technology

Netflix Settles Class Action Suit

by AP on February 11, 2012

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SAN FRANCISCO — Netflix pressed the rewind button on its fourth-quarter earnings after settling allegations that the video subscription service violated a consumer-privacy law. Accounting for the $9 million settlement resulted in a 14 percent decrease in the fourth-quarter net income that Netflix Inc. reported Jan. 25. The bottom line for the final three months of last year now comes to $35.2 million, or 64 cents per share, down from the previously reported $40.7 million, or 73 cents per share. The company, which is based in Los Gatos, disclosed the change in a regulatory filing late Friday. Netflix’s stock price has surged 23 percent since the fourth-quarter results were released, partly because the company’s earnings were substantially above analysts’ average estimate of 57 cents per share. But investors mostly were impressed with Netflix’s fourth-quarter gain of 600,000 subscribers – a number unaffected by Friday’s accounting adjustment The upturn in subscribers indicated that Netflix had bounced back from a public-relations nightmare triggered by a 60 percent increase in its U.S. prices last September. Netflix expects to sustain a loss this year as it pays higher licensing fees for video and establishes its service in Latin America, the United Kingdom and Ireland. The $9 million legal settlement rids Netflix of another potential headache. A lawsuit on behalf of Virginia residents Jeff Milans and Peter Comstock alleged Netflix had been breaking a 24-year-old law by retaining records of the DVDs and Internet video that its subscribers watched for up to two years after they cancelled their plans. The complaint, filed in San Francisco federal court, cited the Video Privacy Protection Act, which was passed in 1988 to prevent video rental services from sharing information about what their current and former customers have been watching. The class-action lawsuit asserted Netflix violated a section of the law requiring personally identifiable information to be destroyed within a year “from the date that the information is no longer necessary for the purpose for which it was collected.” Retaining former customers’ viewing records allows Netflix to restore their old video queues and make better recommendations if they reactivate their subscriptions. In a statement Friday, Netflix said it didn’t make any admission of wrongdoing in the settlement. No other details were disclosed in a settlement notice filed Friday in federal court. In most class-action settlements, attorneys filing the case usually are paid a large portion of any money that is paid out. Sean Reis, an attorney representing Milans and Comstock, didn’t immediately return phone calls Friday. Netflix has been lobbying Congress to revise the Video Privacy Protection so it can introduce a feature on Facebook’s online social network that would allow its U.S. subscribers to automatically let their family and friends know what they have been watching. Netflix already offers the Facebook tool in the 46 other countries it operates, but all but more than 90 percent of its roughly 26 million subscribers are in the U.S. “This matter is unrelated to the company’s concerns about the ambiguities contained in the VPPA,” Netflix spokesman Steve Swasey said. Netflix shares closed Friday at $123.93, down 91 cents.

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Netflix Settles Class Action Suit

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New Users Flocking To LinkedIn

by AP on February 9, 2012

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SAN FRANCISCO — LinkedIn provided further evidence of online networking’s popularity and moneymaking potential with a fourth-quarter performance that got a glowing review on Wall Street. The results announced Thursday indicate LinkedIn Corp. is playing an increasingly influential role in the employment market as millions more people post their resumes there. The professional-networking service has been turning into a digital rolodex for headhunters and job seekers alike. LinkedIn added another 14 million profiles during the final three months of last year to bring its total membership to 145 million. Meanwhile, more companies have been paying to get additional access to LinkedIn’s membership as the U.S. economy has been steadily adding jobs in recent months. LinkedIn gets more than two-thirds of its revenue from fees it charges companies, recruiting services and other people who want broader access to the profiles and other data on the company’s website. The rest comes from advertising. The trends helped LinkedIn fare far better than the company’s own management and analysts had predicted. The pleasant surprise came a day after online coupon distributor Groupon Inc. raised investor doubts about young, rapidly growing Internet companies by announcing an unexpected fourth-quarter loss. LinkedIn’s numbers seemed to lift spirits; the company’s stock surged more than 8 percent late Thursday. The ebullient reaction may bode well for an upcoming IPO from Facebook Inc., which has built an online network of 845 million users by focusing on family and friendships instead of career advancement. Facebook filed papers last week for an initial public offering of stock. It’s expected to be completed in May or June. The IPO is expected to value Facebook at $75 billion to $100 billion. LinkedIn, which is based in Mountain View, Calif., has emerged as one of the stars from last year’s crop of Internet IPOs. During the first nine months of trading, its stock has remained well above its IPO price of $45 and is moving upward again. The stock rose $6.44, or 8.4 percent, to $82.83 in extended trading Thursday after the release of results. LinkedIn earned $6.9 million, or 6 cents per share, during the final three months of last year. In 2010, the company had income of $1.6 million, or 3 cents per share. It’s not directly comparable because LinkedIn’s outstanding shares have ballooned since its IPO in May. Before figuring the net income credited to shareholders, LinkedIn’s net income for the latest quarter increased 30 percent from $5.3 million If not for certain accounting items unrelated to its ongoing business, LinkedIn said it would have earned 12 cents in the fourth quarter. That figure topped the average estimate of 7 cents per share among analysts polled by FactSet. Revenue more than doubled from the previous year to nearly $168 million – about $8 million above analyst estimates. Management’s projections for the first quarter and full year also called for revenue above analyst forecasts.

