it could crash the ipod.y could come up with stuff like that, but they would have to substantiate it. if it looks like there was no such good reason, they could be in more trouble. >> as i understand it, beauty is in the eye of the beholder. if they say it was beautiful to exclude other services, is that enough? >> you have a jury in front of you. who can tell a story that the jury believes? the question for the jury, was apple trying to do the things that consumers want? greater security, greater products. or where the updates just a way strangle strong-arm -- competitors in the cradle? the technology that cap told her kept ipods from playing music from other services, were they doing something legitimate? jobs.ming large, steve there is no better storyteller in the history of technology. is the sympathy of a sick steve jobs before his death, is that going to shape the jury? what has the judge done to keep that from happening? >> it is a complex question. the judge has said that apple, the plaintiffs do not

back in the day, the apple ipod was king. remember this? ipod, 1000 songs in your pocket. again atdays are back least in court. apple is appearing in a decades old class-action suit over the ipod. is whether apple violated antitrust laws by forcing customers to use the ipod to play music downloaded only from itunes and nothing else blocking access to music from other services. it found liable, apple could be on the hook for $1 billion in damages. steve jobs will play a key role. a video deposition from steve jobs taped month before he died will be key pieces of evidence as the court gets underway today. joining us now is robin feldman to talk about this. also michael carrier from rutgers law school. what is at stake in this case? in antitrust, the damages can be quite high. the questions are fairly simple. it's what you do with the girth that matters. -- was apple computing on merits or was the company trying to throw its weight around? >> michael, there is a lot of discussion about apple saying they want to controlled her own world of letting music on there. i remember wh

a lot of people forget exactly how contentious music was when the ipod first came out. when the hacking was taking place, how paranoid the music industry was about songs being locked down. it was only later they started selling relatively unprotected mp 3s. but apple was rightfully paranoid that music companies would pull their songs back from itunes if they didn't keep them locked down. that is apple's argument here. real networks has an argument that hey you should be able to play music anywhere. but boy if this whole thing goes down the drain because they can't find an ipod receipt? >> strong legal counsel. kara good weekend to you. >> thanks a lot. >> we should mention nbc universal is a minority investor in re/code and we have that content sharing partnership. nasa's orion set to complete its mission in the in next few moments. jane wells is at the launch site with more. >> we are about 14, 15 minutes away from splashdown of the orion 270 miles west of baja california. nasa has a uav applying in the pacific which hopes to capture live pictures after o rooip hits th

la acusan de haber monopolizado ese mercado cuando lanzÓ su producto en 2003, se refiere que los ipodsilidades para obtener mÚsica por otras pÁginas. >> los demandantes, y consumidores que ya no existen, llevan 10 aÑos preparando la demanda con base en una violaciÓn a la ley antimonopolio. >> ellos invirtieron en esta tecnologÍa y tienen que recuperar esa inversiÓn como ocurre con las medicinas y las patentes y todo lo demÁs. >> el testimonio de steve jobs le jugarÁ en su contra, aparecerÁ como testigo en un video se presentarÁn algunos de sus correos electrÓnicos de la corte. en una de las comunicaciones steve jobs dice necesitamos asegurarnos que cuando musicmatch su producto no puedan usarlo en ipods. >> Únicamente los consumidores de apple que hayan comprado su reproductor entre septiembre del 2006 y marzo del 2009 pueden entrar dentro de esta demanda colectiva. la gestiÓn de derechos digitales generÓ apertura eliminando monopolio, desde entonces a la mÚsica de itunes tambiÉn puede reproducirse en otros dispositivos, estos casos antimonopolio son difÍciles de comprobar, por lo gene

turned out she had the wrong ipod. here she is testifying from a sketch last week, this is slightly different testimony, but she did testify last week. apple lawyers asked to see th then -- the ipod. how we get ten years into this and find out one of the plaintiffs has the wrong ipod is flabbergasting. >> well, let's get a check of the market this morning. we turn to landon doughty of cnbc. good morning. >> reporter: good morning to you, scott. futures reporting to a lower open today. nding the record high try from the nasdaq up 11 to 4,780. >> three bay area companies set to ipo this week. new relic is a software company, horton works is another software company. and this company is called left-handing club. it allows you to pool your money together and left-hand it out to people. here you see horton works as well. they're going to ib. . nm. >> i think he mentions lending club because he want us to pool our cash. >> also amazing is lending out to private people, you get more honest returns than banks do. more people a

