May 172014
 
 May 17, 2014  Breaches, Business, Court

William Dotinga reports that most of Opperman v. Path has been gutted by the court:

The lack of specific injury dooms a massive lawsuit accusing Apple and 14 app developers of mining iPhones and iPads for data, a federal judge said.

[…]

Tigar’s 57-page dismissal Wednesday, credits most of the points made by Apple and the app makers. While Tigar declined to go where Apple wanted – that the tech giant should not be held responsible for what app developers put in the App Store – he found the pleadings by Marc Opperman and other plaintiffs had changed very little from previous incarnations.

Specifically, claims that the plaintiffs had been duped by a drawn-out false advertising campaign which painted Apple products as safe and secure lack the detail needed for them to continue, Tigar said.

[…]

The judge gave the plaintiffs another chance to fix the deficiencies in their complaint, and advanced the common-law “intrusion upon seclusion,” invasion-of-privacy claim against the app developers only. The plaintiffs have 30 days to file a new complaint.

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