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New Users Flocking To LinkedIn

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Groupon Reports Earnings Results For First Time

February 8, 2012

NEW YORK — Groupon investors were expecting a better deal than the surprise loss the company delivered on Wednesday. The online deals site, reporting for the first time as a public company, said its fourth-quarter revenue nearly tripled, but it lost money and its shares fell sharply after hours. Groupon Inc., which went public in November, makes money by taking a cut from the online deals it offers on a variety of goods and services, such as restaurant meals, manicures and weekend getaways. Investors are watching whether this business model is sustainable and leads to growth over the long term – and whether the company can not only grow its customer base but make more from each subscriber. Groupon’s net loss totaled $42.7 million, or 8 cents per share, for the final three months of 2011. A year earlier, as a private company, it booked a larger loss of $378.6 million, or $1.08 per share. The company said its adjusted loss was 2 cents per share in the latest quarter. On this basis, analysts were expecting a profit of 3 cents per share, according to FactSet. Groupon said an unusually high international tax rate hurt the quarter’s adjusted results. Groupon’s revenue was $506.5 million, nearly triple the $172.2 million it reported for last year’s fourth quarter. Analysts, on average, had expected lower revenue $473.1 million, according to FactSet. For the current quarter Groupon expects revenue of $510 million to $550 million. Analysts are forecasting $501 million. CEO Andrew Mason called 2011 a “phenomenal growth year” for Groupon. But he stressed that the company wants to keep expanding and that will require continuing investment in technology. “While Groupon is the clear market leader in online local commerce, we estimate that we still participate in less than 1 percent of total local transactions,” Mason said. Groupon had 33 million active customers at the end of the quarter, nearly four times as many as a year earlier. It defines active customers as those who have purchased a Groupon in the previous 12 months. Customers spent $1.25 billion on all the Groupons the company sold in the quarter. That “gross billings” figure doesn’t include taxes or account for the money the company paid to merchants. Benchmark analyst Clayton Moran called the sharp share price drop unwarranted, though he noted that the stock has been “volatile, hotly debated” and “somewhat controversial” since its IPO. Nonetheless, he said Groupon’s first quarter as a public company was impressive and strong where it counts, notably revenue and other key metrics. Chicago-based Groupon’s stock tumbled $3.59, or 14.6 percent, to $20.99 in after-hours trading. The stock, which closed at $24.58 on Wednesday, has traded in the range of $14.85 to $31.14 since pricing at $20 ahead of its initial public offering on Nov. 4.

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Huge Shakeup At Yahoo

February 7, 2012

SUNNYVALE, Calif. — Yahoo Chairman Roy Bostock and three longtime board members are leaving the troubled Internet company. The shake-up announced Tuesday continues a drastic makeover of Yahoo’s leadership during the past month as the company tries to win back investors frustrated with years of broken turnaround promises. Yahoo Inc. ushered in a new era last month by hiring former PayPal executive Scott Thompson as its fourth CEO in less than five years. Then Yahoo co-founder Jerry Yang resigned from the board. Bostock is departing along with Vyomesh Joshi, Arthur Kern and Gary Wilson. Many Yahoo shareholders have been clamoring for Bostock to step down since the company balked a $47.5 billion takeover offer from Microsoft Corp. in 2008.

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Twitter, Facebook Are Least Used Sources Of Political News

February 7, 2012

WASHINGTON (AP) — In this campaign season, the social networks have nothing on the news networks. A new survey from the Pew Research Center for the People and the Press finds cable news most frequently cited as a regular source of political campaign news, followed by local TV news, network news, the Internet and finally local newspapers. Twitter, YouTube and Facebook were at the bottom of the list. But with only Republicans choosing a presidential nominee this time around, fewer people are interested in following campaign news in any medium. This year’s poll marks the first time that cable news topped the list of campaign news sources, with 36 percent of those surveyed reporting that they regularly learn something about the campaign or the candidates from pay TV news. Cable has not gained as a source since early in the 2008 cycle, when 38 percent identified it as a top source. But the share who said they regularly get news from other TV sources or newspapers has declined. Asked where they get most of their campaign news, 74 percent cited television, in keeping with findings over the past few election cycles. Thirty-six percent said the Internet is their main source, up 10 points from this point in 2008, and newspapers provided most of the news for 23 percent, down 7 points. Use of the Internet as a regular campaign news source has held steady at 25 percent, on par with the 24 percent who regularly turned to the web in 2008. Pew attributes the lack of growth to declining interest in campaign news overall, particularly among younger adults, the primary users of online news. In January 2008, 34 percent of adults said they followed election news very closely. But that dipped to 29 percent this year, with the steepest declines among those under age 30 and Democrats. The 2008 campaign saw a relatively slim, 8-point difference in strong election interest by age. This year, however, senior citizens are twice as likely as those aged 18-29 to say they are following campaign news very closely. Among older age groups, the share saying they turn to the Internet regularly for campaign news has held steady or climbed, but among those under age 30, that figure has dropped sharply, from 42 percent in December 2007 to 29 percent now. A majority of those surveyed said they use social networking sites like Facebook, but most do not use them for news. Just 6 percent regularly turn to Facebook for campaign updates, and 2 percent go on Twitter. But the low standing of social networking sites doesn’t mean they aren’t a news source with potential for broader appeal. In early 2000, just 6 percent of survey recipients said they got most of their campaign news from the Internet. That grew to 13 percent by the start of the 2004 campaign and has nearly tripled, to 36 percent, in the eight years since. Among current Twitter users, 41 percent said they turn to the site at least sometimes for news, among users of other social networking sites, 36 percent sometimes or regularly use Facebook for news. Those using online news sources this cycle are most likely to turn to traditional news sites, such as CNN and Yahoo News, and aggregators, such as Google, over the candidates’ websites or social networking sites. CNN (24 percent) and Yahoo News (22 percent) top the list of online sources, followed by Google (13 percent), Fox News (10 percent), MSN (9 percent) and MSNBC (8 percent). All other sites were named by 5 percent or less, including Facebook, Twitter, the Drudge Report and Huffington Post. Interaction with a candidate’s online campaign is generally not seen as a key source of information. Just 2 percent who use the Internet for campaign information say they turn to candidate websites for news, but many more have had online contact with a candidate. Among registered voters, 15 percent say they have visited a candidate’s website and 16 percent have received email from campaign or political groups. Six percent say they have followed a candidate on Twitter or Facebook, rising to 12 percent among those under age 30. But whether online, on TV or in print, few Americans find it fun to keep up with politics. Overall, just 23 percent said they deeply enjoy following campaign news. The number dips to 17 percent among political independents, and to 13 percent of those under age 30. The Pew Center’s campaign news survey was conducted Jan. 4-8 and included interviews with a random national sample of 1,507 adults contacted by landline and cellular telephone. Results from the full survey have a margin of sampling error of plus or minus 3.5 percentage points. ___ Online: Pew Research Center: http://www.people-press.org

