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	<title type="text">Dan Levine | Vox</title>
	<subtitle type="text">Our world has too much noise and too little context. Vox helps you understand what matters.</subtitle>

	<updated>2019-03-06T11:25:12+00:00</updated>

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		<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Uber, Lyft Face Disability Access Questions From Massachusetts]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/7/18/11614826/uber-lyft-face-disability-access-questions-from-massachusetts" />
			<id>https://www.vox.com/2015/7/18/11614826/uber-lyft-face-disability-access-questions-from-massachusetts</id>
			<updated>2019-03-06T05:57:09-05:00</updated>
			<published>2015-07-18T11:36:46-04:00</published>
			<category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Uber" />
							<summary type="html"><![CDATA[The Massachusetts attorney general&#8217;s office is examining how Uber and Lyft ensure equal access for people with disabilities, a spokeswoman for the attorney general told Reuters, adding to numerous other business issues facing the two companies. Disabilities rights activists have questioned how Uber and Lyft drivers handle passengers in wheelchairs and the blind, but the [&#8230;]]]></summary>
			
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<p>The Massachusetts attorney general&rsquo;s office is examining how Uber and Lyft ensure equal access for people with disabilities, a spokeswoman for the attorney general told Reuters, adding to numerous other business issues facing the two companies.</p>

<p>Disabilities rights activists have questioned how Uber and Lyft drivers handle passengers in wheelchairs and the blind, but the Massachusetts inquiry appears to be the first from an attorney general, opening a new area of scrutiny for the companies.</p>

<p>The Massachusetts AG&rsquo;s civil rights division reached out to the companies this week to discuss issues related to equal access, spokeswoman Jillian Fennimore said. The office has not taken any formal actions, she said.</p>

<p>When it comes to access, the National Federation of the Blind of California accused Uber in a lawsuit last year of discrimination by refusing to transport guide dogs. A San Francisco federal judge has said the case can proceed.</p>

<p>Uber said it regularly speaks with advocates and policy makers about making Uber accessible to riders and drivers with disabilities.</p>

<p>&ldquo;We have teams dedicated to continuing to expand that access further for the disabled community in Massachusetts and nationwide,&rdquo; the company said in a statement.</p>

<p>A Lyft representative could not be immediately be reached for comment.</p>

<p>Uber is a well known sharing-economy company operating in 57 countries with an estimated value of more than $40 billion. Lyft&rsquo;s valuation is about $2.5 billion.</p>

<p>Both companies are involved in legal and regulatory proceedings on a range of subjects, including whether their drivers should be treated as employees rather than contractors.</p>

<p>In a blog post this month, Uber said it has a partnership with the National Federation of the Blind to obtain feedback from the visually impaired community.</p>

<p>In Texas, Jennifer McPhail sued Lyft last year, accusing the company of not having a wheelchair accessible vehicle operating in Austin.</p>

<p>The case is currently pending and Lyft has asked that it be sent to arbitration, according to the Travis County court clerk&rsquo;s office.</p>

<p>This week, Uber announced a new option called uberASSIST, which is designed to provide additional assistance to seniors and people with disabilities.</p>

<p>Drivers are specifically trained to assist riders into vehicles and can accommodate folding wheelchairs and scooters, the company said in a blog post.</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Apple Faces Class-Action Suit by Store Employees Over Bag Searches]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/7/16/11614778/apple-faces-class-action-suit-by-store-employees-over-bag-searches" />
			<id>https://www.vox.com/2015/7/16/11614778/apple-faces-class-action-suit-by-store-employees-over-bag-searches</id>
			<updated>2019-03-06T05:57:05-05:00</updated>
			<published>2015-07-16T11:07:47-04:00</published>
			<category scheme="https://www.vox.com" term="Apple" /><category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[Apple Store employees who sued Apple Iover bag searches at the iPhone maker&#8217;s 52 brick and mortar outlets in California had their case certified as a class-action by a federal judge on Thursday. The ruling, from U.S. District Judge William Alsup in San Francisco, is part of a 2013 lawsuit alleging Apple should compensate thousands [&#8230;]]]></summary>
			
