среда, 5 августа 2015 г.

uBlue Bell’s Alabama Plant Gets State Approval To Distribute Ice Creamr


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ribbi
  • by Laura Northrup
  • via Consumerist


uDisingenuous Shoplifting Suspects Claim They Misunderstood “Tax-Free Holiday” Conceptr


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  • During back-to-school season, some municipalities have tax holidays, where sales tax isn’t charged on clothing purchases. Georgia is holding one right now, and some shoppers took advantage of the holiday to… pretend that they didn’t understand that the term doesn’t mean “grab everything you can and run out of the store.”

    While that idea formed the basis for one of the greatest game shows of all time, it is not how a tax holiday actually works. Two women were caught: one was leaving a department store at Perimeter Mall wearing a pair of jeans under her sweatpants, and the other was in the store’s parking lot wearing what the police called “stolen merchandise.”

    When confronted, the suspects claimed to have not picked up on the “Tax” part of the phrase, and said that they were under the impression that the store was holding a “Free Holiday,” where people could take anything they wanted and leave the store. This is not a thing that has ever actually happened. Even if it were, wouldn’t you take a cart full of jeans out the door with you, not a single pair concealed under the pants you came in with?

    Police didn’t buy their story, and both women were arrested.

    Alleged shoplifters say they heard ‘free holiday’ instead of ‘tax free’ [Atlanta Journal-Constitution]



ribbi
  • by Laura Northrup
  • via Consumerist


uAdidas Group Pays $240 Million To Download Runtastic Foreverr


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  • Earlier this year, fitness gear maker Under Armour bought fitness-tracking apps MyFitnessPal and Endomodo for a total of $560 million. Now Adidas has decided to keep up with its competitor by downloading its own set of fitness apps, buying the eighteen apps in the Runtastic family for about $240 million.

    Buying a fitness-related app is a logical transaction for sports gear companies: with that purchase price, Adidas will put its brand in front of about 70 million registered users all over the world who already have at least some interest in interest in fitness and who might be interested in buying sports gear. Adidas Group owns Adidas, of course, but also Reebok and the golf brand Taylormade.

    Adidas has its own fitness tracking and coaching apps, and the companies haven’t announced what they plan to do with those once Runtastic is part of the family. In a blog post, co-founder and CEO Florian Gschwandtner explains that Runtastic will continue to run as its own entity within the Adidas Group. “n running terms, I’d say that we’re just in the middle of a marathon and there is a long (and cool, inspiring and potential-filled) way to go,” he wrote.

    Runtastic has also ventured into the wearable fitness tracker market, including the Orbit fitness tracker and accessories for it, a GPS and heart rate watch, its own smart scale, and even branded accessories for cyclists.

    Adidas buys fitness app maker Runtastic [The Verge]
    Runtastic joins the adidas Group [Runtastic Blog]



ribbi
  • by Laura Northrup
  • via Consumerist


uYelp Adds Hospital Wait Times, Nursing Home Fine Info To Reviewsr


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  • An example of the new statistics users can find for health facilities on Yelp. [via Yelp]

    An example of the new statistics users can find for health facilities on Yelp. [via Yelp]

    When a trip to the emergency room is in order, you’re usually in a hurry, because, after all, it’s an emergency. Sitting around waiting to be seen by a doctor can be an agonizing experience for those in need of quick help. While Yelp can’t hurry along those doctors, it can apparently tell you just how long you might expect to be camped out in the hospital E.R.

    The review site announced today that through a partnership with ProPublica it will provide additional information on the profiles of more than 25,000 U.S.-based hospital, nursing homes and dialysis clinics.

    Health facility business listings will now include a text box on the right side of the page that details the newly available statistics, such as the number of serious deficiencies and fines imposed on a facility, payment suspensions, number of beds available, and the average emergency wait times for hospitals.

    As an example, Yelp points to the listing for West Kendall Baptist Hospital, which now shows the facility has better than average doctor communication and an average wait time of 33 minutes in the E.R.

    Information added to the medical facilities’ business pages are generated through health care statistics and consumer opinion survey data and compiled by ProPublica, in addition to its own information and that of the Centers for Medicare and Medicaid Services.

    In all, Yelp says the data – which will be updated quarterly – covers 4,600 hospitals, 15,000 nursing homes, and 6,300 dialysis clinics.

