.
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Posted in: Action · Announcements · Business · CBS · Legal · Movies · News · Sony · TV · Warner Bros
Tagged: David Fincher, House Of Wax, Ilene Chaiken, Jaume Collet-Serra, Joel Silver, Orphan, Quean, Snow White, The Girl With the Dragon Tattoo, The L Word
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by John Carle, Feb 29 2012 // 1:45 PM

At the beginning of February, developer RC3 released an Android game inspired by pop star Justin Beaver entitles Joustin’ Beaver. The game plays off of Bieber’s real life celebrity woes and resembles his hairstyle and fashion sense in the form of a beaver. Bieber’s people responded to the game with a cease and desist order under the claims, not that they have a problem with Bieber being made fun of through the app, but that consumers may see Bieber’s trademarked likeness and feel the product is an officially licensed product from Bieber himself.
RC3 responded that there is no doubt that Joustin’ Beaver is inspired by the pop sensation. It is undeniable for them to even try to do so. They do contend however that the game is created as an act of parody which is legally protected by first amendment rights. RC3 filed suit against Bieber to protect their game (and most likely garner lots of press that the game would have never originally received to further push sales of it).
“In an effort to comment upon the Defendant’s life, the Plaintiff, RC3 developed the aforementioned App entitled ‘Joustin’ Beaver.’ The App, a video game, is a parody of the commercial success of the Defendant and any celebrity. The parody app portrays a beaver floating on a log down a river. The beaver presents with bangs, a lance, and a purple sweater. The beaver knocks ‘Phot-Hogs’ that are attempting to take his photograph into the river with his lance. The beaver also signs ‘Otter-graphs.’ The beaver also must dodge the ‘whirlpool of success,’ which will lead beaver out of control, while navigating the river.”
Joustin’ Beaver is currently on sale on the Android marketplace for .99.
Stay tuned to The Flickcast for all your gaming news, even Justin Beaver on occasion.
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Posted in: Android · Celebrities · Games · Law · Legal · Mobile · Mobile Apps · Music · News · Video Games
Tagged: Android, Joustin' Beaver, Justin Bieber, Lawsuit, Mobile Gaming, RC3, Trademark Law, Video Game
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by Sebastian Suchecki, Feb 10 2012 // 8:30 AM

The Walking Dead creator Robert Kirkman is facing a lawsuit from Michael Anthony “Tony” Moore, who is alleging he is co-creator of The Walking Dead comic on which the hit AMC series is based. Moore, who was once partners with Robert Kirkman, is accusing Kirkman of promissory fraud, breach of written contract and other charges.
Moore claims that he was talked into assigning all his rights on Walking Dead and other properties to a limited liability corporation controlled by Kirkman. Kirkman allegedly hasn’t shared any royalties or offered any other payments for Walking Dead or any of the other works.
According to the suit, Moore alleges he and Kirkman entered into an agreement which assigned Moore 60% of comic publishing net proceeds for The Walking Dead and another title Brit, 20% of all motion picture net proceeds for Walking Dead and Brit and 50% of all motion picture net proceeds in connection with another title Battle Pope. Moore says in the suit he was reluctant to enter into the agreement.
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Posted in: AMC · Business · Law · Legal · News · TV
Tagged: AMC, Andrew Lincoln, Battle Pope, Brit, Robert Kirkman, The Walking Dead
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by Matt Blackwood, Jan 25 2012 // 3:00 PM