they have more than any other device. >> i have my own ipod. and it is in my drawer. ipads always throwbacks. i wonder if i could get money for my old walkman? >> you could probably get a lot money for that. >> landon dowdy from cnbc. thanks. >> announcer: now your nbc10 "first alert" weather. >>> tracking some scattered snow showers, a dusting for much of the area. but those snow showers are on the move. and they're making snow in the pocono mountains. that's a live view from blue mountain. most of the area is below freezing. north and west, icy spots, jillian. >> that's right. let's check drive times right now. 95 southbound from woodhaven to the wein. a 14-minute trip. 14 minutes from the west vine to the blue route. and blue route to 76, 18 minutes. >>> we're following breaking news in philadelphia, kind of a bizarre story where an overnight car crash turned into more of a police investigation. >> nbc10's randy gyllenhaal is live on that story. randy, what's happening? >> reporter: yeah, you can see the damage behind me. next why police say

so when i bought it, i didn't own it. >> it would only work on an authorized ipod. now, a class action suit claims apple was trying to stomp out the competition. iet relates to technology no longer relevant. it's a dinosaur of a by gone era. >> this law professor says the case is finally seeing a jury. apple has gotten rid of copy protection but the question remains. >> how far can you go? what actions can you take? >> some testimony in this case is likely to come from a witness that can't be in the courtroom. apple's late co-founder steve jobs will be heard in a taped deposition, speaking from beyond the grave. >> raising steve jobs from the dead is an interesting strategy. >> one she says could be risky for apple >> they paint a steve jobs very aggressive and willing to step on smaller companies to do well for apple. >> just as important is what it means for start ups trying to compete with a company like apple. >> the way they play out determines who survives. >> begin, next month, women working at ups can request light duty when pregnant after a driver's lawsuit

. >>> first, a big trial involving apple and its ipod. that gets under way today. cnbc's geoff cutmore joins us live from london. geoff, as i understand it, jurors are going to hear from a major witness in all of this. who's the witness and explain more about the case. >> yeah. this is fascinating. and a little creepy because steve jobs will be speaking from beyond the grave, if you like. it's a video deposition that he put together as it relates to this case involving the ipod. this is a decade-old case. the argument is that itunes ran software that forced people to use the ipod to download the music, and therefore they paid more. so the class action lawsuit alleges that people paid in excess of $350 million more than they should have done because they had to use the ipod rather than other technology. this obviously is a big case for apple. we will hear from or at least the court will hear from steve jobs in this video deposition. so that's going to be fascinating to keep your eye on. you were talking about the cyber monday sales here. well, good numbers. we think

. >>> a bottom shell coming out of the ipod trial, apple has been deleting tunes out of apple ipods without apple telling them about it. maribel aber has more on this. >> reporter: apple is accused of deleting music from customer's ipods. the company is on trial facing a class action lawsuit involving 8 million ipod owners. apple forced customers to reset their ipods if they downloaded music from their competitors to itunes, when the itunes were restored, the music from rivals was gone. >>> uberrer raised $1 billion from big investors. the latest round values it at $41 billion. they have raised 8 times as much it's rival. >>> 228,000 jobs were created last month. >>> finally lamborghini is planning a plug-in hybrid. it could be the electric car of choice for lamborghini in the future. the tall body of a sports utility allows for the power train. even though it's known for a sports car it may be an suv that ends up being an electric vehicle. >> matt and tam, i can't wait to see how that works. >> maribel i'm holding out for the car that drives itself that would eliminate driving and texting

so when i bught it, i didn't own it. >> it would only work on an authorized ipod.ow, a class action suit claims apple s trying to stomp out the competition. iet relates to technology no longer relevant. it's a dinosaur of a by gone era. >> this w professor says the case is finally seeing a ry. apple has gotten rid of copy protection but the question remains. >> how far can you go? what actions can you take? >> some testimony in this case is likely to com from a witness that can't be in the courtroom. apple's late co-founder steve jobs will be heard ia taped deposition, speaking from beyond the grav >> raising steve jobs from the deadis an interesting strategy. >> one she says could be risk for apple >> they paint a steve jobs very agessive and willing to step on sller companies to do well for apple. >> just as important is what it means for start ups tryng to compete with a company like apple. >> theay they play out determines who survives. >> begin, next month, women working at ups can request light duty when pregnant after a driver's lawsuit reached the sueme cou

