flydog

larryjw said:

Why does it seem that the ITC is a party to this case?

They should have no business before the federal court, making arguments to the Court. The federal court can read and consider the ITC's decision, but only Masimo and Apple are parties.

What am I missing?

A quick google search will reveal what you're missing:

As a quasi-judicial entity, the USITC investigates the impact of imports on U.S. industries, and directs actions against unfair trade practices, such as subsidies; dumping; and intellectual property infringement, including copyright infringement.

saarek said:

There was nothing stopping them from upgrading Lightning to take faster speeds, etc. 

Source?

chasm said:

Panner_Nudding said:

He's made a lot of money, I mean a lot of money over the years and knew the risk building a business off another business and that risk finally materialized like it always does. 

A. Probably a lot less than you imagine. Developing apps COSTS money, you know, in terms of both support and upkeep, and Selig updated his a lot.

B. Nearly all businesses are built off of another business. Do you think McDonald’s  raises its own cattle and grows its own potatoes?

McDonald's pays for beef and potatoes. Selig paid Reddit nothing. 

Wesley Hilliard said:

Panner_Nudding said:

Why should anyone decline a refund for a service they paid for is being shut down? This developer is a great person but Apollo isn't a charity although at times he gives IAPs to charity nothing indicates that declining a refund would go to a charitable cause. He's made a lot of money, I mean a lot of money over the years and knew the risk building a business off another business and that risk finally materialized like it always does. 

Because the annual subscription was something like $25. Anyone who paid it doesn't miss that money, but owing Apple $250,000 in prorated refunds will certainly hurt. He's done ok, but don't overestimate what a developer makes just because they run a popular app. These people aren't millionaires.

It's your choice to not get refunded of course. But we all agree that declining the refund is the respectable thing to do.

He's done "ok" ????    He collected millions of dollars a year.  

JP234 said:

mikethemartian said:

netrox said:

That is so ridiculous. As long as shareholders are making money, what's the problem???? 

So it is OK to put out materially false information as long as that misinformation successfully increases the stock price?

It wasn't misinformation. It was an informed opinion, which turned out to be correct. Don't see the problem, except for a few short sellers, who got kicked in the nuts when they didn't believe it.

Framing something as an "opinion" doesn't transforom if from false to truthful. The question is whether person who stated the "opinion" knew that it was false or was negligent in forming that opinion. Moreover, according to the ruling, Apple knew that it was facing economic headwinds in China in November 2018, and not only failed to disclose it until early 2019, but told investors that he would not put China in the "category" of other regions where there was sales pressure.  This was not merely an "opinion," it was a statement of fact made to investors.