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Art Brodsky: The Jack Nicholson Answer to Hollywood Moguls on SOPA and PIPA: ‘You Can’t Handle the Truth’

February 6, 2012

Earlier today (Feb. 6), a most extraordinary group of people sent a letter to Capitol Hill, in the latest round of the fight over the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), telling Congress it was time to reject the well-worn lobbying of the big media companies. More than 70 grassroots activist organizations and emerging Internet companies got up the nerve to show Congress that it was time to stop fooling around with bills that helped to generate the largest online protest in recent memory.  More than 100,000 Web sites participated in the Jan. 18 blackout day.  Tens of thousands of people called and visited their Congressional representatives, all with one message: These bills are dangerous, and shouldn’t be allowed to proceed. The letter, coordinated by Public Knowledge, said, “Now is the time for Congress to take a breath, step back, and approach the issues from a fresh perspective.”   The message that there were, and are, fundamental concerns coming from a wide and comprehensive communities is one that doesn’t come across in comments that big executives have made lately. It’s a shame that Hollywood moguldom didn’t get that message and instead is still playing make believe.  Lawmakers should realize that their constituency in Hollywood is lacking a grasp of reality and missing the mark by a mile. One hand, Viacom CEO Philippe Dauman was quoted by deadline.com as saying at a conference that Hollywood didn’t lose the SOPA/PIPA fight on the merits of their case.  It was, instead, because there was “a lot of misinformation” from Silicon Valley.  He blamed the ” mob mentality ” and “unfortunate rhetoric” for the bills’ troubles. Speaking at the same All Things D conference, Chase Carey, the number-two exec at Fox, said it was “the message getting twisted” by that nasty Interweb that caused the bills to go down.  Carey admitted he hadn’t read the bills, but rejected working with Silicon Valley on a solution.  That’s fine.  It really isn’t Silicon Valley’s place to work out a solution with Hollywood anyway. It boggles the mind that Hollywood, which exists to tell stories, thinks it has let its story get away.  Let’s define the issue in a way Hollywood would understand, with this adaptation and then quotation from A Few Good Men : Int.  THE COURTROOM We are in a courtroom, in a tense moment of a trial.  It’s a court-martial, and the participants are all in the military.  At the prosecution table is Navy LIEUTENANT JUNIOR GRADE DANIEL ALLISTAIR KAFFEE (Tom Cruise in the movie), who has been performing unevenly throughout the trial, but now is gaining confidence.  He’s questioning COLONEL NATHAN R. JESSEP (Jack Nicholson), a decorated Marine commander who looks down on KAFFEE as if he’s an inferior life form.  Back and forth they go, with KAFFEE asking and JESSEP grudgingly answering, until this, from the movie (as opposed to the play from which the movie was taken):   JESSEP   You want answers?   KAFFEE   I think I’m entitled to them.   JESSEP   You want answers?!  KAFFEE I want the truth.   JESSEP   You can’t handle the truth! That’s it in a nutshell, isn’t it?  Hollywood can’t handle the truth about SOPA and PIPA. First , they can’t handle that there were dangerous elements to the bills.  That was why so many people, the very people Congress left out of the discussion, were moved to get involved.  The bills were much more complex than “cracking down on overseas pirates,” and yet those pushing the bills either disregarded or didn’t recognize the threats to a free Internet.  Certainly their testimony before Congress didn’t give any indication that they did either.  When anyone brought up their objections, Hollywood executives and their legislative allies dismissed them.  Who cared what cybersecurity analysts, law professors, artists, human rights groups, public-interest organizations and others had to say?  Eventually the sponsors caved on the security issue, but only after a long-standing dispute. Unlike the moguls, the activist letter recognized: “A wide variety of important concerns have been expressed — including views from technologists, law professors, international human rights groups, venture capitalists, entrepreneurs, and above all, individual Internet users. The concerns are too fundamental and too numerous to be fully addressed through hasty revisions to these bills. Nor can they be addressed by closed door negotiations among a small set of inside-the-beltway stakeholders.”   Second , the executives didn’t recognize that the protest against the bills was not a product of classic special-interest lobbying.  It was not Hollywood vs. Silicon Valley.  As this article in PC World (and other publications) showed, Google did not create the protest against the intellectual property bills.  Rather a network of groups with substantive concerns worked with organizations from around the country, which, once informed of the dangers of the bills, spread the word to their members, and constituent organizations. Third , there really is some question about what “the truth” is in these cases.  The only numbers for “harm” come from the industry and haven’t been duplicated by anyone.  It’s time to find out what the “harm” really is. That time-out is necessary to “determine the true extent of online infringement and, as importantly, the economic effects of that activity, from accurate and unbiased sources, and weigh them against the economic and social costs of new copyright legislation. Congress cannot simply accept industry estimates regarding economic and job implications of infringement given the Government Accountability Office’s clear finding in 2010 that previous statistics and quantitative studies on the subject have been unreliable.” This is too important to hand over law making to one industry, as Congress did in the case of these bills.  Too much is at stake to try to rework the bills in a slapdash manner, behind closed doors.  That’s the truth.