it's been a long time since we've used the term ipod. >> got to go work out with one. it's going to be tough to work out this morning. it's 4:39. christina loren, that rain is really coming down. >> good morning, christina. >> yeah, we definitely need it as well. i want to show you a live picture here, 101 through palo alto. not a lot of commuters on the road at this time. the ones we do have are driving the speed limit or below. this rain just just started out over the past two hours or so. at this point you're still getting a pretty safe drive to work. it's about when this really heavy batch rolls on at about 9:00 that we're concerned for commuters this morning. you want to give yourself plenty of time and dangerous conditions to head throughout the door today. on the east shore you'll notice a lot of rain drops. we're looking pretty good for the 50s now to end up in the 60s later today. then we have some severe weather possible here in the bay area, heavy rain storm and a little bit of a praek as we head throughout your thursday but there is a lot of rain on the way

but if you go back ten years, the ipod was the king. share in the portable music player market and they had a monopoly, according to this lawsuit. and they were able to keep this monopoly, according to the suit, by not allowing you to play other music purchased from other digit a.m. music store fronts. you had to get it from itunes. we asked the plaintiff's attorney what's wrong with that. take a look. >> there's nothing inherently wrong with having a closed system, you can make that decision, that business decision. what you can't do is to try to hold on to your monopoly if you gain one through that system. >> the most popular mp 3 player in the world. yes just pro introduced no one today and they're thinner and lighter. >> how much of this case hinges on steve jobs' behavior? >> in one sense a lot of it hinges on it because the evidence we have ties him to the top in implementing the scheme essentially to knock out the competition. it starts at the top, the very top with him. >> and the plaintiffs' lawyers have already presented evide

apple wanted to keep the ipod locked down. that is when the company called real networks would put your music on your ipod without apple. apple called that software a hack and changed apple software to block it. ladies and gentlemen, it is legal to make improvement toes software. it's not legal to make an improvement just to block your competitor. that is the whole court case right there. >>> billboard says this morning it will start counting music streams as it figures out who is number one on the charts. frankly, i'm flat flabbergasted they didn't do it until now. spotify says the most streamed song of 2014 was "happy." >>> what is and is not a threat online, after a guy posted his own amateur wrap lyrics on facebook. he was jailed for making threats. chief justice john roberts asked if eminem would be arrested if he did the same thing. would decides that it's a threat? if it's the person or is her? if it's the receiver, anybody can say they feel threatened about anything. if it's the receiver, then the police have to get in

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 market. we will be covering this trial all week and bring you news as it comes. >> it is only tuesday and already as you probably know it has been a huge news week for apple. there is the trial and yesterday's stock drop followed by a comeback. alex is a managing director and has a buy rating on apple. good to have you with us. what do you make of this trial since we just got josh's repor

♪ >> this is bloomberg west turn back to the apple ipod antitrust trial.obs 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. 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

they told the judge the ipod she owned falls outside the time of purchase in question. the mercury news reporter who's in the courtroom says the judge seems very annoyed. this case has been winding its way through the courts for ten years. it is very peculiar that the issue was not noticed until now. kris? >> that is interesting. >>> the land trust of santa cruz county hopes to raise $1 million to pay for a rather unique project to help wild animals get across highway 17. according to the santa cruz sentinel, the land trust and caltrans wants to build a tunnel underneath the highway so the animals can cross safely. the sentinel says in the last seven years alone, 13 mountain lions have been killed by cars on the highway, along with countless deer, bob cats, coyotes, and other smaller critters. experts say because there are narrow shoulders and no turnouts, it's hard for traffic to stop when the animals dart out and most animals do try to cross the road at the same spot, so they hope building a safe crossing point at one of those locations might help with that issue. ani

