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Apple wins dismissal of lawsuit over MacBook logic boards

Apple Inc won the dismissal on Thursday of a lawsuit accusing it of defrauding consumers by selling MacBook laptop computers that contained "logic boards" it knew were defective, and which routinely failed within two years.U.S. District Judge William Alsup in San Francisco said the plaintiffs, Uriel Marcus and Benedict Verceles, failed to show that Apple made "affirmative misrepresentations," despite citing online complaints and Apple marketing statements calling the laptops "state of the art" or the "most advanced" on the market."Plaintiffs have failed to allege that Apple's logic boards were unfit for their ordinary purposes or lacked a minimal level of quality," Alsup wrote. "Both plaintiffs were able to adequately use their computers for approximately 18 months and two years, respectively."Alsup gave the plaintiffs until Jan. 22 to amend their lawsuit, which sought class-action status, against the Cupertino, California-based company. Omar Rosales, a lawyer for the plaintiffs, did not immediately respond to requests for comment. Apple did not immediately respond to a similar request.The plaintiffs claimed that Apple's sale of MacBooks since May 20, 2010, violated consumer protection laws in California and Texas, where the lawsuit began last May before being moved.They also contended that Apple Chief Executive Tim Cook was told about the defective logic boards in 2011, but did nothing. Logic boards contain computer circuitry and are sometimes known as motherboards.A separate and still pending lawsuit in California accuses Apple of defrauding consumers by selling MacBook Pro laptops in 2011 that contained defective graphic cards, causing screen distortions and system failures. MacBooks are part of Apple's Mac line of desktop and laptop computers. The company reported unit sales in that business of 18.91 million in its latest fiscal year.The case is Marcus et al v. Apple Inc, U.S. District Court, Northern District of California, No. 14-03824. (Reporting by Jonathan Stempel in New York. Editing by Andre Grenon)

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Philistines were more sophisticated than given credit for, say archeologists

ASHKELON, Israel Philistines were no "philistines", say archaeologists who unearthed a 3,000-year-old cemetery in which members of the biblical nation were buried along with jewelry and perfumed oil.Little was known about the Philistines prior to the recent excavation in the Israeli port city of Ashkelon. The famed arch enemies of the ancient Israelites -- Goliath was a Philistine -- flourished in this area of the Mediterranean, starting in the 12th century BC, but their way of life and origin have remained a mystery.That stands to change after what researchers have called the first discovery of a Philistine cemetery. It contains the remains of about 150 people in numerous burial chambers, some containing surprisingly sophisticated items.The team also found DNA on parts of the skeletons and hope that further testing will determine the origins of the Philistine people.We may need to rethink today's derogatory use of the word philistine, which refers to someone averse to culture and the arts, said archaeologist Lawrence Stager, who has led the Leon Levy Expedition to Ashkelon since 1985. "The Philistines have had some bad press, and this will dispel a lot of myths," Stager said.Stager's team dug down about 3 meters (10 feet) to uncover the cemetery, which they found to have been used centuries later as a Roman vineyard.On hands and knees, workers brushed away layers of dusty earth to reveal the brittle white bones of entire Philistine skeletons reposed as they were three millennia ago. Decorated juglets believed to have contained perfumed oil were found in graves. Some bodies were still wearing bracelets and earrings. Others had weapons. The archeologists also discovered some cremations, which the team say were rare and expensive for the period, and some larger jugs contained the bones of infants. "The cosmopolitan life here is so much more elegant and worldly and connected with other parts of the eastern Mediterranean," Stager said, adding that this was in contrast to the more modest village lifestyle of the Israelites who lived in the hills to the east.Bones, ceramics and other remains were moved to a tented compound for further study and some artifacts were reconstructed piece by piece. The team mapped the position of every bone removed to produce a digital 3D recreation of the burial site.Final reports on the finds are being published by the Semitic Museum at Harvard University. (Editing by David Goodman)

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Free at Rio Olympics: 9 million forest-friendly condoms