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Happy Birthday, Facebook!

February 4, 2012

Today marks the eighth anniversary since the social network first launched at Harvard University in Mark Zuckberg’s dorm room on February 4, 2004. After Google, Facebook is the most visited site in the world and may reach as many as 1 billion members by August , notes Mashable. On February 1, the company filed a Form S-1 with the SEC in preparation for an IPO worth $5 billion. Some speculate that once Facebook begins trading publicly, it could be valued as high as $100 billion . According to Facebook’s S-1 , the company pulled in a whopping $1 billion in net profit on $3.7 billion in revenue in 2011. But much of Facebook’s success has come from building a better user experience and resisting the temptation to make fast money. Indeed, the S-1 featured a section titled “The Hacker Way,” a declaration by Mark Zuckerberg, who wrote that the company’s mantra has long been to focus on delivering features first and improving later. WIth over 800 million members worldwide, it’s pretty amazing how Facebook has grown and changed our lives over the years. It now seems almost impossible to imagine life without witty status updates, friend requests, relationship statuses or photo tags. Users became even more attached to the site after the company rolled out interactive features like chat, the timeline and the subscription button . Some might even say the site resembles a digital resume, especially since now you can turn your timeline into business cards . Even more notable is how Facebook expanded internationally. Available in over 70 languages, 80% of the company’s monthly users are from outside the U.S. and Canada . Happy Birthday, Facebook.

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HP CEO Awarded Hefty Pay Package

February 3, 2012

SAN FRANCISCO — Hewlett-Packard Co. ushered in Meg Whitman as its CEO with a $16.5 million compensation package that hinges on the one-time politician’s ability to lift the stumbling technology company’s stock price during the next two years. Last year’s pay consists almost entirely of 1.9 million stock options valued at $16.1 million, according to documents filed Friday. Whether Whitman ever gets an opportunity to cash in most the options will depend on whether HP’s market value rises substantially from its depressed level when HP fired her predecessor, Leo Apotheker, as CEO last September. HP disclosed Whitman would be getting the stock options shortly after her hiring, but didn’t specify their value at that time. The company, which is based in Palo Alto, also had previously disclosed Whitman’s salary would be limited to $1 while she tries to rebuild the momentum that HP lost after ousting Mark Hurd as its CEO in a titillating scandal in 2010. Apotheker fared even better than Whitman, partly because of a severance package that paid him more than $12 million in cash and allowed him to keep most of the stock awards that he got while he was CEO. Including the salary and perks that Apotheker received while he was still HP’s CEO, his 2011 compensation package was valued at $26.7 million. That figure excludes a $3.7 million stock incentive that HP canceled as part of Apotheker’s severance agreement. If Whitman succeeds in her mission at HP, she could use the windfall from the stock options to offset her losses from her unsuccessful attempt to become California’s governor in 2010. During that campaign as the Republican nominee, she spent more than $140 million of her own money. Before entering the political arena, Whitman was best known as the CEO of eBay Inc. during the dot-com boom. She did so well there that she was a billionaire by the time she left the e-commerce company in 2008. HP faces challenges on multiple fronts. Its personal computer division is trying to adapt to consumers’ growing preference for tablet and other mobile devices. Meanwhile, its operations that sell servers and consulting services to big companies locked in a fierce battle with IBM Corp. and Oracle Corp. As with most companies, HP says it is trying to tie Whitman’s compensation to the company’s performance. Most of the stock options won’t become hers to exercise unless HP’s stock surpasses certain thresholds before October 2013. The rights to 800,000 stock options will vest on Whitman’s first anniversary as HP’s CEO if the company’s shares have closed at or above $28.31 for 20 consecutive trading days. The price target is 20 percent above the options’ stock price of $23.59. That price requirement hasn’t been met yet, though HP’s stock has closed above $28.31 several times in the past two weeks. The shares gained 57 cents to close Friday at $29.07. Although the stock has climbed since Whitman took over, it remains 37 percent below its price when Hurd left the company in August 2010. Another 800,000 options will vest on Whitman’s second anniversary on the job if HP’s stock has closed at or above $33.03 for 20 consecutive trading days. That’s 40 percent above the exercise price. The remaining 300,000 options vest in annual increments of 100,000 on Whitman’s first three anniversaries as CEO. Those awards aren’t tied to HP’s stock reaching a certain price. Whitman, 55, also received more than $372,000 in additional compensation that stemmed from cash and stock grants that she received last year while she was a non-executive director on HP”s board. This year, Whitman will be eligible for a bonus of up to $6 million to supplement her $1 salary if HP does well. The Associated Press formula calculates an executive’s total compensation during the last fiscal year by adding salary, bonuses, perks, above-market interest the company pays on deferred compensation and the estimated value of stock and stock options awarded during the year.

