A Federal Court in California has ordered that Apple must go to trial in a location tracking lawsuit after two researchers discovered that Apple had been secretly tracking users location and movements without their consent, even with GPS turned off and claimed that that violated the user agreements.

Apple had sought to have the case dismissed arguing it did nothing wrong and that this was covered in the terms of use, and that they never shared any information with third party companies. The case involved iPhones, iPads, and iPods.

In court testimony, it later came out that Apple had indeed shared information to third-party companies such as Google, AdMarval, Admob, Flurry, and Medialets. Those companies were also included in this lawsuit for unfairly benefiting from illegal activity, but Judge Lucy Koh dismissed them from the suit altogether. The judge also dismissed claims that Apple violated customers’ privacy rights.

But federal judge Lucy Koh said there was “some ambiguity” as to whether all the information that was collected had been permitted and ordered Apple to trial. The lawsuit had originally been a collection of lawsuits that have been merged into one.

Once news of the tracking activities was out, congressional hearings were started with Congress demanding Apple stop this activity. Apple said it would fix the “bug” that allowed this to happen and it would be included in future updates.

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