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<p>Apple Store employees who sued Apple Iover bag searches at the iPhone maker&rsquo;s 52 brick and mortar outlets in California had their case certified as a class-action by a federal judge on Thursday.</p>

<p>The ruling, from U.S. District Judge William Alsup in San Francisco, is part of a 2013 lawsuit alleging Apple should compensate thousands of store employees for the time taken to search their bags to ensure they did not steal any merchandise.</p>

<p>At least two Apple retail store workers complained directly to Chief Executive Tim Cook that the technology company&rsquo;s policy of checking retail employees&rsquo; bags as a security precaution was embarrassing and demeaning, according to court filings made public earlier in the case.</p>

<p>Lawsuits certified as class actions allow plaintiffs to sue as a group and generally give them more leverage to negotiate a settlement. Class members in the bag search case include more than 12,000 current and former employees, the ruling said.</p>

<p>An Apple representative declined to comment.</p>

<p>Plaintiffs Amanda Frlekin and Dean Pelle alleged that &ldquo;screenings&rdquo; or bag searches, designed to discourage theft, are conducted every time sales reps leave the store, including for meal breaks. Lawsuits from within Apple&rsquo;s ranks are rare.</p>

<p>One worker, whose name was blacked out of a court filing, told Cook in a 2012 message that Apple managers &ldquo;are required to treat &lsquo;valued&rsquo; employees as criminals.&rdquo;</p>

<p>Cook forwarded it to top retail and human resources executives with the query: &ldquo;Is this true?&rdquo; The court filing did not include what responses Cook received.</p>

<p>Apple had argued in court filings that the case was not suitable for class action status because not all store managers conducted bag searches, and any searches that did occur took a tiny amount of time which don&rsquo;t deserve compensation.</p>

<p>Alsup ruled that those issues could be litigated at trial.</p>

<p>(Reporting by Dan Levine; Editing by Andrew Hay and David Gregorio)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Uber Settles Wrongful Death Lawsuit in San Francisco]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/7/15/11614716/uber-settles-wrongful-death-lawsuit-in-san-francisco" />
			<id>https://www.vox.com/2015/7/15/11614716/uber-settles-wrongful-death-lawsuit-in-san-francisco</id>
			<updated>2019-03-06T05:29:32-05:00</updated>
			<published>2015-07-15T00:33:36-04:00</published>
			<category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Uber" />
							<summary type="html"><![CDATA[Ride service Uber has reached a tentative settlement in a lawsuit brought by the family of a 6-year-old girl who died in a San Francisco car accident, according to court filings. The girl, Sofia Liu, died after she, her younger brother and their mother were hit by a car in a San Francisco crosswalk on [&#8230;]]]></summary>
			
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<p>Ride service Uber has reached a tentative settlement in a lawsuit brought by the family of a 6-year-old girl who died in a San Francisco car accident, according to court filings.</p>

<p>The girl, Sofia Liu, died after she, her younger brother and their mother were hit by a car in a San Francisco crosswalk on New Year&rsquo;s Eve in 2013. At the time of the crash, the driver was logged on to the Uber X smartphone app and was available to provide rides, the lawsuit said.</p>

<p>Liu&rsquo;s family asked the court to keep terms of the settlement confidential, court filings showed, citing the privacy of her brother.</p>

<p>&ldquo;The settlement is confidential and the family will only say that while nothing will ever bring Sofia back, they are grateful to the American judicial system for providing them a way to resolve the legal issues raised by Sofia&rsquo;s death,&rdquo; Christopher Dolan, attorney for the Liu family, said in a statement.</p>

<p>Uber said in a statement, &ldquo;The Lius suffered a terrible tragedy and our hearts go out to them. While we cannot ease their pain, we do hope that this settlement helps the family move forward.&rdquo;</p>

<p>Uber is a well known sharing-economy company operating in 57 countries with an estimated value of more than $40 billion.</p>