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Will There Be A ‘Cyber Cold War’?

February 3, 2012

By Peter Apps, Political Risk Correspondent LONDON (Reuters) – With worries growing over computer hacking, data theft and the risk of digital attacks destroying essential systems, western states and their allies are co-operating closer than ever on cyber security. But as they do so, the gulf between them and China and Russia — blamed for many recent hacks and with a very different and much more authoritarian view over the future of the Internet — grows ever wider. Last week, Chinese officials turned down invitations to a privately-run conference of military and civilian experts on cyber security in London, telling organizers Defense IQ they would not attend due to a “low tide” in relations with the U.S., particularly its military. A senior Russian official also pulled out at the last moment, citing a failure to obtain a UK Visa in time — although other attendees suspected that might simply have been an excuse. Western officials talk down such snubs. But they admit progress towards international agreement on “norms of behavior” in cyberspace remains a distant dream. “It is worrying,” says John Bassett, a former senior official at British signals intelligence agency GCHQ and now senior fellow at London’s Royal United Services Institute. “If anything, in the last year the differences have become more apparent and there seems to have been little success in tackling them. There is a risk it could end up damaging the wider relationship.” Russia and China, it seems, have little appetite to tackle data theft whilst the West has no intention of acquiescing to Russian and Chinese demands for a more controlled Internet. Jim Lewis, a former U.S. foreign service officer and now senior fellow at Washington DC think tank the Centre for Strategic and International Studies, participates in regular semi-official meetings with China on cyber. “There are several things coming together here,” he says. “There is the political difference over the freedom and future of the Internet. Then that gets tied together with the theft of commercial property — which itself becomes part of the wider trade issues..” Already, Western officials and academics involved in talks say discussions on cyber between East and West have become much more difficult and more complex than on any other issue. “This is going to be a very gradual process,” says Christopher Painter, the U.S. State Department lead official on cyber policy. “There are obviously some very different visions of the future of the Internet… On intellectual theft, I’m not going to single out China or Russia but it’s obviously something we take very seriously.” A November London conference organized by British Foreign Secretary William Hague was supposed to kickstart progress towards global consensus. But if anything, it looks to have simply exacerbated the differences. A follow-up conference in Budapest later this year could be similar, some fear. “The London conference did seem to show a “non-flexible” attitude from both the West and East,” says Tony Dyhouse, a leading cyber security specialist for UK defense firm Quinetiq. “Dare we coin the term “Cyber Cold War?”" INTELLECTUAL PROPERTY THEFT In public, U.S. and other Western officials almost always decline to detail where they believe the plethora of recent cyber attacks have come from. In the last year, they have included attempts to break into computer systems at the U.S. State Department and British Foreign Office and other highly publicized attacks on Lockheed Martin, Google, the NASDAQ and the International Monetary Fund amongst others. But privately and occasionally on the record, they frequently point the finger at Russia and China. Both angrily deny any involvement, saying they too are victims of hacking. But many Western security specialists say the evidence against both nations — particularly China — has become increasingly compelling. “China is currently engaged in a maximal industrial espionage effort that it justifies internally in terms of a catch up strategy (with the West),” says Thomas Barnett, chief analyst at political risk consultancy Wikistrat and a former strategist for the U.S. Navy. “The key question here is: can China assume the mantle of intellectual property rights respect fast enough to avoid triggering economic warfare of the West… If it can’t, then this is likely to get ugly.” PricewaterhouseCoopers consultant Tim Hind, a former intelligence chief at British bank Barclays, has few doubts. “I think government circles and organizations now… have very good attribution,” he says. “The question is what you do diplomatically with that attribution… I think our government sees our economic and political mission with China as more important than addressing the cyber issue.” Some believe the most promising avenue of negotiation might be to link it to one of Beijing’s primary worries — the buildup of U.S. military forces in Southeast Asia. “There is a deal to be made here involving the U.S. ceasing its intelligence gathering, naval and air activity off China’s coast,” Nigel Inkster, a former deputy chief of Britain’s Secret Intelligence Service (MI6) and now head of political risk and transnational threats at London’s International Institute for Strategic Studies, said late last year. But others suspect the scale of Chinese responsibility might be overstated. “One thing is certain — the “in thing” to do is blame China and hence it is likely that at least some of the actions blamed on China will not be of that origin,” said another European cyber security expert, speaking on condition of anonymity. “They’ve become a “no questions asked” scapegoat.” Because of the focus on China, some experts say the scale of hacking from Russian territory is often ignored. That, some suggest, is how Moscow was able to marshal so many “patriotic hackers” to paralyze Estonia’s Internet during a political face-off in 2007 as well as attacking Georgian websites during the 2008 war. More recently, such hackers have targeted dissident websites. VAST PHILOSOPHICAL GULF Perhaps even more serious than worries over hacking, however, is the vast philosophical gulf between East and West. Last year, both Russia and China saw a rise in Internet-fuelled unrest that they blamed in part on the West. Beijing’s censors increasingly struggled to control micro-blogging on their relatively tightly regulated Internet, whilst recent protests against Vladimir Putin are seen further fuelling Russian desire for control. In the run-up to the London meeting, Moscow and Beijing released a suggested “code of conduct” for the global Internet that would give national governments much more control over the Internet within their borders. But Western states swiftly shot down such suggestions. Despite British hopes the Chinese and Russians would not feel “ambushed” at the London summit, they would have found much to dislike there. “The Chinese see the Internet as an American construct, designed to provide the U.S. with military and commercial advantage,” said Lewis, adding that Beijing suspected the West of fostering dissent within its borders as well as building powerful cyber weaponry with which to attack. With almost every nation dramatically ramping up its military spending on cyber security — including offensive “cyber warfare” capabilities to attack essential networks, turn off power grids and cause massive disruption — some fear more serious confrontation. In a worst-case scenario, a single damaging cyber attack could spark a wider conventional war or even nuclear confrontation — with the risk a nation might wrongly blame a rival government for the actions of a single hacker and strike back. The 2009 Stuxnet computer worm attack on Iran’s nuclear program that reprogrammed sensitive equipment to tear itself apart was seen by many as a sign of things to come. As with any potential military conflict, experts have long said the key to avoiding accidental escalation is the creation of “confidence building measures” between all sides such as meetings, hotlines and shared discussions over threats. Senior officers from the newly launched U.S. Cyber Command and other officials have massively ramped up links with other military and civilian cyber agencies across NATO and the Western world. That process with China and Russia is at a much earlier stage, officials say. Some believe more should be done. “Even if you have long-running cyber arms control negotiations that never really went anywhere, that would give you the chance to get conversation and contacts going,” says former GCHQ official Bassett. For now, many believe the greatest risk is that paranoia sets in on both sides, further entrenching positions. “We are very tempted by a “Cold War” way of thinking,” says Lewis at the Centre for Strategic and International Studies. “The problem is that that can be very self-fulfilling.” (Additional reporting by William Maclean and Tim Castle) (Reporting By Peter Apps)

