AT&T Loses Data-Throttling Case in Small-Claims Court

Matt Spaccarelli is an unemployed truck driver in Simi Valley, Calif., and, in the eyes of ATT (T), a data hog. The company’s meatiest data plan currently charges consumers $50 for 5 gigabytes a month—enough to stream an hour of video and two hours of music every day, according to ATT’s own calculations. Spaccarelli is grandfathered into an unlimited data plan, and he makes good use of it. He streamed all five seasons of The Office through his iPhone’s Netflix (NFLX) app. He says he averages about 10 gigabytes a month and one month topped out at 18 gigs.

In December he realized ATT was throttling his download speeds—a policy it uses to punish the top 5 percent of the heaviest users. “Netflix and streaming audio became impossible to use,” says Spaccarelli, 39, who once drove the Planters Peanut hot rod in the Macy’s Thanksgiving Day Parade. After a phone spat with customer support he decided to sue. On Feb. 24 a small-claims court judge awarded him $850—the estimated value of the data he can’t use over the final 10 months of his contract. The judge ruled “you cannot tell someone they have an unlimited plan and not provide them with unlimited data,” says Spaccarelli.

“When a small minority of the heaviest users do things like regularly streaming Netflix movies … they create network congestion which impairs the ability of other customers to use our data network,” says ATT spokesman Mark Siegel. The company will decide whether to appeal the ruling once it officially receives the judge’s decision, he says. A decision in small-claims court does not set a precedent that must be followed, but it could help sway judges in similar cases if more disgruntled consumers decide to sue.

Spaccarelli is suggesting they do exactly that. He’s set up a website to explain the process for launching a small-claims court case and is currently walking his brother through the steps, which he says are “very easy.” The online petition site Change.org says consumers have launched more than 50 petitions in recent weeks asking cellular carriers to stop data-throttling, and one targeting ATT has garnered 8,000 signatures.

Lawyers weren’t allowed in the initial case, but if an appeal goes forward, Spaccarelli plans to have his friend, a personal injury attorney, represent him. He doesn’t hold any grudges against the company, though. Generally, he says, “I’m happy with ATT. I like ATT service.”

The bottom line: A small-claims court in California ruled against ATT in a data-throttling case, but the verdict doesn’t set a binding precedent.

Article source: http://www.businessweek.com/articles/2012-03-01/at-and-t-loses-data-throttling-case-in-small-claims-court

iPhone 5 rumors: Apple names Corning an iPhone manufacturer

Apple has recently acknowledged that the Gorilla Glass maker is among the manufacturers for the future iPhone.

Gorilla Glass is the most resistant smartphone screen and speculation is rife that Apple’s upcoming products will feature the technology.

Back in 2006, Steve Jobs persuaded CEO Wendell Weeks to produce the first products for the iPhone 2G but neither Apple nor Corning recognized the collaboration.

However, the Cupertino tech giant released its US Jobs report and mentions the following:

“Corning employees in Kentucky and New York who create the majority of the glass for iPhone,..”

As the collaboration between the two companies seems official now, speculation is rife that the iPhone 5 and the iPad 3 will feature Corning Gorilla Glass 2, which was presented at CES 2012.

The product is thinner, lighter and stronger than the current Gorilla Glass by up to 20% and Apple’s future handsets may benefit from the technology.

Article source: http://www.inrumor.com/in/technology/iphone-5-rumors-apple-names-corning-an-iphone-manufacturer/

Samsung Galaxy S3 vs iPhone 5: Who Has The Upperhand This Fall?

With Samsung having announced that the much anticipated Samsung Galaxy S3 will be announced at a separate event shortly after MWC 2012, the release of the device now looks set for sometime in the fall (it took the Galaxy S2 almost 6 months after the announcement to be made available through US carriers).

Now this just happens to also be around the same time the Apple iPhone 5 is expected to be announced following last year’s delayed iPhone 4S launch schedule.

So where do these behemoths stand against each other? Given that both manufacturers are unlikely to release any details until the official announcement, we have to turn to the rumor mill for some clues.

Samsung Galaxy S3 vs iPhone 5 (rumors)

During MWC 2012, the folks over at BGR have suggested that the Samsung Galaxy S3 will pack a quad-core processor, 1080p HD screen, and a ceramic case. The blog goes on to spill more technical details like a 1.5GHz quad-core Samsung Exynos processor, 4.8-inch 1080p 16:9 screen, 8-megapixel rear camera, 2-megapixel front camera and will run Android 4.0 Ice Cream Sandwich with a new version of TouchWiz on top. It will also be 4G LTE capable.

As for the iPhone 5, it too shares very similar upgrades. Rumors suggest that it will share the same chipset as the upcoming iPad 3 which will purportedly be quad-core as well. It will also get a screen size upgrade although 4.8-inches may be a little too far. As for the camera, the recently unveiled 12-megapixel Sony camera sensor has been tipped to be making its way into the iPhone 5. Lastly, it will run the latest iOS 6.0 (to launch with iPad 3 as well?) and be the first iPhone that is LTE capable.

Rumor-wise, both devices look on par with each other and appear to be on the same crash course for a fall release. Based on these rumors, which one would you pick?

Article source: http://www.motoringcrunch.com/news/mobile-tech/10077-samsung-galaxy-s3-vs-iphone-5