<p>It has generated controversy and in some places opposition. Uber is involved in several legal proceedings to determine <a href="http://recode.net/2015/07/14/uber-could-have-to-pay-an-additional-209-million-to-reclassify-its-drivers-in-california/">if its drivers are independent contractors or employees entitled to benefits</a>.</p>

<p>That debate spilled into U.S. presidential politics this week, with Democratic presidential contender Hillary Clinton saying on-demand companies raise &ldquo;hard questions&rdquo; about workplace protection and what a good job will look like in the future.</p>

<p>On Tuesday, a Clinton aide said she had no problem with Uber, but rather questions about what such business models mean for workers.</p>

<p>The case in San Francisco Superior Court is Ang Liang Liu et al. vs. Uber Technologies et al., 14-536979.</p>

<p>(Reporting by Dan Levine; Editing by Christian Plumb and Cynthia Osterman)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Ex-Uber Driver Says Her Phone Sex Business Helped Her Tackle Uber]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/6/17/11563680/ex-uber-driver-says-her-phone-sex-business-helped-her-tackle-uber" />
			<id>https://www.vox.com/2015/6/17/11563680/ex-uber-driver-says-her-phone-sex-business-helped-her-tackle-uber</id>
			<updated>2019-03-06T04:56:55-05:00</updated>
			<published>2015-06-17T21:08:18-04:00</published>
			<category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Uber" />
							<summary type="html"><![CDATA[The former Uber driver who won a potentially landmark employment ruling against the ride-hailing company told Reuters on Wednesday she relied on her years of running a phone sex company to take on Uber, one of Silicon Valley&#8217;s biggest private companies. Barbara Ann Berwick represented herself, without an attorney, before the California Labor Commission, which [&#8230;]]]></summary>
			
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<img alt="" data-caption="" data-portal-copyright="360b / Shutterstock" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/15788653/uber-logo.0.1541033367.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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<p>The former Uber driver who won a potentially landmark employment ruling against the ride-hailing company told Reuters on Wednesday she relied on her years of running a phone sex company to take on Uber, one of Silicon Valley&rsquo;s biggest private companies.</p>

<p>Barbara Ann Berwick represented herself, without an attorney, before the California Labor Commission, which found earlier this month that she had been an Uber employee, not an independent contractor, and thus was entitled to be reimbursed for expenses.</p>

<p>The ruling made waves in the tech world on Wednesday as it could impact the way many sharing-economy companies operate. Uber said the decision did not apply to other workers and has appealed it to San Francisco Superior Court.</p>

<p>Now a financial consultant, Berwick said she learned the nuances of contractor law when she owned a phone sex business &mdash; &ldquo;Linda&rsquo;s Lip Service.&rdquo; The company employed some workers but the &ldquo;fantasy artists&rdquo; who spoke to customers were all independent contractors.</p>

<p>&ldquo;I had to make sure I did everything right,&rdquo; she told Reuters in an interview shortly after the decision was published.</p>

<p>Under California law, workers are deemed employees if the company exerts a certain degree of control over how they do their jobs. The commission wrote in Berwick&rsquo;s ruling that Uber is &ldquo;involved in every aspect of the operation.&rdquo;</p>

<p>Classifying Uber drivers as employees could open the company up to considerably higher costs, including Social Security, workers&rsquo; compensation and unemployment insurance.</p>

<p>Analysts say that such a change could affect Uber&rsquo;s valuation, currently above $40 billion, and the valuation of other companies that rely on large networks of individuals to provide rides, clean houses and other services.</p>

<p>Uber had argued that its drivers are independent contractors, not employees, and that it is &ldquo;nothing more than a neutral technology platform.&rdquo;</p>

<p>At a March hearing on her claim, Berwick faced two company attorneys and cross-examined an Uber product manager. Although she took on Uber by herself, Berwick will likely have a friend who is an attorney represent her now that the case is in court.</p>

<p>A Texas native and over 6 feet tall, Berwick moved to San Francisco in the 1960s and in many ways exemplifies the city&rsquo;s colorful political fabric. She now works out of her home in the Anza Vista neighborhood with sparkling views of San Francisco&rsquo;s iconic Sutro tower.</p>

