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Apple agrees to settlement of up to $500 million from lawsuit alleging it throttled older phones

Apple Inc. has agreed to pay a settlement of up to $500 million, following a lawsuit accusing the company of intentionally slowing down the performance of older phones to encourage customers to buy newer models or fresh batteries.
The preliminary proposed class action lawsuit was disclosed Friday night and would see Apple pay consumers $25 per phone, as reported by Reuters.
Any settlement needs to be approved by U.S. District Judge Edward Davila, who oversaw the case brought in San Jose, Calif.
For consumers, the $25 payout may seem a little low, as a new iPhone can cost anywhere from $649 to $849 (for a lower-end model). The cost may be varied depending on how many people sue, and the company is set to pay at least $310 million under the terms of the settlement.
For its part, Apple is denying wrongdoing in the case and said it was only agreeing to avoid the cost and burden associated with the lawsuit.
Any U.S. owner of the iPhone 6, 6 Plus, 6s, 6s Plus, 7 Plus or SE that ran on iOS 10.2.1 or any of the later operating systems are covered by the settlement. Users of the iPhone 7 and 7 Plus which ran iOS 11.2 or later before Dec. 21, 2017 are also covered by the settlement.
Apple customers said their phone performance slowed down after they installed Apple software updates. The customers contend that Apple’s software updates intentionally degraded the performance of older models to encourage customers to unnecessarily upgrade to newer models or install new batteries.
Lawyers for Apple said that the problems were mainly due to high usage, temperature changes and other issues and that its engineers tried to address the problems as quickly as possible.
In February, Apple was fined $27 million by the French government for the same issue.
As we reported at the time:
A couple of years ago, Apple  released an iOS update (10.2.1 and 11.2) that introduced a new feature for older devices. If your battery is getting old, iOS would cap peak performances as your battery might not be able to handle quick peaks of power draw. The result of those peaks is that your iPhone might shut down abruptly.
While that feature is technically fine, Apple failed to inform users that it was capping performances on some devices. The company apologized and introduced a new software feature called “Battery Health,” which lets you check the maximum capacity of your battery and if your iPhone can reach peak performance.
And that’s the issue here. Many users may have noticed that their phone would get slower when they play a game, for instance. But they didn’t know that replacing the battery would fix that. Some users may have bought new phones even though their existing phone was working fine.
Shares of Apple were up more than 9% today in a general market rally.

Apple agrees to settlement of up to $500 million from lawsuit alleging it throttled older phones

This Week in Apps: Coronavirus impacts app stores, Facebook sues mobile SDK maker, Apple kicks out a cloud gaming app

Welcome back to This Week in Apps, the Extra Crunch series that recaps the latest OS news, the applications they support and the money that flows through it all.
The app industry is as hot as ever, with a record 204 billion downloads in 2019 and $120 billion in consumer spending in 2019, according to App Annie’s recently released “State of Mobile” annual report. People are now spending 3 hours and 40 minutes per day using apps, rivaling TV. Apps aren’t just a way to pass idle hours — they’re a big business. In 2019, mobile-first companies had a combined $544 billion valuation, 6.5x higher than those without a mobile focus.
In this Extra Crunch series, we help you keep up with the latest news from the world of apps, delivered on a weekly basis.
This week, we’ll look at the coronavirus outbreak’s impact on the App Store, China’s demand for App Store removals — and soon-to-be-removals, it seems. We’re also talking about Facebook’s lawsuit over a data-grabbing SDK, Tinder’s new video series, the TSA ban on TikTok, Instagram’s explanation for its lack of an iPad app and how Democratic presidential primary candidates are performing on mobile and social, among other things.
Headlines
Coronavirus concerns send Chinese ride-hailing apps crashing, games surging

One of the many economic fallouts related to COVID-19 coronavirus concerns is a significant decline in the usage of Chinese ride-hailing applications. According to Sensor Tower data, downloads of the three most popular apps — Hello, Didi and Dida — were down 75% year-over-year during the week of February 10 compared with the same time frame in 2019. Meanwhile, people staying home have been ordering food and groceries more often. Overall downloads of the top 10 apps in the food-ordering category increased by 68% from January 13 to the week of February 3.
Also on the rise are mobile games. According to a recent report by the FT, users in China downloaded a record number of games and apps as the virus outbreak confined people to their homes. More than 22 million downloads were registered in Apple’s App Store in China during the week of February 2, according to App Annie, and average weekly downloads during the first two weeks of February were up 40% over the same time last year.
Meanwhile, Chinese tech giants, including Alibaba and Tencent, have been deploying health-rating systems to help authorities track the movements of millions of Chinese. Alibaba had been tapped to explore the rollout of a rating app to help the government control who can travel into and around the city. Along with Ant Financial, it worked to develop a smartphone-based rating system in conjunction with the government of Hangzhou. Tencent created a program for Shenzhen, reported The WSJ.
Top mobile game Plague Inc. pulled from China’s App Store amid coronavirus outbreak
Plague Inc., a simulation game with more than 130 million players, was pulled from the Chinese App Store this week, a move that appears to be linked to the coronavirus outbreak. The company behind the game, Ndemic, posted a statement announcing that the game’s content is now considered “illegal in China as determined by the Cyberspace Administration of China.” Ndemic says it’s trying to reach out to find out what, specifically, it could change in order to get the game back in China.

