A Superior Court judge in Morristown, New Jersey is considering whether or not a woman who knowingly texted her boyfriend, while he was driving, and who ultimately crashed into a couple on a motorcycle, can be held responsible in civil court.

According to the report, the 18 year old driver was "glancing" at texts from his girlfriend when he crossed traffic and hit two motorcyclists. The driver plead guilty to using his cellphone while driving, was fined $775, and has to make speeches about the dangers of texting and driving, which is illegal in the state of New Jersey.

The motorcyclists are suing the driver, but are also seeking to have his girlfriend added to the suit as well. Their attorney told The New York Post:

"If you know somebody is operating a motor vehicle, if you know it is illegal to text and drive because it violates the law, if you know it's dangerous, if you know all this and knowingly send a text, then a jury should decide."

The girlfriend's attorney told The Daily Record that it's not fair or reasonable, and that the girlfriend has no way to control when her boyfriend is going to read her messages.

A decision is expected May 25.

Now, I'm not an attorney, I do not play one on this blog, and I know next to nothing about contributory negligence, but there does not appear to be any precedence to this case the way there is to drinking and driving cases, for example.

The laws surrounded distracted driving are also patchwork. They often target specific items, like phones, instead of general principles. Putting on makeup. Reading newspapers. Drinking and eating. Changing radio stations. Focusing on GPS. Looking at expensive cars. Staring at scantily clad humans.

Conversely, new technologies are emerging that allow for different ways to interact with mobile devices. Chief among them, Siri. With Siri, instead of staring and typing, you can do more listening and talking. You can hear SMS and dictate responses. When it works.

All of this raises a lot of questions. Should there be specific laws against texting, or should there be more general laws against distracted driving? If there are always against texting, should new interfaces like Siri be exempt? Is having a conversation on the phone, or with Siri, different than having a conversation with a passenger who could, theoretically serve as a second set of eyes on the road?

And if something like texting while driving is illegal, and someone knows you're driving and keeps texting you, should they bear some of the responsibility if an accident occurs?

Source: [The New York Post](http://www.nypost.com/p/news/local/textingdriverspells_VtlfopCrrakk8PjDKVhjWJ0

Late last week Apple filed a preliminary injunction against Samsung's flagship tablet, the Samsung Galaxy Tab 10.1. The move comes shortly after an appeal which partially confirmed that Apple's design patent infringement complaint was valid. This might put just a slight damper on the settlement talks Apple and Samsung had scheduled for today. Apple proposed to give Samsung until May 25 (this Friday) to respond.

Such a ban might sting Samsung a bit, but they've dealt with a similar ban in Germany by offering a slight a redesign of the Galaxy Tab 10.1; even if such a ban comes quickly to the U.S., Samsung already has a contingency in place to put their Android tablet back on store shelves. We've seen a lot of this kind of activity on the smartphone side of things lately;  HTC was recently hit with a similar ban from Apple, and Apple might not even have to do anything to get Motorola phones off the U.S. market, since some of them are facing a ban after an ITC ruling in a patent case against Microsoft.

Although the iPad still dominates the tablet market, it's been gradually losing market share as a multitude of Android tablets have begun coming out of the woodwork. By attacking on legal fronts, Apple is at least delaying the competition's progress, if not securing its lead for the long-term. I'm not worried that Android's going to beat out Apple overnight, especially given the sky-high customer satisfaction of iOS devices, but it's hard to imagine how the current iPad will manage to stick out to consumers when surrounded by so many lower end, cheaper alternatives. (As to the 7-inch iPad, well, that's still a rumor for now...)

What do you think - does Apple need to litigate to keep the iPad in the lead, or is this just one of the many steps needed to take to kill and bury Android?

Souce: FOSS Patents

The release date for when the iPhone 5 comes out is the most frequent question we're being asked these days. That makes sense -- some people might need a new phone and don't want to get the current iPhone 4S if the next generation iPhone 5 (or whatever Apple decides to call it) is right around the corner. Others see competing phones like the Nokia Lumia 900, HTC One X, and Samsung Galaxy S III and want to see Apple's answer sooner rather than later. Still others always want the new stuff now, now, now. The day after Apple releases the iPhone 5, they'll want the iPhone 5S. That's just how it goes.

Past behavior

Apple, of course, hasn't even announced a next generation iPhone yet, much less the release date. If we use past behavior as the best indicator of future behavior, than for the first four years of the iPhone's existence, Apple announced the release dates at their annual World Wide Developer Conference (WWDC) and shipped shortly thereafter. The original iPhone shipped on June 29, 2007. The iPhone 3G on July 11, 2008. The iPhone 3GS shipped on June 8, 2009. The iPhone 4 shipped on June 24, 2010.

And then everything changed.

Pattern breaks

First, the Verizon iPhone was launched on February 10, 2011. Then WWDC 2011 came and went without a new iPhone announcement. Last year's iPhone 4S wasn't announced until October, and didn't launch until October 14, 2011.

Many of the readers, listeners, and viewers asking us when the iPhone 5 is coming out are hoping 2011 was an anomaly or outlier, that the Verizon launch somehow causes a momentary blip in time and space, and that this year everything will return to "normal" and we'll somehow get a WWDC 2012 iPhone 5 announcement and June release date again.