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Life On Facebook May Be More Pleasant Than Life On Earth: STUDY

February 3, 2012

NEW YORK (AP) — The goody-two-shoes among us say it’s better to give than to receive. That’s not true for the average Facebook user, though. A new study out Friday found that the average user of the world’s biggest online social network gets more than they give. That means more messages, more “likes” and more comments. Yes, even more “pokes.” Behind all that is Facebook’s relatively small group of “power users,” who do more than their share of tagging, liking and uploading. The report from the Pew Research Center’s Internet and American Life Project comes two days after Facebook filed for a $5 billion initial public offering of stock that could eventually value the company at $100 billion. Key to that mammoth valuation will be Facebook’s ability to convince advertisers they can make money from the billons of connections and interactions that people partake in on its website and beyond. Though Pew’s findings don’t address the commercial side of people’s activities, they shed important light on how people use the site and what they get out of it. The study is the product of Pew’s analysis of Facebook users’ activities in November 2010. It consisted of data that Facebook provided to Pew after 269 users gave their permission. Those users were identified through a random telephone survey about broader Internet issues. The researchers found that about 20 percent to 30 percent of Facebook users fell into the “power user” category, though they tended to specialize in different types of activities on Facebook. Some of them sent a lot of friend requests, while others tagged more photos than the average user. Only 5 percent were power users in every activity that Pew logged. The way this plays out is that the average user is more “liked” than they click “like” on other’s posts. They receive more friend requests than they send. On average, 63 percent of Facebook users studied received friend requests in the survey month while only 40 percent made a friend request. The result? It feels good to be on Facebook. It might even feel better than life off Facebook. After all, there’s no dislike button, and friends are unlikely to post harsh comments on your page. Instead, people you might not have seen in years bombard you with positive affirmations day after day, year after year. “You keep getting all these wonderful positive rewards,” said Keith Hampton, the study’s main author and a Rutgers University professor. “That’s pretty hard to give up.” Getting more than you are giving, in terms of emotional support, “is kind of what you are looking for,” he added. This might be the lure of Facebook, the reason it could be worth $100 billion and the reason it has 845 million users who are not leaving even if they’ve been on the site for years. The study found no evidence of “Facebook fatigue,” the idea that people get tired of Facebook after they’ve been on it for a long time. In fact it was the opposite. The longer someone had been using Facebook, the more frequently they posted status updates, pressed “like” and commented on friends’ content. “For most people, the longer they are on Facebook, the more they do on Facebook,” Hampton said. The original phone survey of 2,255 adults was done in October and November of 2010 and has a margin of error of plus or minus 2.3 percentage points. At the end of that survey, users were asked for consent for Facebook to share data. Twelve percent of the survey participants agreed.