The legal battle between The Weinstein Company and Relativity is over, and The Crow reboot is looking like a foregone conclusion.
Director F. Javier Gutierrez and writer Jesse Wigutow have signed on to once again adapt the James O’Barr graphic novel about a slain musician resurrected for vengeance.
Gutierrez’s sci-fi debut Before the Fall has garnered him awards from bodies as diverse as the Cinema Writers Circle and Screamfest. He is currently in pre-production on an adaptation of The Monkey’s Paw.
Wigutow wrote the 2003 dramedy It Runs in the Family and the upcoming Irreparable Harm. He has also worked on the adaptations of Eragon and The Ruins.
Casting announcements are expected over the next few days.
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Posted in: Adaptation · Announcements · Comics · Directors · Legal · News · Reboots and Remakes · Weinstein Co. · Writers
Tagged: F. Javier Gutierrez, Jesse Wigutow, Relativity, The Crow
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by Matt Raub, Jan 20 2012 // 12:00 PM
Now that DC fans have settled into their cozy new logo that the company slapped them with back in 2005, they’re ready to do it one more time! That’s right, DC Entertainment (formerly DC Comics) has finally revealed their new logo that has allegedly been in the works for the last year.
Said to show off more of the different identities of their most popular brands, rather than just be a static logo like some “other” comic publishers. Here’s a DC exec with the worst possible explanation of the new logo. From Co.Create:
“We didn’t want a static logo, but a living identity that could capture the power of our characters and storytelling,” says Amit Desai, senior vice president of franchise management. “What is special about DC content is the notion of a dual identity. When you think about our DC Comics superheroes, there’s a secret identity. When you think about Vertigo, it’s this notion of good vs. evil in many of the stories. And so, in addition to flexibility, the new logo communicates this idea of dual identity: There’s more than meets the eye. You have to take a closer look to understand the richness of our characters and stories.”
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Posted in: Action · Announcements · Comics · DC · DC Entertainment · Geek · Legal · Movies · News · Vertigo
Tagged: Batman, Dark Knight Rises, dc comics, Flash, Green Lantern, Logo, Marvel, Superman, vertigo comics
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by John Carle, Jan 12 2012 // 11:15 AM
As most people know, many of the electronic components sold in the US are manufactured overseas because of cheaper labor costs. This has always been a mixed blessing as it provides more affordable products, but also prevents more jobs from coming to American shores. Though from the look of things, not many American laborers would be lining up for a job at Foxconn.
Foxconn, one of the world’s largest electronic component manufacturers for companies such as Apple, Dell, HP, Sony, Nintendo and Microsoft, reportedly dealt with the threat of a mass suicide from some 300 workers from the Foxconn Technology Park in Wuhan, China from the WantChina Times. Gameplanet also reports that these workers were specific to the XBox 360 line.
The dispute reportedly began after workers went to company officials looking for wage increases. Foxconn denied the request and offered employees the option to either continue working at the current wage or be given a dismissal package. Many opted for the latter. Upon this, Foxconn reneged on the offer.
Microsoft’s Phil Spencer, in response to the situation was quoted, “Foxconn has been an important partner of ours and remains an important partner. I trust them as a responsible company to continue to evolve their process and work relationships… That is something we remain committed to – the safe and ethical treatment of people who build our products. That’s a core value of our company.”
Later, Microsoft released a general statement regarding the incident stating, “Microsoft takes working conditions in the factories that manufacture its products very seriously, and we are currently investigating this issue… We have a stringent Vendor Code of Conduct that spells out our expectations, and we monitor working conditions closely on an ongoing basis and address issues as they emerge. Microsoft is committed to the fair treatment and safety of workers employed by our vendors, and to ensuring conformance with Microsoft policy.”
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Posted in: Apple · Games · Legal · News · Nintendo · Sony · Video Games · Xbox 360
Tagged: Apple, Dell, Foxconn, HP, Mass Suicide Threat, Microsoft, News, Nintendo, Protest, Sony, Video Games, WantChina Times, Xbox 360
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by Joe Gillis, Aug 31 2011 // 9:00 AM
To be honest, I’m surprised it took this long. But now it seems our government here in the U.S. has finally decided to take action and attempt to stop a merger that should not take place anyway.
That’s right, the government has filed a lawsuit in an attempt to block AT&T’s proposed $39 Billion acquisition of T-Mobile USA. According to the complaint, such a deal would “substantially lessen competition” in the U.S. wireless market. Bloomberg reports that the complaint was filed with the U.S. Justice Department on Wednesday, and the government is asking for a declaration that the proposed merger would violate U.S. antitrust laws.
“AT&T’s elimination of T-Mobile as an independent, low- priced rival would remove a significant competitive force from the market,” the U.S. said in its filing. AT&T has argued that it needs T-Mobile’s spectrum in order to improve service quality and cover the majority of the U.S. population with 4G LTE service.
Well, I can understand them wanting to improve service quality. However, competition is good and as long as T-Mobile is around, AT&T will have to work that much harder. That won’t hurt them one bit. In fact, it might just help them.
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Posted in: Legal · Mobile · News · Tech
Tagged: 3G, 4G LTE, AT&T, AT&T T-Mobile Merger, Cell Phones, Lawsuits, Mergers, T-Mobile
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by Matt Raub, Jan 24 2011 // 10:30 AM
Kevin Smith can’t seem to get a break. Sure, things were great back when Clerks blew up and his deal with Mirimax helped him form a career. But between his issues with Dogma and the church, getting an audience for Clerks 2, the problems with getting Zack and Miri Make A Porno and the trouble with Cop Out, the guy can’t seem to get a break lately in Hollywood.
Yesterday, Smith brought his newest project, the horror film Red State, to Sundance and had planned on a public auction for the film’s distribution immediately after the screening. He later decided that he was going to distribute the film itself to prove that the indie film world still held strong.
So, for a whopping $20, Smith bought the film from himself, and is now planning on taking the flick on the road with a very grassroots plan to get awareness and make back the film’s $4 million budget. From THR:
The film will go out via Smith’s SModcast with no marketing spend, though he said that he will talk to “any smart exhibitor” about potentially showing the movie.
“We are going to make our money back by going out on the road and going city by city,” said Smith. The tour will begin March 5 at Radio City Music Hall in New York City and make a stop at Midland Theater in Kansas City one week later.
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Posted in: Action · Announcements · Cult Cinema · Filmmaking · Horror · Indie · Legal · Movies · News
Tagged: Clerks, Clerks 2, Dogma, Indie, Kevin Smith, Mallrats, Red State, Smodcast, Sundance, Zack and Miri Make A Porno
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by Matt Raub, Dec 17 2010 // 11:00 AM
Film buffs and those who follow “the biz” remember how epic of a breakup the Weinsteins and Disney’s Mirimax was back in 2005. The brothers Weinstein had become some of the biggest movers and shakers in Hollywood, helping directors like Tarantino, Smith, and countless others become household names. Then, due to a creative dispute, the Weinsteins left the clutches of the mouse to create TWC.
Now, after almost 6 years of separation, the two entities are teaming up once again. This time, to have another swing at some of the instant classics that Bob and Harvey Weinstein helped come into existence.
The two companies are forming a partnership in order to bring sequels and TV spinoffs to films like Rounders, Bad Santa, Copland, Clerks, and dozens others. Let’s hope they continue to produce movies that, at least for the most part, try to push the envelope a bit and are not just status quo.
Click through for the full press release.
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Posted in: Announcements · Deals and Dealmaking · Disney · Legal · Miramax · Movies · News · Prequels and Sequels · Weinstein Co.
Tagged: Bad Santa, Bob Weinstein, Bridget Jones’s Diary, Clerks, Copland, Disney, From Dusk Till Dawn, Harvey Weinstein, Kevin Smith, Mirimax Films, Quentin Tarantino, Rounders, Shakespeare in Love, Shall We Dance, Swingers, The Weinstein Company
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