ipod?hat question is comip in the billion-dollar tion lawsuit over >>> did apple delete music from your ipod? that's coming up in the billion- dollar class action lawsuit over itunes music. on the consumerwatch julie watts reports steve jobs will be a key witness via videotape and the plaintiffs are getting the attention. >> reporter: they claim between 2007 and 2009 apple used software on ipods to delete music from customers ipods if it was purchased from rivals. lawyers claim this is an abuse of apple's monopoly power. apple says it was trying to protect its contract with record labels and copyright restrictions but it may be moot soon as two of the plaintiffs -- or the two plaintiffs representing the 8 million class action consumers may not actually have a case. so far they have been unable to prove they actually owned an ipod during the period in question. [ laughter ] >> so the case 10 years in the making could ultimately be thrown out. >>> and there's a new push to ban microbeads in p

he's there to defend the ipod updates in 2006.t was after the update that music from rivals real networks wouldn't work on apple's device and what plaintiffs' lawyers want to argue is apple made that update because it wanted to still competition, it wanted to expand its monopoly over the online digital music market. they want to say apple executives were worried about real networks that had its own music store and software that allowed music to be played on ipods. in fact, this morning plaintiffs' lawyers showed e-mails from steve jobs to eddie cue and paul schiller and other lieutenants in which jobs referred to real networks as hackers saying they are were breaking into the ipods, plaintiffs trying to portray jobs as a frustrated executive who wanted to crush the competition. cue is taking the stand to argue, that, no, update didn't have anything to do with real networks. the update was about security, that apple products are less secure if you let a third party into the itunes system. that opens the door to bugs and malware. he

the case is a billion-dollar class action lawsuit over apple's ipod music player.he plaintiffs contend that people were essentially locked into using ipods because they could not easily switch their music collections to other portable devices. if apple loses the case, consumers who bought ipods between 2006 and 2009 could be eligible to collect some money. >>> the most violent and notorious criminals are sent to marin county. san quentin is home to more than 4,000 prisoners, many spending life sentences. >> but there are a handful who believe that they will walk out of prison and right into a six-figure salary. all thanks to a new program with roots in silicon valley. here's nbc bay area's tiffany truong. >> reporter: every foot of california's oldest prison keeps those inside its walls disconnected from the outside. save just one room. >> good question. >> reporter: where the focus is on tic tac toe. or rather how to build an interactive version of the game by coding. >> we're learning how to make an application where users can interact with the browser. >> report

classic ipods are selling for as much as $900 on ebay. even though apple stopped selling them back in september. the older ipods have more storage with 164 gigabytes than any current apple device. >> i've got to check my closet, i think i have one of those. >>> check out these headlines that caught our eyes this morning. out of "the detroit news," protesters demand msu cancel george will speech on the heels of recent comments he made about sexual assaults on college campuses. the pew research center finds growing support for gun rights. "usa today" has this scoop on the states with worst drivers. tied at number one? montana and south carolina. be safe on those roads. high on the list texas, north dakota, and delaware. because i make the best chicken noodle soup. because i make the best chicken noodle soup. because i make the best chicken noodle soup. for every way you make chicken noodle soup, make it delicious with swanson®. [ woman ] i will embrace change... everything life throws my way. except for frown lines. those i'm throwing back.

the lawsuit dates back to apple's introduction of the ipod a decade ago. apple faced accusations of trying to squeeze out competitors, installing software that prevented ipods from playing music that wasn't purchased from the itunes store. competitors and some consumers sued. >> we are happy to get to a jury and have them consider the issue. but of course, we wish for a different result because we had a lot of people that were depending on us. >> jurors watched steve jobs being questioned about the early ipods in a deposition recorded about six months before he died in 2011. apple's opponents plan on appealing today's verdict. >>> uc berkeley says its servers were hacked. 1600 people are being notified that their social security numbers and credit card numbers may have been compromised. the data breach apparently happened when an employee used his work computer while on vacation. >>> in redwood city, an official pitch today for the 2024 summer olympic games. members of the u.s. olympic committee heard from three other cities, boston, los angeles and washin

to on your ipod. the problem was the i positive was locked up. a company called real networks tried to make its software work with ipod and apple at that time called that a hack, something it had to protect against. but was it a hack or was it just good software writing? apple was never attacked, after all. apple softwares was never affected. so a jury in oakland will have to decide if what apple did in response changing its software, was an improvement or just a way of illegally blocking a competitor. it's a serious case, it seems arguing about ipods in 2014 is silly. but $1 billion is at stake. we're going to talk more about music in a minute. but in the meantime, let's talk stocks. good morning, landon. >> good morning, scott. futures are mixed ahead of the opening bell. stocks rallied tuesday with the dow closing at a record high on the back of better than expected auto sales and better than expected numbers on construction spending. look today for productivity and the services sector. the nasdaq