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How Does Twitter Handle Piracy? An Inside Look

February 2, 2012

Last week, in the wake of protests over SOPA and PIPA, the controversial Internet anti-piracy legislation in Congress, Twitter released a database that offers a detailed view of how the company handles piracy. A look at the data yielded some surprises. To understand why, it’s helpful to know a few basic things about how Twitter works. Say someone posts a link to a pirated movie or song on Twitter. The record label or film studio that owns the right to that material can fire off a message asking Twitter to remove it. These messages are called DMCA requests, after the Digital Millenium Copyright Act, the 1998 law against online file-sharing, and the Twitter database contained an archive of all of these messages from the past two years -– more than 4,000 of them. Powered by Tableau In other words, Twitter answered the question, “Which companies are most aggressively pursuing pirates who use Twitter to promote their sites?” Universal Studios? Sony? Warner Brothers? All of those companies have plenty of material to protect — and plenty of resources, one would assume, for chasing copyright violators. But no. A New York film distributor called Magnolia Pictures was responsible for a third of the messages. Magnolia isn’t exactly a Hollywood powerhouse. The most recognizable name on the list of its recent releases is “Melancholia,” a movie about the end of the world made by a European director, Lars Von Trier, known for his formal inventiveness and his fascination with stories of alienation and despair. The movie made only $3 million at the box office in the U.S., and it’s not like most films in Magnolia’s pipeline figure to do much better. The Magnolia website describes one of those movies, “Beyond the Black Rainbow,” as “a Reagan-era fever dream inspired by hazy childhood memories of midnight movies and Saturday morning cartoons.” So Magnolia’s disproportionate presence in Twitter’s inbox is a bit of a mystery, until you realize that one of Magnolia’s owners is Mark Cuban, the outspoken owner of the Dallas Mavericks and an outspoken commentator on copyright issues. Cuban is well acquainted with the world of online entertainment. In 1998, he started Broadcast.com, offering live-streaming radio and video. He was an early and frequent critic of YouTube’s business model, and from his online soapbox, Blog Maverick, he has criticized the recording industry for going after customers who download private material, while advocating a nuanced approach to the protection of intellectual property. We asked Cuban why Magnolia was responsible for so many of the Twitter take-down requests. He responded with an email that looked as though it could have been dashed off on a Blackberry from the sidelines of a Mavericks game. Pirates, he wrote, “use twitter to automate the process of distributing content, we automate the process of finding them and taking them down.” “This isnt about personal use,” he added, “I dont care about that.” In fact, as it turns out, Magnolia’s automated attack on piracy was largely the work of another company, Web Sheriff. A British firm founded by an entertainment lawyer named John Giacobbi, Web Sheriff has contracts with several Hollywood companies, including Universal Pictures and Sony, and is one of the most prominent of the third-party companies that send take-down notices to Twitter, file-sharing sites, fan forums, and other corners of the web where pirated material is posted. According to Giacobbi, Web Sheriff was responsible for at least half the Twitter take-down notices. Like Cuban, Giacobbi advocates a nuanced approach to fighting piracy. “We treat our fans as fans, not criminals,” Giacobbi said. He said he works with band managers to get them to provide fans with two free tracks, which he can then post on their forums alongside the messages asking them to take down the illegally uploaded material. Though Cuban described Magnolia’s piracy response as “automated,” Giacobbi and his employees apparently take a lot of time to engage in conversation with fans and potential pirates. Giacobbi pointed to a comment thread on a forum for fans of the British band Prodigy. It stretches 18 pages and consists mainly of fans mocking Web Sheriff and posting pictures of cops and donuts, while Giacobbi and his company play along, making fun of themselves and at one point offering to treat everyone to a donut feast. According to Giacobbi, Web Sheriff aims at “working with the fans instead of against them.” In a world where the Internet reigns and piracy is the norm, there may not be many other options. Click here to download the Twitter DMCA data used in this report.

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Woman Accused Of Peddling Fake Facebook Stock

February 2, 2012

By Brendan O’Brien MILWAUKEE (Reuters) – A Wisconsin woman has been charged with theft over accusations she tried to profit from Facebook’s much-anticipated plans to go public by selling fake stock in the social media giant, a criminal complaint showed on Thursday. Prosecutors said Marianne Oleson told acquaintances she obtained $1 million in stock because her daughter was an acquaintance of Facebook’s founder, and persuaded several people to buy fictitious Facebook stock over a 4-month period. Oleson, of Oshkosh, was charged with 31 counts of theft, forgery and making misleading statements. Facebook unveiled plans on Wednesday for the biggest ever Internet IPO that could raise as much as $10 billion, but made it clear CEO Mark Zuckerberg will exercise almost complete control over the company, leaving investors with little say. The long-awaited filing kicked off a months-long process that will culminate in Silicon Valley’s biggest coming-out party since the heyday of the dotcom boom and bust. Facebook said it was seeking to raise $5 billion, but analysts estimate it could tap investors for $10 billion. The complaint against Oleson said that one of the people she was accused of selling fake stock to was a contractor who did concrete work at her house in September. Oleson paid the contractor for the work with $13,980 worth of fake Facebook stock. The contractor, who also paid $10,000 in cash to the woman for additional stock, grew suspicious when he found she lied about her name and various oddities on documents referring to the transaction, the complaint said. The 46-year-old woman was also accused of scamming a 66-year-old Oshkosh man who was suffering from a vision impairment. According to the district attorney, the man gave Oleson four checks totaling about $43,000 late last year to pay for Facebook stock. The woman promised him that she would send stock certificates in the mail, the complaint said. It also accused Oleson of selling fake Facebook stock to two other men for a total of $9,900. During the investigation, police said they found marijuana plants growing Oleson’s sun room, leading to additional charges of possession and manufacturing of marijuana. An attorney for Oleson could not immediately be reached for comment. (Reporting By Brendan O’Brien; Editing by Mary Wisniewski and Cynthia Johnston)

