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Old Sep 3, 2013, 10:59 AM   #1
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Appeals Court Lifts 18-Month Injunction Barring iCloud Mail Push Notifications in Germany




As noted by FOSS Patents, a German appeals court as lifted an injunction that has barred Apple from offering iCloud email push notifications to its customers in that country. The injunction, sparked by a lawsuit from Google's Motorola unit, has been in effect since February 2012, but it now seems likely that Apple's German customers will soon see the return of the functionality.
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...I called a spokesman for the Oberlandesgericht Karlsruhe (Karlsruhe Higher Regional Court), who was able to confirm to me officially that this appeals court granted an Apple motion stay the enforcement of the Mannheim Regional Court's February 2012 injunction.

As soon as Apple posts a bond (a requirement meant to secure Motorola's ability to collect infringement damages should it, against all odds, prevail at the end of this litigation and, equally unlikely, Apple go bankrupt in the meantime), it can give the push email feature back to all Germany-based iCloud users.
An April ruling by the German court had opened the door for Apple to file another request for a lifting of the injunction, and that request has now been granted.

Apple has been maintaining a support document regarding the issue on iOS in Germany, noting that it is currently unable to offer push functionality for email services from iCloud, Yahoo, AOL, QQ, and NetEase, with customers having to use a fetching method to retrieve new emails for those services. But with the new ruling, it appears that Apple will soon be able to restore this functionality to its German users.

Article Link: Appeals Court Lifts 18-Month Injunction Barring iCloud Mail Push Notifications in Germany
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Old Sep 3, 2013, 11:35 AM   #2
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Good news for German customers. Does this mean the end of the line for Motorola in Germany, or will the appeal still be heard some time in the future? Either way, your push notifications are there now to stay.
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Old Sep 3, 2013, 12:03 PM   #3
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Endlich - finally - enfin!
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Old Sep 3, 2013, 12:47 PM   #4
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... isn't there a forum rule saying only English is allowed (not to suppress groups of people, but to allow everyone to be fairly and equally moderated?)

Anyways, this was a silly court decision in the first place. It seems to me all that should ever happen in these cases is fines should be levied... making companies disable features inconveniences the customers more than anyone else. (Yes, some lowly developer has to change a variable from true to false, but all users in the region are impacted by it, and none for the better.)
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Old Sep 3, 2013, 01:06 PM   #5
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Originally Posted by Mike MA View Post
Jetzt noch bitte die iCloud Funktion für Filme, iTunes Radio nicht erst mit zwei Jahren Verspätung und endlich die Two-Step-Verification.
toller traum. aber ich befürchte, das gema-geretze wird uns einen ordentlichen strich durch die iRadio-rechnung machen

und für unsere englischsprachigen freunde: Sauerkraut!
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Old Sep 3, 2013, 03:55 PM   #6
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Originally Posted by macs4nw View Post
Good news for German customers. Does this mean the end of the line for Motorola in Germany, or will the appeal still be heard some time in the future? Either way, your push notifications are there now to stay.
This wasn't the pain point actually. I mean, disabling push notification and therefore activating the mail check once a minute was nearly a no brainer.

But if you look at these facts you might get a feeling what really is a problem over here - digital rights management:

iTunes Match: one year of delay before introduction
Movie rentals: introduced 2 years after the U.S.
Two-Step verification for Apple ID: disabled after two days
iTunes Movie in the Cloud: not introduced up until now
iTunes Radio: we all know what's going to happen....
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Old Sep 3, 2013, 03:57 PM   #7
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This is great news for all of us in Germany. I miss push mail on my iPhone, but I wish it worked for all folders and not only the inbox.
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Old Sep 3, 2013, 05:44 PM   #8
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Lol

Should have been lifted 18 months ago.
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Old Sep 4, 2013, 06:44 AM   #9
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Originally Posted by macs4nw View Post
Good news for German customers. Does this mean the end of the line for Motorola in Germany, or will the appeal still be heard some time in the future? Either way, your push notifications are there now to stay.
There is no court decision at all whether Apple is right or whether Motorola is right.

But before this, Motorola got an injunction, and Motorola had to post a bond to pay for damages to Apple if Apple wins the case. Now the injunction is going to be lifted, and Apple will have to post a bond to pay for damages to Motorola if Motorola wins the case. I suppose that once the case is decided, someone will have to hand over money.
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Old Sep 4, 2013, 08:32 AM   #10
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Originally Posted by Mike MA View Post
Jetzt noch bitte die iCloud Funktion für Filme, iTunes Radio nicht erst mit zwei Jahren Verspätung und endlich die Two-Step-Verification.
Besser jetzt, als nie.
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Old Sep 4, 2013, 03:57 PM   #11
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Originally Posted by gnasher729 View Post
There is no court decision at all whether Apple is right or whether Motorola is right.

But before this, Motorola got an injunction, and Motorola had to post a bond to pay for damages to Apple if Apple wins the case. Now the injunction is going to be lifted, and Apple will have to post a bond to pay for damages to Motorola if Motorola wins the case. I suppose that once the case is decided, someone will have to hand over money.
Got it now. The appeal was in respect of the injunction, rather than a trial outcome. Hard to keep up with all these ongoing legal wrangles. Thanks for clarifying.
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Old Sep 5, 2013, 01:25 AM   #12
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iCloud push email on iOS devices is bad anyway. It doesn't work as in OS X. I have various folders and I use server side rules to move incoming mail according to specific criteria, to these folders. In OS X this is not an issue and I get push mail notifications for these mails. In iOS I have to go to each folder and manually search for update. This sucks big time and makes using iCloud mail on iOS just plain bad. Having said that, I prefer using OS X to iOS in all situations..
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