when the ipod was restored, the music from the competition was gone.ey representing the plaintiffs say apple used its power to force out competition. the measures were taken to protect contracts with record labels. >>> this is why i call my kids cost centers. college is expensive, but child care is more expensive than in-state college tuition. a new report from child care aware finds child care costs eat deeply into family budgets. 85% of income can be spent on child care. parents in massachusetts pay $16,000 a year for infant care. >>> "early start" continues right now. >>> breaking overnight, a second night of protests in new york and across the country over a lack of indictment in the chokehold death of eric garner. we'll bring it all to you this morning. welcome to "early start," it's friday, december 5, 5:00 a.m. exactly in the east. breaking overnight, even bigger protests in the wake of a grand jury decision not to indict a police officer in the death of eric garner. demonstrations nationwide in san francisco and

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. >> i think this case is interesting because it talks about the way appleworks or at least under steve jobs. the accusation at least is that apple purposely kept consumers from using using they downloaded on realnetworks and other formats on their ipods to make it a closed ecosystem. the question is whether they were closed for the sake of security complicity or the sake of we want your money and not real nu

. >> also apple going to court over the ipod. scott mcgrew here. >> you still use yours? >> i do. >> most people don't. this is going to be in federal court in oakland. this is a case that dates way back to 2005 and the question over whether apple violated rules by prohibiting other companies for putting content on your ipod. remember, you could only get it off of itunes. this is going to be a billion dollar case. it's a $300 million case, triple damages brings it up to $1 billion. >> steve jobs testimony will be key. i said testimony. he'll appear on videotape. >> he'll be on videotape testifying about his decisions about the ipod. this is where people are most interested. he's testified postmortem in both the salary fixing case that shocked silicon valley and the e book price fixing case. in both case what is he said either in person or e-mail turned him into a really nasty guy in a lot of people's eyes. there were some very, very naughty e-mails coming from steve jobs and we may see more with that with the ipod case, if the judge allows them. we may see another peek in

did apple really delete non itunes music on your ipod? lo josh is live outside the courtroom in oakland california with more. >> reporter: well this is a big day in this case. when apple's top executives now take the stand. who we are going to hear from today. eddie cue is going to take the stand. he is going to testify about apple east competitors. phil shiller. and steve jobs. all about this update in 2006 and how after that music from companies like rivals like real networks couldn't work on apple's devices. plaintiffs have said the only reason for the update was because apple's was trying to expand and maintain its monop y monopoly. apple was saying it was for security reasons. and you did see that play out yesterday when plaintiff's lawyers talked about how apple deleted files 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 f

it was all about this ipod update in 2006. plaintiffs have said that update was made by apple to legally shut out rivals like real networks that apple was just trying to stifle competition and maintain a monopoly over the online digital music market. apple said this upgrade to the ipod back in '06 was done for security reasons. a jury here deciding with apple so this case is dismissed. a win for tim cook and company. >> let's go to final trades. >> stick with xle. >> i like sarner. >> i like "power lunch" because it starts right now. >>> "halftime" is over. "power lunch" and the second half of the trading day start right now. >> good afternoon. thanks. if you like volatility and traders do you like whip lash tuesday. we were down 99 points right after the "closing bell" on the dow a short time ago up 247. that is a 350 point swing. let's tell you where the dow sets right now at 17,282. the s&p just a hair under

that is of course over that ipod issue. we will continue to uncover that as it unfolds. >> a lot of money at stake there. >> billions. >> one final check of today's top stories. in a matter of just minutes, president obama is expected to announce ashton carter as the next secretary of defense. carter is an ivy leaguer from yale who has taught at both stanford and harvard. >> and in oakland last night, the fruitvale bart station was briefly closed because of protesters upset with the grand jury decision to not charge officers in new york and ferguson. >> and about ten people forced out of a well-none san jose homeless encampment have taken up shelter just about a block away. the city has set up shelter for some but others say they have nowhere to go. >> christina, we have a teensy break and then more rain. >> temperatures are mostly in the 50s, we are on our way to the 60s later on this afternoon and then that heavy rainfall arrives. this is the time frame i'm really concerned about, 2:00 to about 6:00. and you can see why.