    While the Washington Post points out that most of the newly supplied information is already available through the Medicare Hospital Compare webpage, Yelp contends that the data presented there is often difficult for consumers to find and understand.

    “Now the millions of consumers who use Yelp to find and evaluate everything from restaurants to retail will have even more information at their fingertips when they are in the midst of the most critical life decisions, like which hospital to choose for a sick child or which nursing home will provide the best care for aging parents,” Jeremy Stoppelman, Yelp CEO, said in the blog post announcement.

    Yelp likened the new step to its previous partnerships with local governments that allowed the company to add information such as restaurant inspection scores to business profiles.



ribbi
  • by Ashlee Kieler
  • via Consumerist


uJudge Denies Class-Action Status For Lawsuit Filed By Former iPhone User Over Lost Textsr


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  • A former iPhone user who sued Apple last May claiming she lost text messages when she switched to an Android phone won’t be able to get class-action status for her lawsuit.

    She and other former iPhone owners who switched to Android devices complained that ever since they made the move, text messages from their iPhone friends and family were disappearing into the ether. The plaintiff filed suit in the U.S. District Court for the Northern District of California, claiming that Apple’s proprietary messaging system, iMessage, interfered with delivery of texts when she made the move to a Samsung phone.

    She alleged that Apple customers who replaced their devices with non-Apple phones and tablets are “penalized and unable to obtain the full benefits of their wireless-service contracts.”

    By interfering with the texts, Apple “tortiously[sic] interfered with the contract for cellular service between these putative class members and their cellular telephone carrier in that Apple’s actions prevented the subscribers from receiving all of their text messages, as they were entitled to obtain through their cellular wireless service contracts.”

    Though U.S. District Judge Lucy Koh gave the plaintiff’s lawsuit the go ahead in November, on Tuesday she denied the lawsuit class-action status, reports Bloomberg, saying it isn’t clear enough that all the proposed members of the class suffered an inconvenience due to any “contractual breach or interference” stemming from the iMessage system.

    The plaintiff could be right in claiming that iMessage has “systematic flaws that could result in the disruption of text messaging services,” Koh notes, but “that determination does not assist the court in determining whether iMessage actually caused the proposed class members to suffer any interference.”

    In other words, yes, some other people might’ve also been ticked over the issue, but just because the possibility is out there, it doesn’t mean they actually were put out.

    Class-action status could’ve given plaintiffs more leverage to negotiate as a group, and would’ve raised costs for Apple to defend itself, so the tech company comes out on top in this situation.

    But just because the lawsuit isn’t going ahead as a class-action suit, that doesn’t mean the plaintiff has to give up just yet: Judge Koh said in November that the plaintiff has the right to attempt to prove that Apple did in fact obstruct her use of an Android phone and kept her from using her Verizon contract to its fullest benefit.

    “Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple’s intentional acts have caused an ‘actual breach or disruption of the contractual relationship,'” Koh wrote at the time.

    Apple Defeats Bid for Group Suit Over Texts Lost in Phone Swap [Bloomberg]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uDish CEO: “Netflix Is The Most Powerful Content Aggregator In The World Today”r


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  • The first half of 2015 brought us the launch of a whole bunch of new over-the-top streaming TV services, including HBO Now and Dish’s Sling. Now, at the midpoint of the year, all of those earnings reports and investor calls are rolling in and we can start to find out just how popular those services are. Or we could… if executives would talk. Instead, they hem and haw and hedge and make only two things clear. One: cord-cutters are real. And two: when it comes to streaming, Netflix is still the biggest elephant in the room.

    Time Warner and Dish, respectively the parent companies of HBO/HBO Now and Sling, both held their earnings calls today. And though analysts and media both asked, neither would give up the goods on actual subscriber numbers for their digital offerings.

    Time Warner CEO Richard Plepler, in their call, said that fewer than 1% of HBO Now subscribers had abandoned their regular pay-TV accounts when they signed up for the new service. That means that HBO Now is capturing more of the “cord-nevers” than the cord-cutters, which is good news for cable and content companies alike. “We see this as additive for our partners,” Plepler said. “There’s gold in the hills for them too.”

