>> this is what is interesting about apple pay. ple pay is viewed by the payments industry as revolutionary, but it is the most consistent with the existing payment system of any of these new systems. it does not require -- what is surprising about apple pay is how many things don't change with apple pay. you put in your credit card. >> are you saying it's not that innovative? >> it's innovative but in a way that's consistent with the status quo. [laughter] it is very clever. it's very -- i acknowledge what -- the disconnect of what i just said. it's very clever. it is cleverly done. if everyone has a way to pay and all the merchants take it, then it is all great. but until you have universal acceptance on both sides, nobody uses it. it is a network effects problem. and so apple pay is cleverly calibrated to skip through that to be in line with the status quo of payments. credit card companies -- it plugs into the existing system. it inserts apple in the middle of the existing system, which is why they are all so freaked out. bitcoi

you don't bet against a guy like jimmy. >> what about apple? ow you are an investor in spotify and pandora. can apple continue to dominate music? >> i don't know that it's domination. i think there is enough room for all these platforms because people want to consume in different ways and there's so much content. >> you are also a tech investor. >> yeah. >> you have invested in spotify, uber, pinterest -- how are you getting into these deals? what attracted you to technology? >> when i was in college, facebook launched. i actually e-mailed the creator of facebook, which was on the contact page. there was one profile picture and responded with eduardo salverin. i didn't know what it was going to become. i said we should build this thing. i still have the e-mail. mark has decided to bring in more schools. at this time, we don't want to bring in any more investors. >> you are making movies. "the giver." you are making tv shows. how is that different from making music? >> my mom isn't very impressed with anything i do in music. but introducing my mo

talking about apple. the to -- day two of testimony. a video recording of testimony before his death may be played for the jury this week. according to a transcript made a quick yesterday i'm a jobs had black and white contracts with record labels and took great pains to protect them. at issue, whether apple violated antitrust law by forcing customers to use an ipod to download music from ipod and itunes alone and blocking them to music from other services. joining us is a senior analyst justnp securities who increase the apple target from $135 to $155 per share. why are you so optimistic? >> misses coming from the blockbuster sales trend in north america and in china throughout the kickoff to the holiday selling season. we ran some checks and turns out in china we are seeing the same sort of trends here. particularly at the high end. looking at 2-3 weekly times on all three of the major carriers for the 100 28 gigabytes phone. a great start for apple. >> you do have some apple holdings yourself. can you explain? >> i actually do not. >

that is the real point. >> i want to ask you about your conversations with tim cook, because you have been speaking with applelly. we have been speaking about satya nadella, a hefty pay package. what about your interactions with apple and tim cook? >> we hope to meet with tim cook soon. they've had the pleasure of having offshore tax havens having the tax breaks brought back home. they have not been as sensitive as they must be. we're working with truckers and advertising agencies and marketing. we are in this area. equal employment can be used here as well. >> thank you for joining us, president of the rainbow push coalition. pandora shares have taken a beating this year. will a new look help refresh growth? we hear from the music streaming services cfo next. ♪ >> welcome back to "bloomberg west." i'm emily chang. music streaming service pandora is getting a new face. the company rolled out a redesign for its mobile platform available to 3% of iphone and android users right now. but it will take effect for everyone over the next few months. we talked to michael herring at the technology conference in scottsd

apple this far in the lead. >> i think yes. it is. but you can get it through your ad b thinking about the fact that apple is what you get as the gift for the holiday. as the disadvantage that samsung and other products are not thought of that way. people go to the apple store and give ipads and give iphones as gifts and the other products don't have that going for them right now. >> it's dramatic when you think about still apple doesn't have the largest market share. they are only about 12%. they are the ultrahigh end. and when you think about the dominance of the product you can sometimes forget that fact. >> europe closes in a couple minutes. and more deflation in spain and greece. >> just note the magnitude of the fall today. it is holiday thin trade obviously. so for any given trade you might expect an exaggerated movement. however a rough day for europe overall. it is interesting that oil is clearly under pressure. you have brent below $58 and that's concerned a lot of people in europe. so the oil and gas stocks are right at the helm of it today. the oil major, and these are big

