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Appeals court backs Apple in investor suit







Appeals court backs Apple in investor
suit

Appeals court backs Apple in investor
suit
04/08/2005 02:42 PM

Court upholds earlier decision that investors cannot sue Apple over fact that Power Mac G4, other products, failed to meet expectations.




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Appeals court backs Apple in investor suit

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Appeals Court rules for Apple in
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Apple Computer investors cannot sue the company over the fact that the Power Mac G4 Cube and other products didn't live up to Apple’s sales expectations, according to a federal appeals court ruling this week. CNET News is reporting that the appeals court also said allegations that Apple knew some of its sales projections were false at the time they made them was not supported by the facts presented in the case. The attempted class action suit was filed on behalf of those who purchased Apple shares between July 19 and Sept. 28 of 2000. The Ninth Circuit Court of Appeals said Monday that companies are to be given leeway because forecasts are by their nature only estimates.

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After a six-year court fight between Microsoft and the federal government and nearly 20 U.S. states, a federal appeals court today rejected efforts by opponents seeking harsher penalties than those included in the antitrust settlement with the company.

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A federal appeals court last week upheld a lower court's ruling that Apple investors cannot sue the company over the fact that the Power Mac G4 Cube didn't live up to Apple's predictions. By Laurie Duncan, Unofficial Apple Weblog


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While Senator Hatch is trying to overturn the original decision that said file sharing programs weren't liable for copyright infringement that occurred on their networks, the Appeals Court has upheld the original ruling. The Reuters report only has two paragraphs now, but I'm assuming it will be expanded with details. Once again, it looks like the courts have been able to understand the difference between a person doing something illegal, and a company that provides a tool. This ruling isn't a huge surprise, of course. During the trial, the judges made it clear they weren't buying the entertainment industry's version of the story, when the judge told the RIAA lawyer: "Let me say what I think your problem is. You can use these harsh terms, but you are dealing with something new, and the question is, does the statutory monopoly that Congress has given you reach out to that something new. And that's a very debatable question. You don't solve it by calling it 'theft.' You have to show why this court should extend a statutory monopoly to cover the new thing. That's your problem. Address that if you would. And curtail the use of abusive language."

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Supreme Court Hears Detainees' Appeals
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Next stop: The U.S. Supreme Court.

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Appeals court backs Apple in investor suit

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