    Turner Broadcasting CEO John Martin also spoke. (Turner, a Time Warner Company, is the parent of CNN, Cartoon Network, TBS, TNT, and other cable networks.) Martin admitted that there have been declines in U.S. subscribers, but that they have been “modest” and aren’t speeding up. He also didn’t express concern about the rise of the pared-down “skinny bundle” pay-TV providers have begun to offer, saying that Turner has “the types of networks that we think will be overly-represented in those type of bundles.”

    They already have proof of that from their networks’ presence in an over-the-top skinny bundle: Sling.

    Over on that call, multiple analysts tried to get Dish to, well, dish on their Sling subscriber numbers — but CEO Charlie Ergen wouldn’t budge. Analysts have done a bit of algebra and sussed out that Sling probably has between 250,000 and 300,000 subscribers. While Ergen said that one analyst’s math could “get pretty close” if he tweaked it, he would not confirm any numbers.

    That’s because Sling isn’t separate from satellite viewing as far as Dish is concerned, but is instead just the next step in the entire future of their business. Cord-cutters, he explained, are inevitable.

    “We’re fundamentally looking at the economics of how we run the business,” said Ergen, “and we’re in a mature-to-declining linear TV business as we know it. We’re at the beginning stages of the OTT business. It’s going to grow and accelerate. The businesses fundamentally appear to be economically similar. The value of a customer seems to be similar if you are smart about it.”

    The linear TV business is “not in free fall,” Ergen added, but it has been declining since 2012, and OTT is clearly the wave of the future.

    Ergen was speaking specifically about the literal value of a customer to investors, in terms of money in vs. money out, but he did tie to a broader point: cable and satellite may come and go, but people still really want to watch stuff. And he who has the stuff, has the power.

    “The balance of power in content has moved,” Ergen said. “It used to be pretty even between content and distribution … but it’s totally, totally shifted to Netflix. Netflix is the most powerful content aggregator in the world today.”

    Ergen added that Dish knows, specifically, how many of their customers are watching each of their networks, and when. “We know to the penny what content is worth to our customers,” he said, and that has shifted dramatically over time.

    “Kids’ programming used to be in the top 3 or 4 things people watched,” Ergen explained. “Now our customers go to Netflix, and the kids hit ‘kids,’ and they know how they’re going to do it. And they don’t have commercials, and the parents like it better because there are no commercials. … The world has changed.”



ribbi
  • by Kate Cox
  • via Consumerist


uSamsung Gives Up On Plan To Create One Remote To Rule All Contentr


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  • A lot of us no longer just watch traditional TV on our television sets. If you’ve seen this episode of House Hunters, maybe you’ll fire up your Amazon Fire Box, or Apple TV, or Roku to see what’s streaming on Netflix, Amazon Prime, HBO, Hulu — all different services each with different interfaces and content listings. Samsung was hoping to introduce a remote control device that would put all of this info at your fingertips without having to switch around between apps, but that dream appears to have died.

    Variety reports that Samsung’s Perfect Experience (or “PX”) project appears to have been scuttled, with the company letting go of several members of the team tasked with building the device.

    PX was supposed to be a tablet-like device that allowed users to scan through content listings and descriptions from multiple service providers. So instead of having to go on to your TV, scroll through Netflix until you find something to watch, only to decide you’d rather rent something from Amazon Prime, the process would be more seamless.

    Samsung had put the team from Boxee — the streaming device company purchased by Samsung in 2013 — on the PX case, but Variety says that dozens of employees from this team, including former Boxee CEO Avner Ronen, are no longer with Samsung now that the company has apparently given up on the PX dream.

    The company was apparently once keen on launching PX this year and packaging it with new high-end Samsung TVs, but the remote’s debut was repeatedly pushed back.

    According to Variety, a big hurdle facing PX was getting multiple content providers to agree to being on some sort of shared interface. Given how much time and money each of these companies sinks into their individual user experiences, it’s not surprising that Samsung had trouble getting the services to say yes to having their content listings placed side-by-side in a manner they didn’t have control over.

    Another problem with PX may have been with Samsung itself. The project was being developed in the U.S., which apparently displeased some in Samsung’s Korea-based leadership team.

    For now, the dream of a single device with multiple content listings on one screen is still a fantasy.



ribbi
  • by Chris Morran
  • via Consumerist