MacRumors

A judge has decided to block a vote on Question 2 at Apple's annual shareholder's meeting next week, according to a report from Reuters.

Hedge fund Greenlight Capital, a major shareholder of Apple stock, filed a lawsuit earlier this month asking that Apple be prevented from bundling a number of proposals into one ballot question at the shareholders meeting. The firm argued that the bundling of three separate corporate governance proposals into one question was in violation of SEC rules.

A judge handed hedge fund star David Einhorn a victory in his court battle with Apple Inc on Friday, blocking the iPhone maker from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock.

Proposal 2 contains language relating to the term of office of the board of directors, language about the board's ability to issue preferred shares of AAPL stock without shareholder approval, and the establishment of a par value for the company's common stock.

Apple CEO Tim Cook called the lawsuit a "silly sideshow" and "a waste of money for all involved", but the judge presiding over the case disagreed. Apple issued a statement in early January saying it was in "active discussions" about ways to return cash to shareholders as Greenlight head David Einhorn has requested.

Update: AllThingsD has the text of the judge's ruling.

Update 2: Apple has withdrawn Proposal No. 2 from its proxy statement, issuing this statement:

We are disappointed with the court’s ruling. Proposal #2 is part of our efforts to further enhance corporate governance and serve our shareholders’ best interests. Unfortunately, due to today’s decision, shareholders will not be able to vote on Proposal #2 at our annual meeting next week.

FixYa, a site that provides consumer generated troubleshooting tips, today released a "Smartphone Reliability Report" that compares user complaints on smartphones from Apple (iPhone), Samsung (Galaxy), Nokia (Lumia), and Motorola (Droid).

Based on the reported problems, which come from a database of 30 million users, FixYa assigned a dependability score to each manufacturer. According to FixYa's rankings, Apple products were the most reliable, with the fewest reported problems.

Apple received a dependability score of 3.47, a good deal higher than the 1.21 that Samsung received. Nokia and Motorola received scores of 0.68 and 0.13, respectively. To get these scores, the site used 722,558 troubleshooting questions from smartphone owners, normalized the data for relative marketshare, and analyzed the data to determine reliability.

Fixya users lauded the reliability of the iPhone, stating that it is almost always working as intended in regards to core features and never hits a constant roadblock with one feature.

Of the complaints that were made about Apple's iPhones, battery life was the number one problem, making up 35 percent of user issues. A lack of new features was the second biggest complaint, while no customizability and WiFi problems were also brought up.

In the past, battery life has been a significant issue for iPhone owners. Most notably, iOS 5 had bugs that affected battery performance, which Apple later fixed. The iPhone 5 has also had battery issues, particularly when using the phone in areas with a weak signal.

As for Apple's competitors, FixYa users had complaints about Samsung's microphone and speaker issues, Motorola's touchscreen, and Nokia's load response times.

The Verge's Joshua Topolsky has written a lengthy piece about his experiences using Google Glass, the company's new on-face computer.

Google Glass is a tiny computer that mounts to an eyeglass frame and has a small display that is visible only to the user. The wearable device has a built-in camera that sees what the wearer sees, GPS, Wi-Fi, and Bluetooth connections. The glasses can handle many of the same tasks as smartphones, including giving driving directions, sending text messages, showing weather reports and more.

Some potential purchasers were concerned that Glass would only be compatible with Google's Android smartphone operating system, but it appears the device will be able to tether to any smartphone via Bluetooth. Topolsky writes:

The device gets data through Wi-Fi on its own, or it can tether via Bluetooth to an Android device or iPhone and use its 3G or 4G data while out and about. There’s no cellular radio in Glass, but it does have a GPS chip.

Google hopes to put Glass on sale sometime before the end of the year for less than $1,500.

Apple is working with the New York City Police Department to locate stolen iPhones and iPads, a radical change from the hands-off approach that the company employed previously. The NYPD estimated that the theft of Apple products accounted for a significant rise in crime in the Big Apple, with more than 3,890 reported thefts of Apple products in 2012.

Reports The New York Post:

Every time an Apple device is stolen, detectives attempt to get tracking numbers from the victim or online records.

That number, known as the International Mobile Station Equipment Identity, is then shared with the officers in Police Headquarters who pass it on to Apple.

The California-based company then informs the NYPD of the device’s current location — and it can track it even if it was reregistered with a different wireless provider.

Apple has been criticized in the past for not having a centralized database of stolen devices and for even repairing or replacing stolen units under warranty. It isn't yet known if this is a new program that any police department can use, or if it is only applicable to the NYPD.

