Strava v. Garmin

CBC News reports on Strava’s lawsuit against Garmin, which alleges patent infringement and breach of contract. Strava claims that Garmin is violating Strava’s patents relating to heatmaps and segments, and also says Garmin’s new developer guidelines require the Garmin logo to be present in every single post and image: “We already provide attribution for every data partner, but Garmin wants to use Strava and every other partner as an advertising platform.” Athletes who rely on both Garmin and Strava are just a bit concerned. (It may be worth mentioning that Strava added restrictions on third-party apps to its own API last year: see DC Rainmaker and The Verge.) Garmin isn’t commenting (pending litigation, etc., etc.).

Ordnance Survey Settles with Family Business Over Map Blanket Design Dispute

The Sunday Times reports [Apple News+ link] that a small family business selling map-themed picnic blankets has reached a settlement with the Ordnance Survey. Rubbaglove’s PACMAT series was launched in partnership with the OS, but their sales “stalled” after the OS launched their own line of “almost identical” blankets, which, they said, violated their design trademark. In addition to a monetary settlement, the OS has agreed not to sell competing products for 10 years.

Geofence Warrants Found Unconstitutional by One U.S. Federal Court

A U.S. federal court has held that geofence warrants are unconstitutional under the Fourth Amendment, finding that they fit the definition of general warrants that are “categorically prohibited” by that Amendment. EFF, TechCrunch. Geofence warrants, you may recall, require a data provider (usually Google) to identify all users in a given area during a given time period. While ruling them unconstitutional, the U.S. Fifth Circuit Court of Appeal nonetheless allowed evidence collected under a geofence warrant in the case under consideration, citing the good-faith exception, given the novelty of such warrants at the time and the lack of legal guidance available to law enforcement: see the court’s decision.

Geofence warrants are now in something of a grey area: the Fourth Circuit upheld geofence warrants’ legality, at least under certain circumstances, only last month. The two cases may not be an apples-to-apples comparison, but even so the constitutionality of location data searches may take a while (and the Supreme Court, eventually) to sort out.