<p>She is transsexual, polyamorous but in a longtime domestic partnership with a woman, and unsuccessfully ran for local office in 2010. One of her campaign planks was to offer a reward for information leading to the prosecution of anyone dealing in date rape drugs.</p>

<p>Berwick was a driver for Uber for nearly two months last year before she quit, saying the money was not what she expected and management was uncommunicative.</p>

<p>(Reporting by Dan Levine; Editing by Dina Kyriakidou and Leslie Adler)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[YouTube May Show &#8216;Innocence of Muslims&#8217; Film, Court Rules]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/5/18/11562728/youtube-may-show-innocence-of-muslims-film-court-rules" />
			<id>https://www.vox.com/2015/5/18/11562728/youtube-may-show-innocence-of-muslims-film-court-rules</id>
			<updated>2019-03-06T05:23:04-05:00</updated>
			<published>2015-05-18T12:40:22-04:00</published>
			<category scheme="https://www.vox.com" term="Business &amp; Finance" /><category scheme="https://www.vox.com" term="Media" /><category scheme="https://www.vox.com" term="Money" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[Google should not have to remove an anti-Islamic film from its YouTube website because a woman complained that she was duped into performing in a film that depicted the prophet Mohammed as a fool and sexual deviant, a U.S. appeals court ruled on Monday. In a case widely followed for its potential impact on the [&#8230;]]]></summary>
			
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<p>Google should not have to remove an anti-Islamic film from its YouTube website because a woman complained that she was duped into performing in a film that depicted the prophet Mohammed as a fool and sexual deviant, a U.S. appeals court ruled on Monday.</p>

<p>In a case widely followed for its potential impact on the entertainment industry, an 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said that an injunction that had prohibited Google from broadcasting the film should be dissolved.</p>

<p>The 9th Circuit opted to rehear the case after an earlier three-judge panel opinion had ordered Google to take down the controversial film &ldquo;Innocence of Muslims.&rdquo; The film, billed as a trailer, triggered anti-American unrest among Muslims in Egypt, Libya and other countries in 2012.</p>

<p>The plaintiff, actress Cindy Lee Garcia, objected to the film after learning it incorporated a clip she had made for a different movie, which had been partially dubbed and in which she appeared to be asking: &ldquo;Is your Mohammed a child molester?&rdquo;</p>

<p>The case raised questions on whether actors may, in certain circumstances, have an independent copyright on their individual performances. Several organizations, including Twitter, Netflix and the ACLU, filed court papers urging the 9th Circuit to side with Google.</p>

<p>Representatives for Google and Garcia could not immediately be reached for comment.</p>

<p>The outbreak of protest over the film coincided with an attack on U.S. diplomatic facilities in Benghazi that killed four Americans, including the U.S. ambassador to Libya. For many Muslims, any depiction of the prophet is considered blasphemous.</p>

<p>Garcia said she received death threats due to the film. But the 9th Circuit on Monday said Garcia&rsquo;s argument &ldquo;would enable any contributor from a costume designer down to an extra or best boy to claim copyright in random bits and pieces&rdquo; of a movie.</p>

<p>&ldquo;In this case, a heartfelt plea for personal protection is juxtaposed with the limits of copyright law and fundamental principles of free speech,&rdquo; the court wrote.</p>

<p>(Reporting by Dan Levine; Editing by Lisa Von Ahn and David Gregorio)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Uber Probed by U.S. Judge on Driver Benefits]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/1/30/11558370/uber-probed-by-u-s-judge-on-driver-benefits" />
			<id>https://www.vox.com/2015/1/30/11558370/uber-probed-by-u-s-judge-on-driver-benefits</id>
			<updated>2019-03-06T04:50:26-05:00</updated>
			<published>2015-01-30T16:54:13-05:00</published>
			<category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Uber" />
							<summary type="html"><![CDATA[A U.S. judge appeared skeptical on Friday about Uber&#8217;s bid for a quick pretrial ruling that its drivers are contractors and not employees, a critical question facing Silicon Valley&#8217;s sharing economy. App-based ride service Uber, and smaller rival Lyft, face separate lawsuits seeking class action status in San Francisco federal court, brought on behalf of [&#8230;]]]></summary>
			