Following last week's introduction of new processors for the Retina MacBook Pro lineup, Primate Labs has analyzed benchmarks coming in from the new machines through the company's popular Geekbench 2 software.

Unsurprisingly, the benchmarks reveal a roughly 3-5% increase in Geekbench scores for each of the processor bumps. For the 15-inch Retina MacBook Pro lineup, Apple bumped each of the three available processors by 100 MHz, accounting for the minor benchmark improvements.

One thing to note is that the new mid-range Retina MacBook Pro has the same speed processor as the old high-end Retina MacBook Pro. However, the new mid-range model is slightly slower than the old high-end model. While this seems surprising at first, the difference is easily explained by comparing the two processors: the old high-end processor has more cache than the new mid-range processor.

For the 13-inch lineup, the 100 MHz speed bumps were limited to machines based on the high-end stock configuration starting at 256 GB of storage, with those machines also seeing a 3-5% improvement in Geekbench scores.

Aside from the processor improvements for the Retina MacBook Pro lineup, Apple also reduced pricing on the 13-inch models by $200-$300, increased RAM on the high-end 15-inch stock configuration, and reduced pricing on storage options.

The reality of the "post-PC era" predicted by Steve Jobs at the launch of the iPad 2 in 2011 can clearly be seen in a single graphic created by market intelligence company IDC in a report on what the firm refers to as the Smart Connected Device Market.

The chart shows the market share decline of both desktop PCs (from 23% in 2010 to just 12% in 2012) and laptops (from 29% to 17%), while tablets grew from 3% to 11% and smartphones from 45% to 60%. Overall, PCs have seen their share of the total smart connected device market fall from roughly 50% to just 30% in only two years.

The figures do not, of course, necessarily indicate device preference, as some may choose a cheaper device for financial reasons, especially in developing markets.

Across the four markets, Apple increased its market share from 16.3% in 2011 to 18.2% in 2012, but dropped from first to second place as it was outpaced by Samsung, whose market share grew from 12.3% to 20.8%.

Google today announced the Chromebook Pixel, a new Chrome OS-based notebook that Google is aiming directly at Apple's MacBook Air.

On the hardware front, Google has built in a high-resolution touchscreen display, as well as 32 or 64GB SSD storage, a backlit keyboard, and a dual core 1.8GHz Intel i5 processor. The unit includes a 12.85" screen with a 2560 x 1700, 239 ppi display -- the same range as Apple's 13" MacBook Pro with Retina, which has a 227 ppi screen -- as well as two USB 2.0 ports, a Mini Display Port connector, and a SD-card reader.

The machine runs Google's Chrome OS, the web-only operating system that the company introduced almost two years ago. As added perks, the Pixel comes with 1TB of Google Drive cloud storage for three years, and 12 free sessions of GoGo inflight Wi-Fi.

So what’s next? Today we’re excited to announce our newest laptop—the Chromebook Pixel—which brings together the best in hardware, software and design to inspire the next generation of Chromebooks. With the Pixel, we set out to rethink all elements of a computer in order to design the best laptop possible, especially for power users who have fully embraced the cloud. The philosophy of Chrome has always been to minimize the “chrome” of the browser. In much the same way, the goal of the Pixel is to make the pixels disappear, giving people the best web experience.

The Pixel comes in two flavors, a $1,300 model that includes 32GB of SSD storage and Wi-Fi connectivity, while the $1,450 option adds built-in LTE and a 64GB SSD. The Wi-Fi only model ships today while the LTE model is expected in 6-7 weeks.

While the Pixel's hardware is appealing, because it runs the Chrome OS there are not nearly as many apps available for it as comparable Windows or OS X machines. Gadget recommendation site The Wirecutter had this to say:

Maybe someday Chrome OS will really be enough of an operating system to replace Mac OS X or Windows on a productivity machine. But at $1,300, the Chromebook Pixel is just too much machine for the software. If you have the money to spend on the Pixel and you need the kind of hardware it's packing, you have so many other better options.

Major League Baseball has updated its MLB At Bat app for the 2013 baseball season, refining the app in several areas and adding multi-platform access for subscriptions purchased through the MLB At Bat's In-App Purchase mechanism. The app provides baseball fans with access to subscription-based live game radio and television broadcasts, MLB GameDay play-by-play service, and more.

There are several subscription levels depending on whether the user wants streaming television broadcasts, or just the radio broadcasts. The app itself, a universal app designed for both the iPhone and iPad, is a free download and offers free league-wide scoreboards and limited access to news and non-live video content from Major League Baseball.

