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Apple faces lawsuits for slowing down aging iPhones

Apple Inc defrauded iPhone users by slowing devices without warning to compensate for poor-battery-performance, according to eight-lawsuits filed in various federal courts this week.

Since the company opened up about the year-old software-change, the tweak may have led iPhone owners to misguided attempts to resolve issues over the last year, the lawsuits contend.

All the lawsuits – filed in U.S. District Courts in California, New York and Illinois – seek class-action to represent potentially millions of iPhone owners nationwide.

A similar case was lodged in an Israeli court on Monday, the newspaper Haaretz reported.

Apple did not respond to an email seeking comment on the filings.

The company acknowledged last week for the first time in detail that operating system updates released since “last year” for the iPhone 6, iPhone 6s, iPhone SE and iPhone 7 included a feature “to smooth out” power supply from batteries that are cold, old or low on charge.

Phones without the adjustment would shut down abruptly because of a precaution designed to prevent components from getting fried, Apple said.

The disclosure followed a December 18 analysis by Primate Labs, which develops an iPhone performance measuring app that identified blips in processing speed and concluded that a software change had to be behind them.

One of the lawsuits, filed Thursday in San Francisco, said that “the batteries’ inability to handle the demand created by processor speeds” without the software patch was a defect.

“Rather than curing the battery defect by providing a free battery replacement for all affected iPhones, Apple sought to mask the battery defect,” according to the complaint.

The plaintiff in that case is represented by attorney Jeffrey Fazio, who represented plaintiffs in a 53-million dollars settlement with Apple in 2013 over its handling of iPhone warranty claims.

The problem now seen is that users over the last year could have blamed an aging computer processor for app crashes and sluggish performance – and chose to buy a new phone.

Meanwhile, the true cause may have been a weak battery that could have been replaced for a fraction of the cost, some of the lawsuits state.

“If it turns out that consumers would have replaced their battery instead of buying new iPhones had they known the true nature of Apple’s upgrades, you might start to have a better case for some sort of misrepresentation or fraud,” said Rory Van Loo.

Loo is a Boston University professor specialising in consumer technology law.

But Chris Hoofnagle, Faculty Director for the Berkeley Center or Law & Technology, said in an email that Apple might not have done wrong.

“We still haven’t come to consumer protection norms around aging products,’’ Hoofnagle said.

Pointing to a device with a security flaw as an example, he said, “the ethical approach could include degrading or even disabling functionality.”

The lawsuits seek unspecified damages in addition to in some cases, reimbursement.

A couple of the complaints seek court orders barring Apple from throttling iPhone computer speeds or requiring notification in future instances.

December 28, 2017
Man bags six months for stealing car battery

A 26-year-old unemployed, Alex Godwin, is to spend the next six months in prison for stealing a car battery, an Ikeja Magistrates’ Court, Lagos, has ruled.

The Magistrate, Mrs O.J. Awope, pronounced the verdict after the accused pleaded guilty to a charge of stealing on Thursday.

Awope, who sentenced Godwin without an option of fine, said the convict should serve the sentence with hard labour.

“You are hereby sentenced to six months imprisonment with hard labour and without an option of fine.

“The sentence would serve as a deterrent to others who might want to engage in similar acts,” she said.

Godwin, a resident of Alagbado in Ogun, had at his arraignment on December 4 pleaded guilty to the offence and was remanded in prison.

Read also: Court remands farmer, 55, for defiling a boy

When the case was called up for fact and sentence, he still admitted guilt but pleaded with the court to temper justice with mercy in sentencing him.

Earlier, the Prosecutor, ASP Ezekiel Ayorinde, had told the court that the accused committed the offence on November 27 at Iju Road, Agege, Lagos.

He said that the accused stole a motor battery whose value and owner yet unknown.

“The accused was caught with the battery by security guards on the street.

“When he was questioned, he confessed that he removed the battery inside a commercial bus parked along the road,” he said.