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						<p>A U.S. judge appeared skeptical on Friday about Uber&rsquo;s bid for a quick pretrial ruling that its drivers are contractors and not employees, a critical question facing Silicon Valley&rsquo;s sharing economy.</p>

<p>App-based ride service Uber, and smaller rival Lyft, face separate lawsuits seeking class action status in San Francisco federal court, brought on behalf of drivers who contend they are employees and entitled to reimbursement for expenses, including gas and vehicle maintenance. The drivers currently pay those costs themselves.</p>

<p>A ruling against either company could significantly raise their costs beyond the lawsuit&rsquo;s scope and force them to pay social security, workers&rsquo; compensation and unemployment insurance. That could affect the valuations for other startups that rely on large networks of individuals to provide rides, clean houses and other services.</p>

<p>At a court hearing on Friday, U.S. District Judge Edward Chen said Uber&rsquo;s bid for a pretrial ruling its drivers are contractors is a &ldquo;tough argument&rdquo; to make, given that the drivers serve Uber&rsquo;s business goals.</p>

<p>&ldquo;The idea that Uber is simply a software platform, a service provider and nothing else, I don&rsquo;t find that a very persuasive argument,&rdquo; Chen said.</p>

<p>Ultimately, a jury might have to decide the issue, he added.</p>

<p>The hearing came a day after a similar one involving Lyft. In that case, U.S. District Judge Vincent Chhabria said whether drivers are employees or contractors is &ldquo;very difficult&rdquo; to decide, but that California law appears to favor the drivers. Chhabria has not yet ruled.</p>

<p>Uber has raised more than $4 billion from prominent venture capital firms such as Benchmark and Google Ventures, valuing the company at $40 billion and making it the most valuable U.S. startup. Lyft has raised $331 million from Andreessen Horowitz, Founders Fund and other investors.</p>

<p>The drivers have not yet specified how much money they are seeking in damages.</p>

<p>Drivers argue they should be considered employees because Uber and Lyft can hire and fire them and require them to accept a certain percentage of rides, and to pass background checks.</p>

<p>Uber and Lyft counter that drivers control their own schedules, are not assigned a territory, and are not supplied with any equipment apart from an iPhone and a sign.</p>

<p>(Reporting by Dan Levine; editing by Andre Grenon)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Delhi Uber Passenger Who Alleges Driver Rape Sues in U.S.]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/1/29/11558330/delhi-uber-passenger-who-alleges-driver-rape-sues-in-u-s" />
			<id>https://www.vox.com/2015/1/29/11558330/delhi-uber-passenger-who-alleges-driver-rape-sues-in-u-s</id>
			<updated>2019-03-06T05:17:37-05:00</updated>
			<published>2015-01-29T15:17:49-05:00</published>
			<category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="India" /><category scheme="https://www.vox.com" term="Politics" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Uber" /><category scheme="https://www.vox.com" term="World Politics" />
							<summary type="html"><![CDATA[A passenger who said she had been raped by an Uber driver in India&#8217;s capital sued the online car service in U.S. federal court on Thursday, claiming the company failed to maintain basic safety procedures. In the lawsuit, the woman, who resides in Delhi and was not named, called Uber the &#8220;modern day equivalent of [&#8230;]]]></summary>
			
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						<p>A passenger who said she had been raped by an Uber driver in India&rsquo;s capital sued the online car service in U.S. federal court on Thursday, claiming the company failed to maintain basic safety procedures.</p>

<p>In the lawsuit, the woman, who resides in Delhi and was not named, called Uber the &ldquo;modern day equivalent of electronic hitchhiking.&rdquo;</p>

<p>&ldquo;Buyer beware &mdash; we all know how those horror movies end,&rdquo; the suit stated.</p>

<p>In a statement, Uber did not directly address the lawsuit but said it is cooperating fully with the authorities to ensure the perpetrator is brought to justice. &ldquo;Our deepest sympathies remain with the victim of this horrific crime,&rdquo; the company said.</p>