There are two main subscription packages. The high-end $130/season MLB.tv Premium offers everything: live home-and-away television broadcasts for "out-of-market" games (that is, users can't watch their local team's television coverage) as well as live game home-and-away radio broadcasts, and the ability to watch on mobile devices, PC's, the Apple TV, and consoles. Users can also watch a growing number of archived classic games. MLB.tv Premium can be purchased through the MLB website or via in-app subscription for $25/month.

The cheaper At Bat 2013 product, which is available as an in-app purchase for $20/season or $3/month, offers both home-and-away radio broadcasts with no blackout restrictions.

New for this year, subscribers who purchase MLB.tv Premium or At Bat 2013 through IAP will get to access in-game audio or TV broadcasts not only on the iPhone and iPad, but on Android devices, as well as Macs and PCs and consoles (as applicable).

MLB Advanced Media has promised more upgrades to the app before opening day at the beginning of April, and told MacRumors that the company is aware that customers would very much like to stream local games without blackout restrictions, but that the content deals to allow that are extremely complex and difficult to negotiate.

MLB At Bat is a free universal download from the App Store for iPhone and iPad. [Direct Link]

As noted by 9to5Mac, Apple has seeded iOS 6.1.3 beta 2 to developers. In line with our suspicions following the launches of iOS 6.1.1 and 6.1.2 emergency bug fixes released over the past two weeks, the original iOS 6.1.1 beta track has now been relabeled as iOS 6.1.3 with this second beta.

Release notes for the original beta version had indicated that it focused on Maps improvements for Japan, and Apple indicates that the beta now addresses the passcode lock bug publicized last week.

The release of the new beta comes just over two weeks after the release of the first beta version, although at least part of Apple's team has undoubtedly been sidetracked by rushing the emergency Wi-Fi and Exchange bug fixes through development. A target date for a public release of iOS 6.1.3 is unknown.

Mobiles Pie points to a forum thread [Google translation] at Chinese site WeiPhone sharing a number of photos of what may be the rear shell of the second-generation iPad mini.

The photos show a shell very similar to that of the current iPad mini, although from some angles it does appear to be slightly thicker. It is difficult to tell, however, whether the apparent increased thickness is a genuine design change needed to add a Retina display and accompanying battery improvements to the device or if it is simply a bit of an optical illusion due to the fact that the edges of the shell have not yet been chamfered as they are in the final product.

The photos also show a bright blue Apple logo and "iPad" text on the rear shell, but it is possible that this is simply part of the process used to create the mirrored logo and text as seen on the current product. Alternatively, it may be an effort to add additional color to the iPad mini as Apple did with the iPod touch last September and has been rumored to be using for an upcoming lower-cost iPhone.

Perhaps notably, the forum user who posted the images had posted back in December [Google translation] sharing images of what he said was the initial machining process for the iPad mini rear shell. Their legitimacy is, however, unconfirmed.

Update 12:24 PM: Nowhereelse.fr has taken a close look [Google translation] at the two photo sets from December and this week, noting in both sets the presence of boxes labeled "Catcher", which is indeed one of Apple's primary casing suppliers. The site believes, however, that the latest batch of photos is of the current iPad mini rather than a second-generation model.

Brazilian newspaper Jornal do Comércio reports [Google translation, via MacMagazine.com.br] that Apple has been hit with a class action lawsuit over its introduction of the fourth-generation iPad in the country. The lawsuit, led by the Institute of Politics and Law Software (IBDI), reportedly alleges that Apple's deviation from its usual yearly product update cycle amounts to "planned obsolescence" that harms customers who bought the previous generation of the device.

The institute claims that the iPad 4 is not [an] effective technological evolution [compared to] the iPad 3 or 'New iPad', characterizing [a] sort of "planned obsolescence". In practice, the accusation is that the Apple iPad 3 could have reached the shelves with the characteristics presented in the fourth generation - a processor, a connector and a camera a bit more advanced.

The lawsuit also alleges that Apple did not adequately communicate the discontinuation of the third-generation iPad in favor of the new fourth-generation models in the country, with consumers unknowingly buying the "obsolete" third-generation models.

An expanded article [Google translation] from O Hoje says that the suit is seeking free replacements for customers who purchased the third-generation iPad, as well as reimbursement of 50% of the purchase price. Finally, IBDI suggests that Apple be subjected to a fine equal to 30% of the value of each third-generation iPad sold in the country to address improper commercial practices and misleading advertising.

Apple said that it was unaware of the lawsuit, which was filed in federal civil court on February 6.