. >>> big developments in apple's ipod trial.ill we hear the late steve jobs' testimony plus the head lines you may have missed in this hour of power. my name is bret hembree. i am an electric crew foreman out of the cupertino service center. i was born and raised in the cupertino area. it's a fantastic area to work. the new technology that we are installing out in the field is important for the customers because system reliability i believe is number one. pg&e is always trying to plan for the future and we are always trying to build something stronger and bigger and more reliable. i love living here and i love the community i serve. nobody wants to be without power. i don't want my family to be without power. it's much more personal to me for that reason. i don't think there's any place i really would rather be. will thank you. , sir? ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're

a tripke we are taking down memory lane to a decade ago when the ipod was all the rage.l this case impact the future of apple in streaming music? and the world in which they recently bought beats? >> it's even broader than that. there was a kind of seismic announcement this week from a publishing group on this idea they would start in competition with some of the other research providers. and they didn't. it still buried inside. we are seeing this battle really never goes away. it's a continuous struggle between what i bought and what i own. -- if i bought it, do i own it? do i have to listen to apple? the battle is being fought to this day and it does not go away. >> we will continue to monitor this apple antitrust trial, thank you for joining us. john chen has worked and enterprise technology for 30 years rising to the rank to become the ceo. now he is charged with leading blackberry and saving it from possible extinction. his path has been anything but easy and it all began in a tiny apartment in hong kong. on the latest edition of studio 1.0 i asked him about his upb

la acusan de haber monopolizado ese mercado cuando lanzÓ su producto en 2003, se refiere que los ipodss electrÓnicos de la corte. en una de las comunicaciones steve jobs dice necesitamos asegurarnos que cuando musicmatch su producto no puedan usarlo en ipods. >> Únicamente los consumidores de apple que hayan comprado su reproductor entre septiembre del 2006 y marzo del 2009 pueden entrar dentro de esta demanda colectiva. la gestiÓn de derechos digitales generÓ apertura eliminando monopolio, desde entonces a la mÚsica de itunes tambiÉn puede reproducirse en otros dispositivos, estos casos antimonopolio son difÍciles de comprobar, por lo general el juez desestima o se resuelven fuera de corte. noticias univisiÓn. >> demorÓ lo que el >> se conociÓ el efecto que obligÓ a recoger mÁs de 6 millones de asientos. estamos en medio del nuevo perÍodo de incripciÓn para el obamacare. >> este es el segundo aÑo que decide seleccionar un seguro de salud bajo el obamacare pero experimentÓ un cambio sustancial en el precio que debe pagar cada mes. >> yo comencÉ pagando 28,22 y me subieron a 122 con 90

. >> finally, plenty of people still want a classic ipod. apple discontinued the player in october but some are selling right new on the internet for $1,000. classic ipods first appeared 13 years ago opening the music revolution. >>> coming up, the big light fight the bay area family duking it out on national tv for the title. >> it can be tough to stay on new episodes on netflix because they and twitter are making it easier to much can up. >> this is the embarcadero interest san francisco it will be foggy. but dry. we are keeping tabs on weather and traffic and breaking news and traffic and breaking news through the commercial break. angeles fire breaking out with >>> abc7 news begins with breaking news. a two-story commercial building in los angeles is on fire. it is two mile away from another big fire that the los angeles firefighters were working. it is the west lake district in to mcarthur park. >> netflix is introducing an easy way to alert you to new movies and episodes of your favorites where users can get a twitter episode when a ne

except lawyers for apple figured out she had the wrong ipod and she didn't qualify to be the plaintiff. but no worries, they got another plaintiff except monday apple lawyers argued successfully the other plaintiff didn't qualify because she didn't buy the ipod herself. lawyers have until this morning to show up with a new plaintiff. >> landon doughty is live on cnbc. good morning. >> good morning, scott. futures are lower after the market sell on monday with the dow posting its biggest percentage decline in six weeks. energy stocks were slammed. the declining crews picked up when -- >> the hack against sony really is about that story "the interview." they are now demanding the studio not release "the interview." the movie is a comedy about the assassination of the leader of north korea. north korea doesn't think that's very funny. recently we saw the social security numbers for thousands of employees, pay rates. monday was the personal phone numbers of celebrities. i have to be honest with you. i didn't realize our computers aren't able to look at that particular web site. nbc forbids