he knows a thing about apple. he was senior designer at apple, and in fact is the fella behind iphoto, later worked as a product evangelist. holds 13 patents and founder of storehouse, app that turns picture into a slick web story. thanks for being with us this morning. i want to make it clear, you do not work on apple watch, right? >> right. >> but you've seen photographs of it and video of it, what's your initial impression as a guy who worked as an apple senior designer? >> i think it's amazing. the word they keep on using that stands out is intimate, and they think that's the thing we're all waiting to see what it actually means when you put a computer on to your wrist and are wearing it. what is this intimate behavior -- >> speculate, what does it mean? you know better than anyone in the world, what does it mean? >> i think it's got to be something around the communication and the fact that you can now actually touch somebody if they are wearing a watch as well. being able to doodle or have that vibration and

downloaded from other media players but apple security talked about those are precisely the kind of files that represent security risk. what is at stake in this trial in terms of dollars and sense. if antitrust violations are proven apple could be on the hook for 1 billion dollars. that does represent less than 1% of its cash pile which currently stands at $155 billion. some have asked why apple doesn't just settle this case. lawyers say it really comes down to apple might just believe it has a really rock solid case or apple doesn't want to give into the plaintiffs regardless of the size of the damage because it doesn't want to encourage more suits. still we're going to hear a lot today. stay tuned. >> thanks josh. it is interesting. i feel like there is a lot of revisionist history happening in this conversation around apple and itunes. a lot of people don't remember part of the reason why apple was successful with the ipod and itunes sit created an end to end connection between server, itunes and ipod. that and only once apple started to be successful did the labels start to be oh

then wait until you hear what cnbc ea cnbc's all america survey reveals about apple. just take a closer look. it works how you want to work. with a fidelity investment professional... or managing your investments on your own. helping you find new ways to plan for retirement. and save on taxes where you can. so you can invest in the life that you want today. tap into the full power of your fidelity greenline. call or come in today for a free one-on-one review. we asked people a question how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to like, pull it a little further got me to 70 years old i'm going to have to rethink this thing it's hard to imagine how much we'll need for a retirement that could last 30 years or more. so maybe we need to approach things differently, if we want to be ready for a longer retirement. ♪ >>> welcome back to post nine. financials are on the move today. most are to the downside. citi and bank of america two to the biggest laggards. kayla tau

it's also about apple supply. producers met and decided against production cuts. big fire's another that's come back on the stage. the united states. relentlessly until the shale revolution a decade ago. now the u.s. is one of the biggest producers on the planet. >> it can go lower from current levels. it looks like a very oversupplied market. we are looking at a lot of additional supplies, coming online. >> demand may take some time to respond. >> it is one of the triggers. we should start to see it quite cautious next year. people will be spending, buying vehicles, and that will feed through to better demand growth numbers. like more tough times for many oil-producing countries. >> two grand jury decisions to not prosecute white police officers in the deaths of unarmed black man have prompted across the u.s.. scheduledlly has been for tomorrow in washington dc. president obama says he wants police to wear personal cameras, something cops in the city of california have been doing for years. >> an emergency call in california. he is responding to a car crash. his

longer term, where it is a threat to apple, you're right. if you think about how we believe apple is over the long term building an eco-system, xiaomi has their own oh software system. they have been spending a lot of money building up a large eco-system. the longer term, absolutely. you think about e-mail services, app stores. you know, xiaomi, they are copying apple almost to the tee. that's going to be a threat -- not in the u.s. you know, not in europe. but in some of the developing markets where they can't afford the $600, $700 apple phone they can afford a xiaom iphone and get locked into the system. longer term it's threat on the fringes for apple. it's more of a threat against everybody else. >> who could they buy to get them into different places they want to get to, get to the next level? i'm long blackberry. p maybe that's one. are there other names they could buy? >> you know, i don't think so. i think they are going to do a lot of it within china. china as done a very are good job over the years and getting more aggressive to build their own suppl