The new lawsuit is not the only difficulty Apple is experiencing in Brazil, as just last week the company officially lost a trademark dispute over the "iPhone" name. The owner of that trademark just barely slipped in under the deadline to make use of the mark by launching a line of Android phones back in December. That company, Gradiente, had applied for the trademark in 2000 and was granted the rights to it 2008. It has indicated that it is open to selling the mark to Apple, although is able to continue selling the iPhone under its current name while additional appeals and negotiations play out.

Update 9:15 AM: TechLinhas reports that it has contacted IBDI about the matter, with the organization claiming that it is unaware of any such action in Brazil. The site is following up further with IBDI and the lawyer quoted in the news stories.

Update 1:29 PM: TechLinhas has now confirmed with the lawyer quoted in the original report that the story is indeed true.

A newly-published patent application from Apple discovered by AppleInsider discloses a new "bracelet" accessory with a wraparound design where the screen would cover the entire outer surface. While the word "watch" is not used anywhere in the patent application, which was filed in August 2011, the "wearable video device" described in the document could clearly serve as an advanced wristwatch.

The patent application describes a "bi-stable spring" design, where the watch strap would automatically curve snugly around any sized wrist, the two ends overlapping as required. The display itself would be flexible, and the patent describes a method by which any portion of the display covered by the overlap could be automatically switched off.

The device's screen is described as having a "touch-sensitive user interface" overlaid on the flexible display, in contrast to the physical buttons used on existing smart watches like Pebble.

The design comprises a thin flexible steel band within a fabric wrap, with the screen glued to the outer surface and the electronics and battery glued to the inner surface, though it also refers to the possibility of a more robust design with a fabric frame surrounding the display.

The display appears to be made up of a series of flexible segments which would be flat when the watch is placed on a desk but which curve as much as needed to fit the wrist when the watch is worn.

The patent application also gives clues as to the possible size of the watch, suggesting a width of one inch. though it should be noted that this refers only to the 'typical' width of such bracelets rather than any specific plan by Apple:

The most recent widespread use of such a device was the slap bracelet, also called the slap wrap. The slap bracelet consists of layered flexible steel bands sealed within a fabric cover. Typical slap bracelets are roughly one inch in width by nine inches in length. In a first equilibrium position they can be flat. The second equilibrium is typically reached by slapping the flat embodiment across the wrist, at which point the bracelet curls around the wrist and stays relatively secure in a roughly circular position.

The patent suggests that gyroscopes and accelerometers would be used to allow the watch to determine the orientation of the display, depending, for example, on whether it was worn on left or right wrist.

The patent application also lends weight to speculation that the watch would be a partner device to an iPhone rather than a standalone product, as it refers to "a method for passing information between an accessory device disposed on one surface of a bi-stable spring substrate and a portable electronic device." The watch would act as an input device as well as a display, with reference to a virtual keyboard.

While plugging in the watch to a power source appears to be the primary means of charging the battery, the patent also discusses options for solar power and kinetic charging of the battery, two technologies Apple has addressed in previous patent applications.

Many of Apple's patent applications of course never come to fruition in the form of released products, with Apple instead seeking to control certain technologies or aspects of devices that may appear in completely different forms. As a result, it is unlikely that Apple has plans to launch such a slap bracelet watch accessory, but the patent application does give some insight into what Apple has been considering as it has worked on the project.

Tonight, Sony announced PlayStation 4, their next generation video game console, at an event in New York City, which was also live streamed on their website. The company announced that the new console would allow gamers to try out new games before purchasing them, share gameplay videos with friends and watch friends play their games in a spectator mode.

Sony also revealed a redesigned Dual Shock controller with a touch pad on the front and showed off tech demos of the console's capabilities and new games like "Killzone: Shadow Fall." While Sony announced some of the hardware specs for the new PS4, they didn't show the device and provided no details about pricing.

Just after announcement, Sony sent out a press release (via Engadget) announcing a PlayStation App for iOS, which will serve as a second-screen experience app, much like Microsoft's Xbox SmartGlass.

Image via Engadget

A new application from SCE called "PlayStation®App" will enable iPhone, iPad, and Android based smartphones and tablets to become second screens. Once installed on these devices, users can, for example, see maps on their second screens when playing an adventure game, purchase PS4 games while away from home and download it directly to the console at home, or remotely watch other gamers playing on their devices.

Previously, Sony had released an iOS app called PlayStation Official App that was only available in Europe and Australia and it allowed users to check on their gaming achievements, in the form of "trophies," and check their friends' online statuses.

It's not known when this new app will be available, whether it will cost anything or whether it will have any additional features, but more information is certain to be released as the PlayStation 4's release date gets closer. Sony announced that the PlayStation 4 would be released in the Holiday 2013 timeframe, but did not reveal pricing for the console.