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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