, the other didn't have the ipod herself and therefore has no standing in the case. this trial is moving forward. lawyers are supposed to bring a new plaintiff to court this morning. >> to bring a suit against apple, you need to buy the actual product you're suing about. >> you would think they would have had that figured out. >> 6:17 right now. we are tracking a powerful storm headed our way. we have a live look at live doppler radar on our left. it is dry out there now. we want to warn you, be prepared. this next storm will be the strongest to hit the bay area in years. >> christina was telling us those rainfalls could climb up the ranks of the most we've seen in a decade or so. that coupled with 50 mile-an-hour winds is prompting many to take precautions. last week's rain toppled several trees all over the bay area and no doubt the ground still a little bit soggy. the santa clara county water district is putting out notices for people to stock up on sandbags. the water district also said it will have crews roaming before the storm looking for potential debris that

the attorneys said it inflated the price of ipods.eposition during the trial. >>> wall street started the week on the down side. >>> riding your bicycle on san jose sidewalks may soon be illegal. supporters say the ban is needed to protect pedestrians from aggressive cyclists. city transportation officials recommend the ban. critics say it would push cyclists into sometimes dangerous traffic situations. the ban would not apply to police and children under 12. >>> tracking showers, as we head toward your bay area tuesday. it's going to be a wet one tomorrow, especially in the noon time hour until about 4:00. there is the moisture moving onshore. streaming onshore. those showers will start to pick up in the terms of light, scattered drizzle. light sprinkles after midnight. showers now just a little under about 100 miles offshore in some cases. i am seeing lightning strikes out here in the yellow areas. we are seeing lightning offshore. a good indication that lightning and thunder are a good chance tomorrow. especially in the afternoon.

a california jury decided apple did not use restrictive sore in the ipod to freeze out make of competing mp3 players from accessing the itunes marketplace. >>> well, a different mood at sony pictures where the fallout from that massive hack attack on the company's computer system just keeps getting worse. julia boorstin has more on the latest troubles at the studio. >> reporter: the group that claims responsibility for hacking sony systems and releasing a personal e-mail and information is now going as far as to threaten theaters and theater goers over sony "the interview" threatening unspecified but ominous action for the premiere in new york on thursday and film's release scheduled for christmas day. >> we're now in a completely different level. they have complained. they have brought sony's internal network to a halt. they have released one trove of data after another. leaked movies to file sharing sites and now we have an implied threat of violence. >> reporter: we have to keep in mind, the threat comes fro group determined to prevent the movie from being released and people from see

did apple intentionally lock other companies out of the ipod and its massive pots of revenue? >> we're being completely cliche-free here. the jury is literally deciding this. they'll have to decide l apple must include a balance. so this is the basic question before the jury. were changes intended to make your ipod experience better and as a side effect locked out competitors or was the real purpose to block out those competitors? >> well, the markets are on a losing streak. let's turn to landon doughty, see if she can do anything. good morning, landon. >> i don't know if i can doing in for you open. >> the continued slide in po. >> the fed begin as two-day meeting and the central bank is expected to drop its pledge to keep interest rates throw for a long time. scott, back to you. >> all right, landon. thank you much. did you have know you can watch our newscast streaming live on? apparently so not on demand. we have hulu for that. it's kind of strange in that we're a broadcaster. secondly, it's only tv show, not spots. that's is a totally differency lens at least for now, liv

at issue is a billion-dollar class action lawsuit over apple's ipod music players. plaintiffs contend music lovers were essentially locked into using ipods because they couldn't easily switch music collections to other portable devices. the case has been going back and forthary nearly a decade. >>> world aids day at the memorial grove in golden gate park. congresswoman nancy pelosi along with judith light spoke at the event. other guests were honored for their leadership and activism to find a cure. attendees were able to share stories to pay tribute to lost friends and loved ones. it's estimated that 35 million people have died from the virus. >>> as part of the #feelnoshame campaign, prince harry observed world aids day by revealing a long-held secret. >> on today, world aids day, my secret is, believe it or not, i get incredibly nervous before public speaking to a crowd or audience. >> the twitter campaign is in support of the prince's charity. the campaign is an effort to help reduce the stigma associated with hiv. all day celebrities have been revealing their s