<p>India is Uber&rsquo;s largest market outside the United States by the number of cities covered, and the country&rsquo;s radio taxi market is estimated to be worth $6 billion to $9 billion. The rape allegation triggered protests and reignited a debate about the safety of women in Asia&rsquo;s third-largest economy, especially in New Delhi, which has been dubbed India&rsquo;s rape capital.</p>

<p>India banned Uber in New Delhi last month following the allegations and arrest of the driver. But the company restarted services there last week and applied for a radio taxi license.</p>

<p>The San Francisco-based company said it would not take any commission from its drivers in New Delhi until uncertainty over how it can operate in the country&rsquo;s capital city is cleared up.</p>

<p>The woman, who reported being raped and beaten in early December after hailing a ride with the Uber driver, asks for an overhaul of Uber&rsquo;s safety practices, including localized 24-hour customer-support centers and in-car video cameras.</p>

<p>She is also seeking unspecified damages from the U.S.-based company. Her attorney, Douglas Wigdor, has represented high-profile plaintiffs, including a hotel maid who accused former International Monetary Fund chief Dominique Strauss-Kahn of sexual assault.</p>

<p>Uber, valued at $40 billion last month, said last week it would introduce additional safety measures including more stringent driver checks and an in-app emergency button. The Delhi case is one of several around the world, including one earlier this month in Chicago, in which passengers have accused their drivers of assault.</p>

<p>The case in U.S. District Court, Northern District of California is Doe vs. Uber Technologies Inc, 15-424.</p>

<p>(Additional reporting by Sarah McBride; editing by Meredith Mazzilli and Leslie Adler)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Apple, Google Reach New Deal to End U.S. Lawsuit Over Poaching]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/1/13/11557736/apple-google-reach-new-deal-to-end-u-s-lawsuit-over-poaching" />
			<id>https://www.vox.com/2015/1/13/11557736/apple-google-reach-new-deal-to-end-u-s-lawsuit-over-poaching</id>
			<updated>2019-03-06T05:16:41-05:00</updated>
			<published>2015-01-13T19:04:03-05:00</published>
			<category scheme="https://www.vox.com" term="Apple" /><category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Google" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[Silicon Valley companies including Apple Inc and Google Inc have agreed to a new settlement that would resolve an antitrust class action lawsuit by tech workers, who accused the firms of conspiring to avoid poaching each other&#8217;s employees. Plaintiffs accused Apple, Google, Intel Corp and Adobe Systems Inc in their 2011 lawsuit of limiting job [&#8230;]]]></summary>
			
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<img alt="" data-caption="" data-portal-copyright="REUTERS/Dado Ruvic" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/15793374/2015-01-14t015838z_2_lynxmpeb0d01i_rtroptp_3_bosnia-business.0.1508565536.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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<p>Silicon Valley companies including Apple Inc and Google Inc have agreed to a new settlement that would resolve an antitrust class action lawsuit by tech workers, who accused the firms of conspiring to avoid poaching each other&rsquo;s employees.</p>

<p>Plaintiffs accused Apple, Google, Intel Corp and Adobe Systems Inc in their 2011 lawsuit of limiting job mobility and, as a result, keeping a lid on salaries. The case has been closely watched because of the possibility of big damages being awarded and for the opportunity to peek into the world of some of America&rsquo;s elite tech firms.</p>

<p>U.S. District Judge Lucy Koh in San Jose, California, last year rejected a $324.5 million settlement of the lawsuit as too low after one of the named plaintiffs objected.</p>

<p>That worker will support the new agreement, his attorney Daniel Girard said. However, Girard declined to disclose the amount, and it was not included in the court filing.</p>

<p>Representatives for Apple, Intel and Adobe declined to comment. A Google spokesman could not be reached, nor could an attorney for the plaintiffs.</p>

<p>The case was based largely on emails in which Apple co-founder Steve Jobs, former Google Chief Executive Officer Eric Schmidt and some of their rivals detailed plans to avoid poaching each other&rsquo;s prized engineers.</p>