The offence contravened Section 287 of the Criminal Law of Lagos State, 2015 (Revised).

NAN

December 28, 2017
Ex army boss sworn in as Zimbabwe VP

Retired army chief Constantino Chiwenga, who led a de facto coup in November that ended Robert Mugabe’s 37-year rule, was installed as Zimbabwe ’s vice president in Harare on Thursday.

Chiwenga, whose appearance on state television on November 15 preceded armed soldiers taking to the streets, paving the way for Emmerson Mnangagwa to become president, is the latest in a string of military leaders to be elevated to government positions.

Read also: I saved Nigeria from being turned into another Zimbabwe – Atiku

Mnangagwa has appointed several senior military officers to his cabinet and the ruling party’s top decision-making body, the Politburo.

However, he is under pressure from opposition parties and the public to implement political reforms.

(NAN)

December 28, 2017
Man charged with sending bullet to deputy PM

A 74-year-old man was charged on Thursday with posting a bullet and threatening letter to Australia’s Deputy Prime Minister Barnaby Joyce.

The man was charged with stalking and using a carriage service to menace, harass or offend.

Police alleged that the man sent the bullet and threatening letter to Joyce’s electoral office in the country town of Tamworth where it was opened by a staff worker on November 6.

Police also alleged that the man made a threatening phone call to a private home on December 22.

Authorities also alleged that the letter contained a message about the controversial Adani mine project, News Ltd reported.

The man was granted bail and is due to appear in court on February 12.

The Indian company Adani plans to build Australia’s largest coal mine in central Queensland’s Galilee Basin.

The Australian government and the Queensland state government are both promoting the mine, saying it will generate thousands of jobs.

Opponents say the project will fuel global warming and destroy the Great Barrier Reef, which is already being damaged by warming oceans.

There are also concerns about Adani’s corporate track record, including allegations of involvement in bribery and money laundering.

(dpa/NAN)

December 28, 2017
Russia, Vatican disagree with Trump over Jerusalem

Russia and the Vatican disagree with the decision of President Donald Trump to recognise Jerusalem as the capital of Israel and to relocate the U.S. embassy from Tel Aviv, Alexander Avdeyev, the Russian ambassador to the Vatican City has said.

Avdeyev recalled that Pope Francis, the leader of the Catholic Church, in one of his recent statements said that the status quo of Jerusalem, which is a place of pilgrimage and worship for Jews, Christians and Muslims, should be respected.

“This is a city of three Abrahamic religions and it should not be politicised by recognition as a capital.

“I draw attention to the fact that this statement was made by the Pope, who usually expresses his position very carefully in order not to offend anyone.

“So we can see a clear disagreement with the U.S. decision here. We have the similar position,” Avdeyev told Sputnik.

On December 6, Trump announced his decision to recognize Jerusalem as Israel’s capital and instructed the State Department to launch the process of moving the U.S. Embassy, which is currently located in Tel Aviv, to Jerusalem.

The step has prompted criticism from a number of states, first and foremost Middle Eastern states and Palestine, and triggered a wave of protests in the region.

On December 7, the UN General Assembly adopted a resolution on Jerusalem’s legal status.

The document called on UN member states to refrain from the establishment of diplomatic missions in the city.

The diplomat also said that Russia and the Vatican share similar views on the world and the threats posed to it in the 21st century.

“We have much in common in our vision of the threats and dangers of the 21st century. This is an important issue that unites us.

“First of all, I speak about the threat of any terrorism, criminal, religious or separatist one. The second threat is the weakening of non-proliferation regimes.

“Of particular concern is the drug trafficking and the separation into rich and poor in the world,” Avdeyev said.

The Russian diplomat added that the two states also had a common view on the threats posed by social and economic inequality and terrorism, which were behind migration.

According to the diplomat, unregulated globalisation that was closely tied with neoliberal values could result in “a significant deformation of the civil societies.”

Avdeyev added that the two states were supportive of sovereignty and territorial integrity of Syria and backed the negotiating process and dialogue as a path toward these goals.