XAPURI, Brazil Brazil's government will hand out 9 million condoms for free around Rio de Janeiro during the Olympics in August, a push meant to encourage safe sex and also defend the Amazon rainforest. Rio's local Olympic organizing committee said about 450,000 of the sustainably-produced condoms will be destined for athletes and staff housed in the Olympic Village.The rest will be made widely available to the many visitors who will be arriving in the city in just a few weeks, the Health Ministry said.All the condoms to be distributed are produced by Natex, a factory in the western Amazonian state of Acre, deep in the rainforest near Brazil's border with Bolivia.The factory, run by the Acre state government, uses latex gathered from Amazon rubber trees by tappers who are employed by a government-run program designed to protect their traditional livelihood, foster sustainable use of the rainforest and deter illegal loggers. The tappers see themselves as guardians of the rainforest. On a recent outing, Raimundo Mendes de Barros, a 71-year-old lifelong rubber tapper with a stark white beard, gathered the milky-white latex dripping into metal buckets hooked at the base of countless trees. Above, the tropical sun was filtered by the Amazon canopy.Barros spoke with pride about the fierce fight he and other sustainable rubber tappers wage to maintain their craft. "Our condom factory, aside from guaranteeing a fair price for the rubber, employs hundreds," he said. "It gives the world a product - the condom - that will be very present there in Rio, to fight disease and help with birth control." For decades, tappers like Barros have been on the front line of pushing Brazilian leaders to do more to halt deforestation, which is mostly caused by the illegal clearing of forest for ranching, soy farms and timber extraction. The fight has sometimes come at a heavy cost as farmers and loggers have sometimes retaliated with hired guns. Scores of people have been killed over the years trying to protect the forest, most notably the internationally known environmentalist and rubber tapper Chico Mendes.His 1988 murder in Xapuri, where the condom factory now stands, helped galvanize the government to take serious measures to battle deforestation and the violence against Amazon defenders. For several years Brazil's Health Ministry has distributed millions of condoms from the factory for free at big events around Brazil - most notably the annual bacchanal of Carnival. (Reporting by Ricardo Moraes; Writing by Brad Brooks; Editing by Frances Kerry)

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Apple wins dismissal of lawsuit over MacBook logic boards

Apple Inc won the dismissal on Thursday of a lawsuit accusing it of defrauding consumers by selling MacBook laptop computers that contained "logic boards" it knew were defective, and which routinely failed within two years.U.S. District Judge William Alsup in San Francisco said the plaintiffs, Uriel Marcus and Benedict Verceles, failed to show that Apple made "affirmative misrepresentations," despite citing online complaints and Apple marketing statements calling the laptops "state of the art" or the "most advanced" on the market."Plaintiffs have failed to allege that Apple's logic boards were unfit for their ordinary purposes or lacked a minimal level of quality," Alsup wrote. "Both plaintiffs were able to adequately use their computers for approximately 18 months and two years, respectively."Alsup gave the plaintiffs until Jan. 22 to amend their lawsuit, which sought class-action status, against the Cupertino, California-based company. Omar Rosales, a lawyer for the plaintiffs, did not immediately respond to requests for comment. Apple did not immediately respond to a similar request.The plaintiffs claimed that Apple's sale of MacBooks since May 20, 2010, violated consumer protection laws in California and Texas, where the lawsuit began last May before being moved.They also contended that Apple Chief Executive Tim Cook was told about the defective logic boards in 2011, but did nothing. Logic boards contain computer circuitry and are sometimes known as motherboards.A separate and still pending lawsuit in California accuses Apple of defrauding consumers by selling MacBook Pro laptops in 2011 that contained defective graphic cards, causing screen distortions and system failures. MacBooks are part of Apple's Mac line of desktop and laptop computers. The company reported unit sales in that business of 18.91 million in its latest fiscal year.The case is Marcus et al v. Apple Inc, U.S. District Court, Northern District of California, No. 14-03824. (Reporting by Jonathan Stempel in New York. Editing by Andre Grenon)

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EPA says filtered Flint, Michigan drinking water safe to drink

DETROIT Federal officials said on Thursday it is safe for anyone to drink properly filtered water in Flint, Michigan, where a public health crisis erupted after residents were exposed to dangerously high levels of lead.The U.S. Environmental Protection Agency (EPA) said in a statement that the most recent testing at nearly 50 locations in the city showed lead levels far below the levels considered dangerous.But the city's mayor said some homes in Flint cannot be fitted with filters, so bottled water is still needed.Flint, with a population of about 100,000, was under control of a state-appointed emergency manager in 2014 when it switched its water source from Detroit's municipal system to the Flint River to save money. The city switched back in October.The river water was more corrosive than the Detroit system's and caused more lead to leach from aging pipes. Lead can be toxic, and children are especially vulnerable. The crisis has prompted lawsuits by parents who say their children have shown dangerously high levels of lead in their blood. The EPA, which worked in coordination with the U.S. Centers for Disease Control (CDC) in the testing, said properly filtered water is safe even for pregnant and nursing women, and children, groups more susceptible to the effects of lead poisoning."Residents can be confident that they can use filtered water and protect their developing fetus or young child from lead," U.S. Department of Health and Human Services Assistant Secretary Dr. Nicole Lurie said in a statement. Lurie has led federal support efforts for the Flint crisis.The EPA said the filters distributed by the state of Michigan effectively remove lead or reduce it to levels well below the level of 15 parts per billion at which federal officials say action is needed. In the testing, nearly all filtered water tested below 1 part per billion. In January, water samples tested above 150 parts per billion. The state began offering free water filters in Flint in January."This good news shows the progress we are making with overall water quality improving in Flint," Michigan Governor Rick Snyder said in a statement. Snyder has been criticized for the state's poor handling of the crisis.Flint Mayor Karen Weaver noted that some homes have faucets where the filters do not fit. "This is not the ultimate solution," she said in a statement. "We still need new infrastructure, replacing the lead-tainted pipes in the city remains my top priority." (Reporting by Ben Klayman in Detroit; Editing by David Gregorio)

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