allegations that apple deleted music on your ipod.about a toxic vacation where. all the trash from cruise ships is going. >>> everything they owned destroyed in an instant. to southern california where a big cleanup effort is under way zy:investigative unit? call áy1-888-996-tips, or'(x e- the unit@nbcbayarea.com. nbc bay area, we investigate. >>> a san francisco military man missing in action was buried today at arlington national cemetery. death. honor guards accompanied the casket of air force sergeant charles gardner. he and 11 other crewmembers were shot down over new guinea in world war ii. a team located the plane in 2001. dna was collected at the scene andl#i2÷ matched against relati including gardner's san francisco nephew. >> unfortunately, my parents can't be here. my sister can't be here. but through that miracle of dna comes thisw.6o day. >> four crewmen on gardner's plane parachuted to safety, but died after they were captured. >>> the billion dollar trial continues. applm music collections. apple executives took the sta

do you know what i miss on the old ipod? the scroll button. it was somewhat soothing to flip through and find music within don't you think? >> i don't think if it was soothing, but -- >> before we go to break, u.s. markets looking to bounce back after their worst days in two months. the euro hit session lows after banks took up slightly loans and the ruble sees the russian central bank hiking rates. >>> the dow & s&p are looking like they might end their seven-week whipping streak after yesterday's decline. but today, they are looking like they are going to bounce back. the dow is expected to he up about 40, 50 points. the s&p expected up about 5 points and the nasdaq up about 6 points. european markets are basically flat across the board. the stoxx 600 is basically flat. germany is up 0.3%. both france and italy are basically flat. this follows about 3% declines across europe in the previous two trading sessions. so it is jaufr setting that a bit today. but let's look at the banks because the banks have rallied. we've had another take up by l

we'll tell you why a jury decided apple didn't block competition when it upgraded the ipod. >> back nowie haener in the newsroom. >> coming up, whooping cough was eradiated at one point, but now new figures show it is back in california with avengeance. what health officials say could be behind the spike in cases this year. also, getting stranded in cold water can be deadly. we'll show you the coast guard training session that teaches people how to survive in chilly waters. these stories and more coming up at 6:00. >>> the san francisco board of supervisors is meeting today and could offer a settlement to a family of a patient that was found in a stairwell. a patient at sf general when she went missing. her body was discovered 17 days later. the almost $3 million settlement would spare the family's feelings. >> it avoids retracted litigation that causes them to relive and relive the loss of their mother. >> harris said in order to negotiate the settlement, he had to work around the current $250,000 cap on medical malpractice awards and the doctrine that law enforcement agencies are immu

we have this historic footage, the old click wheel ipod. did apple violate laws making it harder to get other music on ipods. mp-3 players have been around for years but ipod was a market leader and he fought to keep it that way. did he fight too hard? that's for a jury in oakland to decide. the damages could reach $1 billion. and apple's hometown in cupertino will have a meeting to make a master plan. last time they met it lasted ten hours. a master plan dictates how the city uses land and malls. that will determine the future of balco mall. >> jury deliberations begin today in the case of two san francisco police officers accused of corruption. they are accused of stealing money and property along with wire fraud and conspiracy to distribute drugs. >> san jose's city council is going to be deciding today whether to ban bikes on sidewalks downtown. many pedestrians have complained about having to dodge cyclists on the sidewalks. the cyclists say they're just trying to avoid the traffic on the streets. >> san francisco taxi drivers could ge

plaintiffs contend that people were essentially locked into using ipods because they could not easily switch their music collections to other portable devices. if apple loses the case, consumers who bought ipods between 2006 and 2009 could be eligible to collect some money. >>> nearly three years after the costa concordia cruise ship -- the captain will testify today, facing manslaughter charges. he was at the helm in january of 2012, causing it to capsize. 32 people died. >>> greco is under investigation by the government following the largest child safety seat recall in history. greco recalled more than 6 million car seats earlier this year because the buckles could get stuck, potentially delaying a quick exit in an emergency. the company developed a fix for the problem, but now the national transportation safety administration wants to know whether the company followed a law requiring them to report an issue within five days of discovering it. if the company is found in violation, it could face a $35 million fine. >>> japanese manufacturer takeda has expanded a recall tonight. the