The ambassador also said that the Russian Orthodox Church and the Roman Catholic Church were concerned over the destruction of the moral and ethical values of the Christian civilisation.

(Sputnik/NAN)

December 28, 2017
Yusuf Buhari not flown to Germany – Presidency

The Presidency has dismissed as `fake news’ an online story that the President’s son, Yusuf Buhari was flown out of the country early Thursday morning following his severe head injury in a bike accident.

An online media outfit, TheCable, on Thursday reported that Buhari had been flown to Germany over head injury he sustained following a bike accident on Tuesday night.

“As previously reported by TheCable, he is being flown to Germany for specialist care.

“The family is said to have decided on Germany.

“He was driven to the Nnamdi Azikiwe Airport, Abuja, in an ambulance with oxygen support.

“An orthopedic consultant with specialisation in head injuries was also on the flight to monitor his progress,’’ TheCable reported

However, Malam Garba Shehu, the Senior Special Assistant to the President on Media and Publicity in a text message on Thursday in Abuja, said Buhari was still being treated at a private hospital in Abuja.

Read also: Yusuf Buhari hospitalised after bike accident

It would be recalled that Shehu had on Wednesday in a statement confirmed that the son of the President, Yusuf Buhari, who was involved in a bike accident, was in stable condition.

He said that Yusuf had the accident on Tuesday night around Gwarimpa area in the Federal Capital Territory ( FCT ), Abuja.

Shehu said Buhari junior broke a limb and also sustained an injury on the head as a result of the incident.

“He has undergone surgery at a clinic in Abuja. He is in a stable condition.

“The President and his wife, Mrs Aisha Muhammadu Buhari are thankful to Nigerians for the good wishes and prayers for their son,” the presidential spokesman said.

NAN

December 28, 2017
Obama, Clinton top list of most admired in US

Former President Barack Obama and former presidential candidate Hillary Clinton retained their titles among U.S. adults as the most admired man and woman anywhere in the world in 2017 for the tenth consecutive year.

Àccording to a poll by the Gallup organisation, Obama edged out [President] Donald Trump, by 17 per cent to 14 per cent, while Clinton edged out Michelle Obama, by nine per cent to seven per cent.

Trump won handily among Republicans, 35 per cent name him as the man they admire most, with only one per cent Obama, the release explained.

In contrast, Obama led among Democrats, with 39 per cent mentioning him and 3 percent mentioning Trump.

Read also: How Obama Michelle spend after presidency

Meanwhile, Clinton ’s nine per cent marked the lowest score she has received since 2002, when named by seven per cent, the release noted.

She has held the title a record 22 times in total, with Eleanor Roosevelt in second place with 13 wins.

Obama has been named the most admired man ten times, trailing only President Dwight Eisenhower, who earned the distinction 12 times, according to the release.

Barack Obama won all eight years he was president, plus 2008, the year he was first elected, and this year, his first as a former president of the U.S.

(Sputnik/NAN)

December 28, 2017
Pastor docked for duping worshipper of N1.1m

A 40-year-old man, Femi Adewale, was on Thursday arraigned before Chief Magistrate B. B. Adebowale of an Ota Magistrates’ Court in Ogun for allegedly collecting N1.1 million under false pretences from a worshipper.

Adewale who claimed to be a pastor collected N1.1 million from one Ibukun Aderonmu, with a promise to assist her to solve her spiritual problems.

The accused of No. 22, Farinde St., Ijako, Ota, is facing a two-count charge of conspiracy and obtaining money under false pretences.

The prosecutor, Cpl. Abdulkareem Mustapha told the court that the defendant and others, still at large, committed the offences on Sept. 14 at Ijako area of Ota.

Mustapha said that the defendant and his accomplices collected the money with a promise to help Aderonmu to solve her spiritual problems, an agreement he did not fulfill.