<p>In rejecting the $324.5 million deal, Koh repeatedly referred to a related 2013 settlement involving Disney and Intuit. Apple and Google workers got proportionally less than Disney workers, Koh wrote, even though plaintiff lawyers had &ldquo;much more leverage&rdquo; against Apple and Google.</p>

<p>To match the earlier settlement, the deal with Apple, Google, Intel and Adobe &ldquo;would need to total at least $380 million,&rdquo; Koh wrote.</p>

<p>In the short court filing on Tuesday, the companies said plaintiffs will file a detailed explanation of the new deal &ldquo;imminently.&rdquo; Koh will then likely decide whether to accept or reject it.</p>

<p>The case is In Re: High-Tech Employee Antitrust Litigation, U.S. District Court, Northern District of California 11-cv-2509.</p>

<p>(Editing by Lisa Shumaker and Ken Wills)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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									</content>
			
					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Apple Wins in Digital Music Antitrust Suit]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2014/12/16/11633842/apple-wins-in-digital-music-antitrust-suit" />
			<id>https://www.vox.com/2014/12/16/11633842/apple-wins-in-digital-music-antitrust-suit</id>
			<updated>2019-03-06T06:03:55-05:00</updated>
			<published>2014-12-16T11:07:47-05:00</published>
			<category scheme="https://www.vox.com" term="Apple" /><category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Business &amp; Finance" /><category scheme="https://www.vox.com" term="Media" /><category scheme="https://www.vox.com" term="Money" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[Apple prevailed in an antitrust trial on Tuesday when a jury decided the company did not act improperly when it restricted music purchases for iPod users to Apple&#8217;s iTunes digital store. The verdict was read in an Oakland, Calif., federal court. Patrick Coughlin, an attorney for the plaintiffs, said &#8220;the jury called it like they [&#8230;]]]></summary>
			
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<p>Apple prevailed in an antitrust trial on Tuesday when a jury decided the company did not act improperly when it restricted music purchases for iPod users to Apple&rsquo;s iTunes digital store.</p>

<p>The verdict was read in an Oakland, Calif., federal court.</p>

<p>Patrick Coughlin, an attorney for the plaintiffs, said &ldquo;the jury called it like they saw it.&rdquo; An Apple lawyer referred questions to the company, which did not have an immediate comment.</p>

<p>The plaintiffs, a group of individuals and businesses who purchased iPods from 2006 to 2009, sought about $350 million in damages from Apple for unfairly blocking competing device makers.</p>

<p>The trial included video deposition testimony given by Apple co-founder Steve Jobs shortly before he died in 2011.</p>

<p>Apple faced a challenge in the online music market from Real Networks, which developed RealPlayer, its own digital song manager, plaintiffs claimed. It included software that allowed music purchased there to play on iPods as well as competing devices.</p>

<p>Apple eventually introduced a software update that restricted the iPod to music bought on iTunes. The plaintiffs said that step discouraged iPod owners from buying a competing device when it came time to upgrade.</p>

<p>Apple, meanwhile, argued that the software update was meant to improve the consumer experience, and that it had no legal duty to make its products compatible for competitors.</p>

<p>The case in U.S. District Court, Northern District of California is The Apple iPod iTunes Anti-Trust Litigation, 05-37.</p>

<p>(Reporting by Dan Levine, writing by Peter Henderson; Editing by Diane Craft and Richard Chang)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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									</content>
			
					</entry>
			<entry>
			
			<author>
				<name>Dan Levine</name>
			</author>
			
			<title type="html"><![CDATA[Steve Jobs Emails Featured in Apple iPod U.S. Antitrust Trial]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2014/12/2/11633462/steve-jobs-emails-featured-in-apple-ipod-u-s-antitrust-trial" />
			<id>https://www.vox.com/2014/12/2/11633462/steve-jobs-emails-featured-in-apple-ipod-u-s-antitrust-trial</id>
			<updated>2019-03-06T06:25:12-05:00</updated>
			<published>2014-12-02T15:27:39-05:00</published>
			<category scheme="https://www.vox.com" term="Apple" /><category scheme="https://www.vox.com" term="Big Tech" /><category scheme="https://www.vox.com" term="Business &amp; Finance" /><category scheme="https://www.vox.com" term="Media" /><category scheme="https://www.vox.com" term="Money" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[The late Steve Jobs, co-founder of Apple, led the company to violate antitrust laws by restricting music purchases for iPod users to Apple&#8217;s iTunes digital store, an attorney for consumers suing Apple said in court. Opening statements began on Tuesday in an Oakland, Calif., federal court in the long-running class action, which harks back to [&#8230;]]]></summary>
			