. >> think about apple and the buyback. tim cook eventually came through on that side.things different ways. bill ackman has a subtle, shock and on display sometimes if he needs it. you see others in the middle. it one of two ways. >> is it right to be so public? you mentioned bill ackman. do you have to make it to this public? >> you don't. , youactivist hedge funds look at some of the recent deals that have been done quietly, behind the scenes. or can be the hero mr. ceo we can do this the ugly way. shareholders are better off doing at the different way. they are better off having spun off paypal from ebay. we can do this one of two ways is a very powerful argument that more and more people are listening to. obviously, everybody in the world to new would be better off spinning off paypal. >> we have been saying that forever. growthenerating so much of the rest of the business is not. it was pretty obvious to much of the street. you are also seeing apple, we talked about apple, you are talking about companies that the old corporate raiders could mess around with, but y

apple? >> we've been carrying about 16% revenue growth for apple.eople in those countries just don't really buy much of anything. you could see that in the more 10% to 12% range. russia is less than 1% of ieiphe shipments. so aside from china, there's not a ton of emerging market exposure. apple is tending to sell to your more affluent customers. we're betting on people to buy those iphones but it's still a relatively small segment. >> i'm sure other people will see a bigger impact. >> ibm was bragging that 25% of its revenue came from emerging markets. well, those markets respect growing right now. i would guess that's down 15 to 16%. cisco has talked a little about that as well. hp. emc. anybody with a lot of overseas expoe sure is going to see a revenue hit. >> what does that mean for ibm? here's a stock that has traded awful until recently an amazing take. you've had the buffett factor. nothing seems to help. where does this stock go? >> it's probably fairly equal. we put out a report suggesting it's really going to trade on its free cash flow a

>> as it relates to that, there is a lot of discussion about apple saying that they are trying to controlheir own world with music. i remember when they announced you could not download other kinds of music onto the device. what would make that illegal? >> apple is trying to show that they have a reason for doing what they did, that when they make it harder for users of the ipod to connect with itunes, that there is a reason. if it is a security reason, if they want the best quality of music. that will be crucial. if you have a good reason for doing what you are doing, that gives you a get out of jail free card. on the other hand, plaintiffs will claim there is no good reason at all. the only reason apple linked the ipod with itunes was to hurt rivals and increase price. >> can they make the argument that everyone else says, that -- everyone else stinks and that adding anything would make it confusing for users? >> if it is legitimate, they could say that the itunes store had the best quality music and that if there were competitors out there it would not be as good. it could crash the ip

the judge has said that apple, the plaintiffs do not get to introduce some sort of inflammatory material that jobs may have said. as long as you don't open the door to talk aboutt a great visionary he was. one of the difficulties that you face in antitrust litigation if you are apple, steve jobs, no matter what a visionary he was, what a genius he was, said some things in terms of apple striving to be the best and to quash competitors, that through the lens of an antitrust filter do not necessarily look so great. when you say in a business world we will be the best, that's one thing. when you say we will quash our rivals and that is tossed in front of a jury in an and interest trial, that is something -- antitrust trial, that is something else. >> you mentioned what might be a magic word in this trial -- visionary. youjudge has said that if go back to all the things that have been found to be at a competitive -- the attempt to roll down wages. the case in new york with book publishers who conspired with apple to fix prices. the whole issue of describing steve jobs is a visionary could trigger some big changes in this trial. >> raising steve jobs from the dead

that it had over the portable digital media market that in 2004 with the ipod apple controlled about 70% of that market and apple's executives were going to do everything they could to maintain that market share. so in 2006 when there was an upgrade to that ipod apple might have billed that, plaintiff's lawyers say, as an improvement to the product but they say that was not the case. the only point of the upgrade to the ipod was to stifle competition that after the upgrade music from other companies couldn't play on the apple devices and that, plaintiff's say was the real intention of apple's executives. we will hear from some of the executives this week. we will see apple's head of marketing take the stand. and yes a video deposition from the late steve jobs. what is on the hook here? just in terms of dollars and cents? plaintiffs estimate damages at 350 million. it could exceed 1 billion if it is proven by plaintiffs. apple will say this was a legitimate improvement to the ipod and no evidence of any kind of harm to consumers and that they did not exert monopoly power over this mar

at the apple results, they talk about how their itunes sales were down last quarter.are actually renting music and streaming music and i think the artists are saying this is a bigger part of the business and we need to make sure we get paid adequately for our content on these services. as sting phrased it, i'm a more equitable pricing policy is what i think a lot of these artists like taylor swift are pushing for. >> it's interesting that there has always been a battle within the music industry of the songwriters versus the performers and who will get the most money. you can make a killing but you cannot make a living said sting. has that balance of power change in the world of streaming? >> it has. company's live nation, the largest concert promoter in the u.s. is of the stories they tell that for performers, it's very difficult to make a living producing content where the performers really make their money is on live events. that's why the concert business remains a vibrant business in the music sector. it's really a challenge as consumers change the way they consum

