Dec 202012
 December 20, 2012  Posted by  Breaches, Court

Philip A. Janquart reports that Apple has filed two motions for summary judgement in the potential class action lawsuit alleging collection and sharing of Unique Device ID’s:

Apple says it deserves summary judgment in a federal class action that says iPhones and iPads collect and distribute users’ personal information.

The multidistrict litigation at issue involves 19 class action hopefuls, centralized before U.S. District Judge Lucy Koh in San Jose, Calif. It advances claims that Apple conspires with application developers to capture users’ Unique Device ID’s (UDID), the unique identifying number Apple assigns to each of its iPhones and iPads, and hands it off to third parties without consent.

Read more on Courthouse News. Once again, one of the issues is Article III standing, and Apple argues that none of the named plaintiffs can show any harm at all.  In this case, however, it’s also a significant point that Apple says a forensic investigation of the plaintiff’s iPhones found

no evidence whatsoever to support Plaintiffs’ claims that the Specified Apps transmitted an “Apple assigned UDID” to the Third-Party Companies.  

This is Round 3 for the plaintiffs in terms of amending their complaint and I expect that the forensics evidence will tip the scale in favor of summary judgement, but then, I am neither a lawyer nor a judge.

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