This Week in Apps: Coronavirus impacts app stores, Facebook sues mobile SDK maker, Apple kicks out a cloud gaming app

Netflix begins streaming in AV1 on Android

Netflix announced this week that it has started to stream titles in AV1 on Android in what could significantly help the two-year-old media codec gain wider adoption.
The world’s biggest streaming giant said on Wednesday that by switching from Google’s VP9 — which it previously used on Android — to AV1, its compression efficiency has gone up by 20%.
At the moment, only “select titles” are available to stream in AV1 for subscribers “who wish to reduce their cellular data usage by enabling the ‘Save Data’ feature,” the American firm said.
Netflix hasn’t shared much about the benefit AV1 will provide to customers, but the new media codec’s acceptance nonetheless sends a message by itself.
Tech giants, including Google, have spent years developing and improving media codecs as consumption of data skyrocketed and low-cost devices began to sell like hotcakes. But they just can’t seem to settle on one media codec and universally support it.
Think of Safari and YouTube, for instance. You can’t stream YouTube videos in 4K resolution on Safari, because Apple’s browser does not support Google’s VP9. And Google does not support HEVC for 4K videos on YouTube.
AV1 is supposed to be the savior media codec that gets universal support. It’s royalty-free and it works atop of open-source dav1d decoder that has been built by VideoLAN, best known for its widely popular media player VLC and FFmpeg communities. It is sponsored by the Alliance for Open Media.
Who are the members of Alliance for Open Media? Nearly all the big guys: Apple, Google, Amazon, Netflix, Nvidia, ARM, Facebook, Microsoft, Mozilla, Samsung and Tencent, among others.
But that’s not to say there aren’t roadblocks in the adoption of AV1. Compared to HEVC — the format that AV1 is supposed to replace in popularity — encoding in AV1 was noticeably slower a year ago, as per some benchmark tests.
Adoption of AV1 by various browsers, according to analytics firm StatCounter. Safari is yet to support it.
Netflix’s announcement suggests that things have improved. The streaming giant said its goal is to support AV1 on all of its platforms. “In the spirit of making AV1 widely available, we are sponsoring an open-source effort to optimize 10-bit performance further and make these gains available to all,” it said in a blog post.

Netflix begins streaming in AV1 on Android

This Week in Apps: Apple antitrust issues come to Congress, subscription apps boom, Tencent takes on TikTok

Welcome back to ThisWeek in Apps, the Extra Crunch series that recaps the latest OS news, the applications they support and the money that flows through it all.
The app industry is as hot as ever with a record 204 billion downloads in 2019 and $120 billion in consumer spending in 2019, according to App Annie’s recently released “State of Mobile” annual report. People are now spending 3 hours and 40 minutes per day using apps, rivaling TV. Apps aren’t just a way to pass idle hours — they’re a big business. In 2019, mobile-first companies had a combined $544 billion valuation, 6.5x higher than those without a mobile focus.
In this Extra Crunch series, we help you keep up with the latest news from the world of apps, delivered on a weekly basis.
This week, there was a ton of app news. We’re digging into the latest with Apple’s antitrust issues, Tencent’s plan to leverage WeChat to fend off the TikTok threat, AppsFlyer’s massive new round, the booming subscription economy, Disney’s mobile game studio sale, Pokémon GO’s boost to tourism, Match Group’s latest investment and much more. And did you see the app that lets you use your phone from within a paper envelope? Or the new AR social network? It’s Weird App Week, apparently.
Headlines

This Week in Apps: Apple antitrust issues come to Congress, subscription apps boom, Tencent takes on TikTok

Apple buys edge-based AI startup Xnor.ai for a reported $200M

Xnor.ai, spun off in 2017 from the nonprofit Allen Institute for AI (AI2), has been acquired by Apple for about $200 million. A source close to the company corroborated a report this morning from GeekWire to that effect.
Apple confirmed the reports with its standard statement for this sort of quiet acquisition: “Apple buys smaller technology companies from time to time and we generally do not discuss our purpose or plans.” (I’ve asked for clarification just in case.)
Xnor.ai began as a process for making machine learning algorithms highly efficient — so efficient that they could run on even the lowest tier of hardware out there, things like embedded electronics in security cameras that use only a modicum of power. Yet using Xnor’s algorithms they could accomplish tasks like object recognition, which in other circumstances might require a powerful processor or connection to the cloud.

Xnor’s saltine-sized, solar-powered AI hardware redefines the edge

CEO Ali Farhadi and his founding team put the company together at AI2 and spun it out just before the organization formally launched its incubator program. It raised $2.7M in early 2017 and $12M in 2018, both rounds led by Seattle’s Madrona Venture Group, and has steadily grown its local operations and areas of business.
The $200M acquisition price is only approximate, the source indicated, but even if the final number were less by half that would be a big return for Madrona and other investors.
The company will likely move to Apple’s Seattle offices; GeekWire, visiting the Xnor.ai offices (in inclement weather, no less), reported that a move was clearly underway. AI2 confirmed that Farhadi is no longer working there, but he will retain his faculty position at the University of Washington.
An acquisition by Apple makes perfect sense when one thinks of how that company has been directing its efforts towards edge computing. With a chip dedicated to executing machine learning workflows in a variety of situations, Apple clearly intends for its devices to operate independent of the cloud for such tasks as facial recognition, natural language processing, and augmented reality. It’s as much for performance as privacy purposes.
Its camera software especially makes extensive use of machine learning algorithms for both capturing and processing images, a compute-heavy task that could potentially be made much lighter with the inclusion of Xnor’s economizing techniques. The future of photography is code, after all — so the more of it you can execute, and the less time and power it takes to do so, the better.

The future of photography is code

 
It could also indicate new forays in the smart home, toward which with HomePod Apple has made some tentative steps. But Xnor’s technology is highly adaptable and as such rather difficult to predict as far as what it enables for such a vast company as Apple.

Apple buys edge-based AI startup Xnor.ai for a reported $200M