The new normal

While it's impossible to rule anything out 100%, a June 2012 iPhone 5 release doesn't seem likely. First, it would be quite early in the product cycle to replace the iPhone 4S. While it took 16 months to go from iPhone 4 to iPhone 4S, reverting to a June release for the iPhone 5 means the iPhone 4S would only enjoy 9 months in the top spot.

Also, all those previous summer iPhone launches were preceded by spring iOS developer events where new versions of iOS were shown off. Last year's fall iPhone release didn't have a special spring developer release. iOS 5 was announced at WWDC 2011.

Likewise, Apple didn't have an iOS 6 developer event last spring either. Unless Apple doesn't plan on releasing a new version of iOS 6 this year, which seems unlikely, that leaves WWDC 2012 as the next venue where it could be introduced. If Apple is only going to show off the iOS 6 beta in June, that leaves little hope that the final version running on the iPhone 5 will be released any time before the fall.

Last year, the iPhone took the place of the iPod as Apple's big holiday release. Apple didn't even announce next generation iPods during their traditional fall event, just paint jobs. It was all iPhone. And given how important the holiday quarter is to Apple, that doesn't seem likely to change.

So when is the iPhone 5 coming out already?

iMore has heard that no new iOS devices will be announced at WWDC and that Apple is currently planning to once again release the next generation iPhone in the fall.

Based on everything we've heard, and everything we've seen so far, October 2012 is when iPhone 5 is coming out.

More information

• iPhone 5 page: Where we collect the latest information
• iPhone 5 Forum: Who cares what we think, tell us what you think!
• The 4 inch iPhone: A look at how Apple could implement a larger screen
• iPhone 5 to be another Google killer -- but with a twist: Why we're liking getting an updated Maps app, among other things.
• iPad mini: The other big rumor for the fall

For today only the iMore iPad Accessory Store has the BodyGuardz Protective Skin for the new iPad and iPad 2 on sale for $14.95! That's a huge 50% off! Get yours before they're gone!

BodyGuardz is the perfect The new iPad or iPad 2 screen and body protector. It provides scratch protection from outside elements without the need of bulky cases. BodyGuardz is designed to custom fit the The new iPad or iPad 2. These invisible protectors are made from the same material that is used to shield the front of automobiles from stones and other abrasive elements.

Tough and durable, BodyGuardz for the The new iPad or iPad 2 will keep your device protected from scratches. BodyGuardz is easy to apply and is designed to offer full body and screen protection to your device while letting the beauty and design of the The new iPad or iPad 2 shine through. BodyGuardz is optically clear and remains invisible without distorting the dimension or design of your The new iPad or iPad 2. If you're looking for a/an The new iPad or iPad 2 case, cover, protector or skin, you just found it with BodyGuardz.

Features:

• Optically Clear
• Custom Fit for The new iPad or iPad 2
• Full Screen and Body Protection
• No Special Care or Maintenance

Shop BodyGuardz Protective Skin for the new iPad and iPad 2 now!

It's a holiday weekend here in Canada. Victoria day if you must know. Except in Quebec where it's Patriot's day. Yeah, I don't care beyond the "holiday" part either. Actually, I don't care about the "holiday" part either -- I've heard of such things but rarely if ever experienced one myself. Still, I have family and friends congregating, and they're pressuring me to "get off that damn machine", so I'll keep this brief. Ish.

Grappling with Google+

I'm trying to use Google+ again. It's not easy but I'm trying. I go to Twitter and the last post is seconds or minutes old. I go to Google+ and the last post is hours if not almost a day old. I go to Twitter and I can interact with most of the people I know online. I go to Google+ and mostly I only see my friends from Android Central. And Scoble.

Maybe iOS and Google+ don't mix the way iOS and Twitter do, but Google put some effort into the new iPhone app. And Phil Nickinson swears it's a great platform for discussion.

So if you're there too, give me a shout and let me know what you love about it. Or hit me up on Twitter and tell me what you don't.

You can find me at +Rene Ritchie (or @reneritchie) -- and you we have a fantastic forum thread going where you can swap user names with other iMore members.

Do I believe

A 720p, 16:9 display at 4-inches would both shrink existing app UI elements and touch targets, and require an even larger letter and pillar box.

One of the most frequent questions I get asked online is "do you believe Apple will do XYZ." Right now it's "do you believe Apple will do a 4-inch iPhone."

Here's the thing -- my personal belief doesn't matter, and often doesn't exist. I'm not all Mulder or Scully about this stuff.

If Apple announces something, I'll report it. If we get a story from a solid source, or we can corroborate a story with a solid source, I'll report it in that context.

If you think I have secret information I'm not sharing, then either I don't or I can't. Either way, it won't inform any answer I give before it does a story I'll write.

So if you ask that question, the answer I'll give you is "I don't know".

Now if you ask me what I'd like or what I'd want...