prepared food will have to display calorie content on all menus and displays. >>> lots of speculation about apple'sext big thing. it could be a high-tech pen. it just took out a patent for a high-tech device called a communicati stylist. you can write on any surface and see your handwriting on any device. it has sensors and storage and transmitter connect with digital devices. >>> finding a needle in a haystack. why the search for a downed plane just got more complicated than it already was. >> it's the new year's million os of >>> welco back to news4 at 4.s we have a team of reporters covering all the big stories on this new year's eve. >> for what you can expect for new year's and big concerns what's flying over your home. >>> first at 4, new concerns over body wreckage in asia air's plane crash. bad weather is slowing the effort today. jennifer johnson reports searchers are determined to find that black box and solve the mystery of what happened to flight 8501. >> the uss sampson isamong several ships using sonar to search the java sea for key pieces of asia flight qz85011. >> the weather is not

hold off on the hate on twitter about apple. i like apple just fine. i just think a lot of people are putting off sales that they could and perhaps should have been making here to do them next year, to put off the tax onus. i think that's a mistake to trade based on taxes. so i like taking advantage of that. if somebody oversells something, i'd like to be a buyer. if they overstay their welcome, as i think apple may be an example, at least into the launch of the watch, which i mentioned before, then i think that's a mistake as well. to overstay their welcome. i think they should be taking profits here. >> what do you think, take profits here? >> yeah, we exited apple in the high 100s. but the strength is there. our market intelligence surveys have been showing very increased demand for the iphone 6. it's there, but it's a matter of how much can the stock run, and the taxes. >> he's taken some profits already. what would you do? >> i would take profits, absolutely. apple's challenged in 2015. we already know we have the iphone 6, but what else is out th

how about apple? apple's up 40% further year.ng to add the iphone of or 6 plus to your holiday shopping list, you might run into a few road blocks. apple's latest generation smartphones are still in short supply. guess what? they're so popular -- apple loves this -- that apple is reportedly hoarding the phones for their own stores. we've been telling you that all week. what's the news here today? apple's long anticipated new product is a smash hit for the holidays. what else has apple done right in 2014 besides that, and what challenges lie ahead in the new year? who better to ask that former chief executive officer joining me now in a fox business exclusive, john sculley, former apple ceo and author of "moonshot." john, great to have you. the holiday hysteria is in full swing, and, listen, you hate to admit it because, again, apple's products are the hot thing that people want under the tree. but now there's this report of hoarding. would steve jobs have approved of hoarding the iphone for apple stores? >> well, i can't speculat

it's hard, people get emotional about apple. to me, the question is simple, does the eco system insulate them? today i read that google chrome is taking over in schools. i mean, at a certain point, these products are becoming commoditized, right? it's a question of if they're eco system insulates that. i'm not sure it does. to answer your question, no, i don't think so. traded two times normal volume, had a big reversal. give it a couple of days. >> just to push back on the eco system, look how many people had the choice to have a bigger phone with samsung. now that apple has it, everyone is rushing for the upgrade. now once they create that iwatch. people don't want to have multiple objects here. they don't want to have the phone and the watch and, believe me, they'll trip over themselves to buy the iwatch, as well. that 5c becomes your kids phone and you end up the 6 or 6 plus. the six will be for united states and you'll see that upgrade. >> you're positive on apple? >> still long. >> you think the iwatch will be -- because n

coming up, we will talk about apple.ls from steve jobs are in the spotlight at the apple ipod antitrust trial and we will tell withhy he was mighty upset a music company, next. ♪ they hadk the control in making changes to the itunes operating system would help the digital rights management technology to not just protect their own content but also act in ways that were anti-competitive and actively, in a sense, a backdoor way of taking other people's music off the platform. i think i just saw the headline that it looks like they have lost both of their plaintiffs in the case. it's interesting that realnetworks is not participating in the case. the apple messaging has always been around being for the consumer and want our customer expressed to be bess and take care of our consumer and we love our customers unless they spend money anywhere else. then they should not have that music. >> yeah, there was a striking quote about that in the trial which was this question of what should happen if you have music or content from oth

what's so exciting about apple? >> i think the relative price of apple.n apple is priced as a pedestrian market value company and i think it's much more than that. and i think google is. and i think netflix is. and i think there are companies in buy technology is. i mean apple is below market multiples. kind of ridiculous. >> when you say below market multiples it's not trading at a high level relative to its earnings potential. >> exactly. >> when you see growth bumping along you're finding growth in technology. >> exactly. >> in bitech. >> that's correct. i sort of put them together with an apple, with a google. i mean i think gilliad is, you know -- i really think my grandchildren are going to live some of them to 135 or even 150. i mean healthfully and happily to those ages. and that's going to be due in large part to companies like gilliad and other ones. >> it's interesting you say that. i was talking to greg venter who mapped the genome and said in the next ten years we'll be living into the second century. this is what you're investing in, longevi