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<img alt="" data-caption="" data-portal-copyright="Anthony Quintano for Re/code" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/15810499/apple-store-5th-ave-3-640x480.0.1510474894.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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<p>The late Steve Jobs, co-founder of Apple, led the company to violate antitrust laws by restricting music purchases for iPod users to Apple&rsquo;s iTunes digital store, an attorney for consumers suing Apple said in court.</p>

<p>Opening statements began on Tuesday in an Oakland, Calif., federal court in the long-running class action, which harks back to Apple&rsquo;s pre-iPhone era. The plaintiffs, a group of individuals and businesses who purchased iPods from 2006 to 2009, are seeking about $350 million in damages from Apple for unfairly blocking competing device makers. That amount would be automatically tripled under antitrust laws.</p>

<p>Plaintiff attorney Bonny Sweeney showed the court emails from top Apple executives, including Jobs, discussing a challenge in the online music market from Real Networks, which developed a rival digital song manager. When it was developed, music purchased on Real&rsquo;s store could be played on iPods.</p>

<p>&ldquo;There was a concern by Apple that this would eat into their market share,&rdquo; Sweeney told the eight-member jury.</p>

<p>Apple eventually introduced a software update that barred RealPlayer music from the iPod. Plaintiffs say that step discouraged iPod owners from buying a competing device when it came time to upgrade.</p>

<p>Apple attorney William Isaacson said the company had every right to improve iTunes to protect iPods from security threats, as well as from the damage caused by Real Networks software.</p>

<p>&ldquo;It posed a danger to the consumer experience and to the quality of the product,&rdquo; Isaacson said.</p>

<p>The trial evidence includes emails from Jobs, as well as video deposition testimony the former Apple chief executive gave shortly before he died in 2011.</p>

<p>In July 2004, Jobs wrote to other Apple executives with a suggested press release about Real Networks.</p>

<p>&ldquo;How&rsquo;s this?&rdquo; Jobs wrote. &ldquo;&lsquo;We are stunned that Real is adopting the tactics and ethics of a hacker and breaking into the iPod.&#8217;&rdquo;</p>

<p>&ldquo;I like likening them to hackers,&rdquo; Apple marketing chief Philip Schiller responded.</p>

<p>During his 2011 deposition, Jobs displayed some of the edge he was known for, according to a transcript filed in court. Asked if he was familiar with Real Networks, Jobs replied: &ldquo;Do they still exist?&rdquo;</p>

<p>Jobs said Apple was influenced by concerns about how record companies would react if music could be taken off the iPod and copied onto other computers. He could not recall many of the details of how he viewed the Real Networks threat in 2004.</p>

<p>Asked if his statements about Real Networks at the time sounded angry, Jobs replied: &ldquo;[T]hey don&rsquo;t sound too angry to me when I read them.&rdquo;</p>

<p>He continued: &ldquo;Usually, a vehement &mdash; I don&rsquo;t know about the word &lsquo;vehement,&rsquo; but a strong response from Apple would be a lawsuit.&rdquo;</p>

<p>Apple argues that it did not possess monopoly power in the digital music player market, and that it has no legal duty to make its products compatible for competitors. Apple software chief Eddy Cue as well as Schiller are both expected to testify.</p>

<p>The case in U.S. District Court, Northern District of California is The Apple iPod iTunes Anti-Trust Litigation, 05-37.</p>

<p>(Reporting by Dan Levine; Editing by Lisa Shumaker, David Gregorio and Richard Chang)</p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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