Meet Gary, he's here to help

One of the biggest challenges we face at iMore is the incredible range of our audience -- from hard core geeks who want nothing more than the latest tweaks, to the soccer parents who just want to know how to iMessage a photo. It's an incredible challenge to balance our content and coverage to serve both extremes, and the many, many people somewhere in the middle.

Our current strategy is to do lots of really good stuff for both, and hope readers will congregate around what interests them, and either pass over, or pass along what doesn't.

And helping us do that is Gary Mazo, Mobile Nations' newest Senior Editor and all around how-to guru. Some of you might be familiar with Gary from the Made Simple Learning series that covered everything from BlackBerry to iPhones and iPads and back again.

Gary's done a few reviews and ninja-level how-tos for us so far, but this month he's going to be kicking it up another several notches.

If you want to know everything you can possibly know about iOS, or want handy links to pass on to friends and family so they can learn to do without you, he'll have you covered.

And he's starting a new series tomorrow.

3D movies are terrible

I've had 4 family birthdays in the last couple of weeks and all of them wanted to go see the Avengers. Yes, my family has good taste in movies. The first 3 times I saw it in blessed 2D. The last time I saw it in 3D. The 3D was, as expected, horrible.

Human eyes didn't evolve to focus and converge on different planes. That's why 3D makes overly sensitive people nauseous. The technology also isn't there yet. It's dark, and in the case of post-produced 3D, it looks more like layered paper bring dragged across the screen than actual depth.

It makes fight scenes look jumbled, special effects look cheap, and interferes with the narrative far more than it accentuates any experience.

The industry likes to tell us it's the next evolution and as natural a progression as silent to sound, black and white to color. It's not. It's a gimmick. And that they use it as a way to hike up ticket prices is a joke.

Hopefully Apple never announces anything 3D. Not a 3D display, not 3D content in iTunes. Not anything unless and until a technology comes along that works.

Like a holodeck.

Picks of the week, now more picky

One of the editorial goals of iMore is to more carefully curate what we present to our readers. We want everything we post to be deserving of your attention. With that in mind we're changing the way we do picks of the week.

Instead of editors and moderators choosing apps that interest them, we're reducing the quantity and upping the exclusivity considerably. Georgia, Leanna, Simon, and yours truly, with input from everyone, will make the calls.

Starting this week, we're picking one app, one game, and one accessory each week. And that's it. It might be brand new, or it might be a classic. It might be über popular or it might be a hidden gem. But it will absolutely be the best thing we could find.

Check it out, and let me know what you think. (We might even do them as three separate posts next week, if that works better?)

Features

Once again, an embarrassment of riches.

• The 4 inch iPhone by yours truly. If Apple does make the iPhone screen bigger, how could they do it, what would the benefits be, and what problems would it cause?
• Best free iPad games by Simon Sage. The definitive list of the best fun to be had on your iPad.
• Instacast vs. Downcast vs. Pocket Casts: iPhone podcast app shootout! by Ally Kazmuch. Which podcast app for iPhone reigns supreme?
• What Samsung's rise and Nokia's fall means for Apple and the iPhone by Chris Umiastowski. The smartphone market has almost literally turned upside down. Can the iPhone keep on capitalizing on the disruption?
• Facebook Pages Manager for iPhone review by Leanna Lofte. She had to review the Canadian App Store version, because Facebook hasn't seen fit to release it in the U.S. yet. Seriously.
• How to integrate all your social networks into your iPhone and iPad Contacts by Gary Mazo. He misses web OS and Windows Phone style social network integration. A lot.
• How to stop Twitter from tracking you across the Web by yours truly. Because knowing is half the battle.
• Pogo Sketch Pro vs. Kuel H12 vs. Jot Pro vs. Bamboo: iPad stylus shootout by Georgia. The results of our week long look at pro-level stylus pens. Which one is best, and which one is best for you?

Reading List

• Multiple Nexus devices could be a game-changer for Google and Android by Alex Dobie. If Google does press ahead with several hero devices from several manufacturers, what if anything does it mean?
• Four years of App Store by Federico Viticci. MacStories interviews developers about the state of Apple's mobile marketplace, and how it's changed -- and hasn't changed -- since 2008.
• Are apps bought or rented? by Ricard Gaywood. TUAW's resident number cruncher takes a look at the push-back on Instacast's new paid + in-app-upgrade pricing model.
• iCloud is the Difference Between Great and Excellent by Benjamin Brooks. iCloud is Apple's next generation digital hub. Competitors should be very afraid. (But probably aren't.)
• Web design manifesto by Jeffrey Zeldman. Finally, someone who proudly types even larger than Kevin Michaluk.
• Creating the Windows 8 user experience by Jensen Harris. An interesting look at the design decisions behind Microsoft's "no compromises" desktop to tablet to phone interface.
• How Yahoo! killed Flickr and lost the Internet by Mat Honan. A no-holds barred takedown of one of the worst corporate mismanagements in recent history. Something HP likely followed to the letter when running Palm.
• Hey did I miss anything? by Dan Harmon. Sony pictures drops the creator and show runner of the up-until-now-fabulous TV show Community, and apparently all the writers along with it, yet someone expects us to think the show will still be returning next season.

And now...

I'm getting off this damn computer.