. >> coming up, we will talk about apple.ls from steve jobs are in the spotlight at the apple ipod antitrust trial and we will tell you why he was mighty upset with a music company, next. ? ♪ >> this is bloomberg west turn back to the apple ipod antitrust trial. steve jobs was mighty upset when a universal music executive threw his support behind a competitor of itunes. to an e-mailding shown to jurors in court. paul kedrosky, these cases are incredibly complicated when you look at the details of this in particular, does it appear to you that apple and steve jobs did something wrong? were seems as if they exercising the control they had in making changes to the itunes operating system, the digital rights management technology to not just protect their own content but act in ways to be anticompetitive and backdoor other people's music off the platform. i think i just saw the headline that it looks like they have lost both of their plaintiffs in the case. >> it's interesting that realnetworks is not participating in the case. t

. >> we know that about apple for a long time. neil: good point. >> the inroads, it's pressure on facebook and google as well. >> but that's the thing, it's misdirected yet again. you look at twitter, google, facebook, around 40% of their work force is considered minority. asian, black, hispanic or anything other than white. neil: we tend to focus on the minority, we automatically think african-american. >> why aren't we protesting for these people? we're at 40% already. almost 50% at yahoo. >> jesse jackson is speaking for the black community. let's look at the tests that were given, the advanced tests were given. only 3% were black that took the computer science test. if we have an issue with certain races not getting certain positions, it has to start with education. you have to educate those minorities. >> you have school choice in mississippi. you're talking about a bottom up view. not a top down. >> you know, what's so annoying, look at this, the federal government is forcing companies including linkedin, ebay and apple to f

this case is about apple fending off allegations of the antitrust in 2006, 2009. the question is was an ipad update a legitimate product improvement? apple says it was. it meant movies as well as album art became available on the ipod for the first time. also a range of security upgrades. plaintiffs lawyers say no way. they say it was all about stifling competition. after that upgrade music from competitors no longer worked on apple devices. so apple executives plaintiffs argue were just trying to expand their monopoly here. we're talking about the ipod, it is no longer the critical device for apple it was. and it accounted for less than 1% of the total revenue in last quarter. still real money on the line here. if antitrust violations are proven, apple is potentially on the hook for $1 billion. now today apple's eddie cue, the man who oversees itunes is scheduled to take the stand. can he convince the jury that that update was legitimate and genuine upgrade and not an attempt to expand power. and we're going to bed in the courtroom all day and bringing you head li

. >> we have another court case to talk about. apple'sder will testify from beyond the grave. steve jobs will appear in a videotaped deposition. jobs will defend actions in a prerecorded video. that video has not been released to the public. the accusation is that apple designed the early versions of the ipod to play music, that were already in the cd collection or down loaded from the itunes store. >> and look, smoking guns, there are smoking guns in 2003. he wrote the e-mail. we need to make sure they cannot use the ipad, is this going to be an issue. that is one e-mail. >> if this behavior indicating agreements and implicates anti- trust concerns. and i am sure people realize this and it sounds like a joke but it is not. witness permanently unavailable. >> right. >> and the video statement, he is trying to exonerate those actions and his company. and the the e-mails seem to suggest a different story. >> not good. i guess he didn't realize not getting the e-mail. >> one expert said apparently he put stuff in e-mails. and as you just sai

everything apple, everything access ory accessories. and it's all about athletic from gap which is working and lulu lemon is beginning to recover. that is what's working out there. and the other things, the lower income consumer, the gap is narrowing in terms of walmart and target, they are beginning to see improvement in terms of lowering consumer spending and look at home depot and lowe's. >> are you a believer again in the lulu. >> i am. it will not do what it did in the past but the data points. easier compares and new product. and international story and supply chain initiatives. new cfo and advent there. so the data points are more in favor than not. >> in the overall pie that is consumption you do feel the losers can still gain because even if their share of the pie is constant, the pie is growing. we'll leave aside radio shack or american apparel, something is this that has app obvious issue with it. but can the losers perform well here. >> yeah i think the losers can do a little better. and black friday is no longer the kickoff the holiday season

