Tag: covit

  • Apple tries to dismiss $800 million lawsuit over coronavirus app

    Apple tries to dismiss $800 million lawsuit over coronavirus app

    Although Apple continues to enjoy booming business worldwide, it doesn’t seem very fortunate when it comes to the number of lawsuits filed against it this year. We’ve already lost count of all the anti-trust violation lawsuits that have bombarded the company, including its “battle royale” with Epic Games, and others.

    This time, the tech giant is dealing with a pretty serious lawsuit coming from the developers of an app called “Coronavirus Reporter.”

    Earlier this year, Coronavirus Reporter planned to be the first COVID-related app in the App Store, intending to “capture and obtain critical biostatistical and epidemiological data as it happened” by collecting self-identified COVID symptoms from people, and presenting symptomatic regions on a map.

    After the app was rejected once in January, the developers filed an appeal, and requested that Apple allow the kind of content that Coronavirus Reporter would offer into the App Store.

    After the rejection, the plaintiff asked Apple to “expand the rule to allow corporations other than insurance companies, such as biotechnology or bioinformatics firms. Apple agreed, and added health care corporations to the list of permissible entities.”

    After Apple acquiesced, the app applied a second time to be offered in the App Store, even after providing additional documentation—but was promptly dismissed “for no good reason,” its developers claim.

    Following the second rejection, the app’s developers sued Apple again on the grounds that it rejected what could have been an important contribution to society, in order to maintain its monopoly on COVID exposure notifications (which Apple already channels).

    Apple responded that monopoly had nothing to do with it, but that Apple’s policy forbids applications from companies that are not part of approved healthcare organizations.

    The developers countered that their company “includes the ex-NASA cardiologist responsible for creating the ‘gold standard test’ for detecting heart attacks.” They issued a second, amended complaint, where they emphasized anti-trust accusations against Apple.

    In the latest development of the case, Apple has fired back once again, claiming that the developers of Coronavirus Reporter are blindly drawing on irrelevant antitrust cases in an attempt to play the white knight, in a case that is an isolated scenario.

    Apple argued that Coronavirus Reporter’s revised $800 million lawsuit [simply repeated its original allegations, that the developer erroneously added five unnamed apps purporting to be plaintiffs, and copied and pasted claims from at least three other pending antitrust cases against the company in the Northern District of California.

    Apple’s new filing, calling for the case to be dismissed, is constituted by a public 26-page long document—apart from that, Apple has issued no comment on the matter.

  • Smiggle parent Premier Investments feeling the impact of Covit-19

    Smiggle parent Premier Investments feeling the impact of Covit-19

    Premier Investments has weathered a string of global crises, including Brexit, Hong Kong protests and Australia’s bushfires to post record sales and earnings in the first half of the financial year – but now it says the coronavirus pandemic is impacting trade across every brand in its portfolio.

    On Friday, the owner of major national and international retail brands, including Smiggle, Peter Alexander, Just Jeans, Portmans, Dotti, Jacqui E, Jay Jays and Breville, reported a 7.6-per-cent increase in first-half sales year on year, to $732.1 million (US$427.7 million), and a 10.7-per-cent increase in earnings before interest and tax, to $126.1 million ($73.7 million).

    But the strong performance may be cold comfort, as the coronavirus outbreak and strict self-isolation measures introduced to contain the spread in certain markets have already severely impacted Premier’s trade in the second half.

    Smiggle sales have been “severely disrupted” in Hong Kong, Singapore, and Malaysia, and “deteriorated significantly” in the UK and Ireland, the company said in a statement to the Australian Stock Exchange.

    Trade-in all brands in Australia and New Zealand have been impacted, and the company warned gross margin could be affected as it moves to clear inventory in each market.

    Premier Investments CEO Mark McInnes declined to provide specifics on changes in sales or foot traffic, saying on a media call that the company was not “in control of what’s happening on a daily basis” and “merely responding” to the crisis at hand.

    He described the current situation as “unprecedented” and unlike anything he has experienced, including the Global Financial Crisis in 2008 and recession in 1991.

    He also warned there could be widespread store closures if landlords do not start supporting their tenants by renegotiating rents.

    “Since the outbreak of COVID-19, we have closed two stores in Hong Kong, and we are prepared to close many more stores globally if landlords do not respond to the current crisis,” McInnes said.

    While he noted that Premier Investments could exit 70 percent of its leases in Australia and New Zealand with just 30 days’ notice, he said it wasn’t about “profiteering”, but rather “sharing the reality”.

    “Historical rents are just…all we’re pointing out to landlords is the reality of the situation,” he said.