He said that the offences contravened Sections 390(9) and 419 of the Criminal Code Vol. 1, Laws of Ogun, 2006.

The defendant, however, pleaded not guilty to the charge.

The Chief Magistrate, Mrs B. B. Adebowale, granted the defendant bail in the sum of N500,000 with two sureties in like sum.

She said that the sureties must be residing within the court’s jurisdiction and swear to an affidavit of means.

Adebowale also ordered that the sureties should show evidence of tax payment to the Ogun State Government and submit four recent passport photographs to the court.

The case was adjourned until January 22, 2018 for hearing.

NAN

December 22, 2017
Bill to regulate bank charges passes second reading

A bill for an Act to amend the Banks and other Financial Institutions Act has passed second reading in the House of Representatives.

The amendment seeks to mandate banks and other financial institution in Nigeria to state in writing, all charges and fees accruing to any transactions in the banks.

The bill which was sponsored by Rep. Jones Onyereri ( Imo-PDP ) also seeks to increase penalties to deter corporate and individual misconduct.

Leading the debate, Onyereri said the bill seeks to amend the banking Act and to among other things, regulate banks and other financial institutions.

The legislator said in line with the current economic realities, there was a need to deter incessant contravention of banking laws.

He said that the bill, when amended will prohibit carrying on of such businesses in the country and streamline the operations of banks and financial institutions in Nigeria to conform with international best practices.

Rep. Daniel Reyenieju (Delta-PDP) said that there are many victims of arbitrary charges and that there was need for banks and financial institutions to be transparent.

Reyenieju acknowledged that the banks were out to make profits but stressed that the process most be open for the customer to know.

In his ruling, the Speaker Yakubu Dogara referred the bill to the House Committee on Banking and Currency for further legislative actions.

NAN

December 21, 2017
Another House of Rep member defects to APC

A member of the House of Representatives, Johnson Agbonayinma, on Thursday in Abuja announced his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Agbonayinma represents Egor/Ikpoba Okha Federal Constituency of Edo.

Agbonayinma’s defection came barely 24 hours after another member of PDP from the House, Nnanna Igbokwe, representing Ahiazu, Mbaise/Ezinihite Federal Constituency of Imo left the PDP for the ruling-APC.

In his defection letter read by Speaker Yakubu Dogara, Agbonayinma said that he was defecting because the PDP shot the door against him.

“What made me take this step is because the PDP is factionalised and has continued to promote impunity.

“You can recall that I did not participate in the party’s national convention of December 9 held at Eagle Square in Abuja because I belong to the Ali Modu Sheriff’s camp, which tried to put things right in the PDP.

Read also: PDP members defect to APC in Delta

“Sheriff tried to end the impunity that has characterised the PDP by ensuring the return of the party to the people.

“However, the party members refused to allow internal party democracy thrive.

“Today, the party is factionalised; while one faction is at the Wadata Plaza, another is in Asokoro.

“This is not the way to go; the concocted unity list by the governors during the convention further deepened the crisis in the party.

“The PDP has shut the door against me and I have no other alternative than to heed the call of the people who elected me to resign from the PDP and join the APC,’’ Agbonayinma said.

He claimed that he was being intimidated by his colleagues in PDP for opting not to join a walk out over Igbokwe’s defection.

Agbonayinma said that his colleagues vowed to frustrate his motion on Digital Switch Over for refusing to join the walk out.

“It is time to put partisan politics aside and promote national interest,’’ Agbonayinma said.

The House Majority Leader, Rep. Femi Gbajabiamila, said that “Agbonayinma took the right decision because his political philosophy is progressive’’.

However, the Deputy Minority Leader of the House, Rep. Chukwuka Onyema, on behalf of the PDP caucus in the house, bid Agbonayinma farewell.

Onyema said that Agbonayinma’s exit from the PDP leaves the party in a better shape.

Agbonayinma’s defection brings the number of lawmakers who decamped from the PDP to the APC to seven in the last 12 months.

NAN

December 21, 2017