about it. so i have no position in apple. i'm not short.aters out there that love to get on you as soon as you say anything negative about apple. but i'm not hearing anything good about that watch. and that's a $350 product or thereabout. we don't know if it's january or pushed to february. i haven't seen any chatterton boards for the developers about the apps or anything else about this. that could be another reason that people are getting out of the stock here. >>> coming up next, the ceo of taser joins us live as his company rallies on news of the president's $75 million proposal to ensure body cameras be worn by police in the wake of ferguson. >>> and later, china's bull market won't quit. tim has the chart you need to see as the central bank rally rages on. boy: once upon a time, there was a nice house that lived with a family. one day, it started to rain. the house tried to keep out all the water, but water got inside and ruined everybody's everythings. the house thought she let the family down. they just didn't think it could happen.

. >> i remember you talking about. apple paid. i have friend using it.ple are going, uh, uh, uh, what do you think about it? next big thing. change the way, get rid of the wallet. >> google should get credit. phones have already had this technology. but when apple does something, it's big. we are going to have a cashless society. but we are just not there yet. what happens if the battery on your cell phone dies. then you need your credit card. look, at some point this will happen. apple is kind of the last of the big first step. i'm sure it will come a point where cash will people look at it, what's that? kind of with records. >> you don't think so? >> cash remains king. >> you are so wrong, richard. remains now, but not forever. >> what do you think? >> young and the old. >> i don't use cash as it is. >> you never spent a penny anyway. >> from isis to ebola, ukraine to the search for a missing malaysian airliner, cnn takes a look back at the stories that captured our attention this year. join us for defining moments. 2014. correspondents discuss the eve

i think it's cheap. >> let's talk apple rebounding up about 1% as it recovers from two days of losses. this is following the big run in the last three months. the stock up 17%. so are apple's gains over for the year? joining me is a top ranked analyst for the last 13 years. tony, always good to see you. >> pleasure to be here. >> have we seen the highs for apple for this year at least? >> i don't think so. i think the stock continues to climb higher. the dilemma with apple is many investors are playing this as an iphone 6 cycle trade. the worry ultimately is once numbers start going up, people are going to look to next year and say, oh, the numbers are going to go down. apple can't sell this many iphones next year and accordingly, the stock won't work. there's jitterness among investors who are saying, look, is the run over. investors going to start looking forward beyond the iphone 6 cycle in which case perhaps the stock doesn't work. >> is there an air pocket in terms of pipeline? >> i think that remains to be seen. we think the watch as it stands now, what we know about it, is a mo

i have always been wrong about apple.ought apple had to make cheaper phones to complete -- compete, and i finally realize they are smarter than i am because they refused to drop the price of their phone everyone who has dropped the price has been outcompeted. apple has remained a luxury brand. it is a target acquisition for any merging middle-class all over the world and i did not get it. i get it now. >> it is aspirational for people. >> it is and by the way, it is still a small percentage of the world's cell phones and -- >> but a large percentage of cell phone profits. >> exactly, and of those people that can spend the most. >> there are numbers now that the ipad is so well made and updated that they are having a hard time having consumers buy new ones. >> that is a risk, that people will not refresh. >> the product recycling has become more like pcs. it is not that they have got to be good, but they maintain their currency. >> but the iphone 6 has become the mother of refresh cycles. >> michael, you fess up. >> i was

about hackers. >> how much does this actually impact apple now? is it still a blackeye? technology we are talking about from back then is not in newsed in night -- itunes songs. >> we are actually joined on the phone now by william markham, a san diego antitrust attorney. i know you have been following this case closely. what do you make of the fact that in a few hours a jury came back saying that apple did nothing wrong? >> there is an old adage about litigation that is that an appellant is often the party who made things very complicated at trial. jury is obliged to endure an overly long, complicated trial. in the end they have not been persuaded, they might have been bored and did not grasp what it was the plaintiffs were trying to say. >> do you think that they had no case here? >> actually think that they had a good case, but what antitrust laws require them to state, clearly and compellingly, is that apple introduced this to their software, not to improve their offerings or offer security, but simply to make it impossible for competitors to sell music that could be

one of the unique things about apple pay compared to similar things like google wallet, the transactiondata doesn't go through apple. all that data is not something they need to protect, it's not aggregated on their systems it is just pushed out. if we see this, more companies are collecting data that might be sensitive as a potential liability, as a cost they have to -- to their responsibility to protect it. so they take actions and design to not collect it or to encrypt it on the client system, like on the phone or the web browser before they receive it. then we'll start to see them being able to reduce their costs there. that's what i'd keep my eye on to see if it's happening. >> hi, my name is tonya, i'm with the national intelligence council. my question has to do with the actors, the cyber criminals. currently involved in an effort with experts from both the transnational cybercrime communities, looking at cybercrime in the broader context of the transnational organized crime which is becoming more flatter, less networked and more adaptive. and so we talked to some folks in the cy

has anyone said anything about apple? should it be sold now? trade it. >> you've been saying that for a very long time. it did lose about 6 bucks in the span of ten minutes. >> that's silly. people will say, wow, i guess i'm being too greedy. we're reversing everything from friday except for the oils where we continue to pound them. they're very rare. exxon is up a little bit but the oils remain -- until i see the number cuts, i think it's dangerous to speculate because of who's got the hedges off. i keep thinking about continental. we talked about it during the break. >> that was not a two for one split. >> not smart. >> not a good time to get rid of your hedge. >> some people make bad calls. i think what ham did, he had a giant like first half, okay? then he had a manning like second half. i don't know if you followed, if you had stopped that game at the first half, that's what hamm should have done but he took off his hedges and, therefore, the jags won. >> what's on "mad" tonight? >> we've got sketchers, which has been a very hot stock and t

. >> serious warning tonight about apples. caramelized. >> pre packed ones they could be deadly. >> also ahead a lay away nightmare a woman were you so close to paying off brand new coach but the store vanish. fox 29 is working to get resul results. >> plus jerry sandusky's new legal battle were a judge has taken a way from the convicted child molester that could have a huge impact on his bank account. >> tiny p running for the first time in his life. new technology is given this dog the chance to live live like never before. >> domenica. >> if you'll be out and about this weekend the weather is looking pretty fantastic, but, ut-oh, we have a storm brewing for christmas eve. i'll detail it all coming up. get ready for some german engineered holiday excitement. at the volkswagen sign-then-drive event. right now, for practically just your signature, you could drive home for the holidays in a new volkswagen. like the sporty, advanced new jetta and the precisely engineered passat tdi. ah, the gift of clean diesel. for the new volk

about. happy apple company says r. theremay an connection between its apples and a listeria outbreak.aware. avoid commercially produce caramel apples for now. >>> the old is new again. one of the hottest selling gift this is christmas is a brand of footwear that has been around for decade. the manufacture can't fill orders fast enough. we're talking about duck boots ll bean has been may aeeen maki 1912. they're trying to keep up with the lumber jack trend. some customers won't get their boots until spring. if you can't wait, there is always ebay where the boots are going for, get this, double the retail price. wow. >>> if you're up for a movie on christmas, some new ones are hitting the big screen. a couple dramas, unbroken an big eyes. and also into the woods. and in a very limited release, the comedy that is annoying north korea, "the interview". >>> the economy seems to be ending the year on an upswing. >> there are signs of recovery everywhere from gas pumps to stores and to wall street where the dow set another record will week. brian mooar reports from washington. >> reporter: n

apple i user manual. i spoke with wayne about the auction. >> what is up for sale is a set of documents, which is in two partsthe galley groups of the original apple i manual. they consist of the drawings and pages that i made and the graphics i made for the manual. the second part is actual documentation of the first apple ii, which was the first production unit made by apple. the documentation was something that steve jobs asked me to put together. he wanted me to design an enclosure for the apple ii. this includes concepts, sketches, some of the detailed drawings and sketches and prints of the assembly drawings that were used for the apple ii, the first production unit. >> remind us -- what was it like working with steve jobs and steve wozniak for those first 12 days, and why did you sell your stake? >> to begin with, it was an absolutely fun time, particularly working with somebody like wozniak, who is a very whimsical character. and a lot of fun. he did everything he did because he enjoyed it so thoroughly. at the beginning, i was in my 40's and they were in their 20's. i worked with steve jobs for two y