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Pirate Bay Founders’ Prison Sentences Will Stand

February 1, 2012

A few moments ago Sweden’s Supreme Court announced its decision not to grant leave to appeal in the long-running Pirate Bay criminal trial. This means that the previously determined jail sentences and fines handed out to Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström will stand.

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Anonymous Hacks Brazil’s Largest State-Run Bank

February 1, 2012

SAO PAULO (AP) — A group of Internet hackers said Wednesday it took down the website of the Banco do Brasil, Brazil’s largest state-run bank. It’s the third such attack against financial institutions in a week. “Attention sailors: Target hit! … BancodoBrasil is sinking. TANGO DOWN,” said a Twitter post from the group that calls itself “Anonymous Brasil.” It threatened further attacks on other banks. Banco do Brasil said in a statement that its website was not taken down but was “slowed down” by a flood of traffic.” The Associated Press was unable to access the site in repeated attempts. On Monday, the group attacked the website of Itau Unibanco Banco Multiplo SA, Brazil’s largest private sector bank and one day later it did the same against Banco Bradesco SA, the country’s second largest private bank, using a denial of service attack that essentially swamps a website with false users. Anonymous Brasil posted a video on the UOL Internet news portal in which a man wearing a mask depicting the character “V” of the film “V for Vendetta” said the attacks against the banks’ websites are aimed at “calling attention to the corruption and inequality in Brazil.”

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Google Revenues Fail To Meet Expectations

January 19, 2012

SAN FRANCISCO (AP) — Google’s moneymaking machine misfired badly in the fourth quarter as its advertising prices fell during the holiday marketing season. The results announced Thursday fell way below the lofty expectations of stock market analysts. That caused Google’s shares to plunge more than 9 percent after the numbers were released. Google Inc. earned $2.7 billion, or $8.22 per share, during the October-to-December period. That’s just a 6 percent increase from $2.5 billion, or $7.81 per share, at the same time in 2010. If not for certain items, Google says it would have earned $9.50 per share. Analysts surveyed by FactSet had expected $10.51 per share. Revenue climbed 25 percent from the previous year to nearly $10.6 billion. After subtracting ad commissions, Google’s revenue totaled $8.1 billion. That was about $300 million below the average analyst forecast. The disappointing performance stemmed from a surprising downturn in the prices that the Internet search leader collects for each click. The average price declined 8 percent from the same time in 2010. The erosion reversed what had been happening earlier in the year. The year-over-year increases in Google’s price per ad click had ranged from 5 percent to 12 percent increase in the first three quarters of 2010. The fourth quarter marked the first time Google’s revenue surpassed $10 billion for any three-month period in the company’s 13-year history. Reaching that milestone wasn’t enough to impress investors. Google shares shed $58.56 to $581.01 in Thursday’s extended trading.

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Gary Shapiro: Revenge of the Geeks: The Day Washington Reversed Course

January 19, 2012

We’ve all heard of the geeks — Jobs, Bezos, Chambers, Ellison, Gates, Jacobs, Zuckerberg. But political Washington has never much concerned itself with the geek community. Yesterday, that changed. Yesterday, American geeks roared at establishment Washington, and Washington listened and acted. In 2010, it was healthcare; 2011 was all about spending and the deficit. On both issues, the establishment won. But 2012 has started off on a different footing: the American people told Congress in one clear voice to keep its hands off their Internet. With sites like Google and Wikipedia leading the charge, Americans overwhelmed congressional phone lines demanding that their senator or congressman oppose the House’s Stop Online Piracy Act ( SOPA ) and the Senate’s PROTECT IP Act ( PIPA ). These twin bills were well-intentioned efforts to stop overseas rogue websites from pirating copyright content, like music and movies. But they were also the creatures of the content lobby and were designed as one-sided nuclear missiles to destroy any website that hosted illegal content or linked to an illegal site. In a stunning shift, this week more than 40 members of Congress withdrew their support for or announced their opposition to SOPA and PIPA. How did this happen, especially when the Senate bill sailed through the Judiciary Committee last spring in a unanimous vote? Last week, the focus was the International CES, where over 150,000 tech leaders visited over 3,100 innovators introducing some 20,000 new products, many of them connected to the Internet. The CES was an exhilarating display of innovation and convinced all who attended that these technologies are the future and the engine for our economy. From the keynote stage I called on an “army of geeks” to oppose this anti-innovation legislation. Rep. Darrell Issa (R-CA) and Sen. Ron Wyden (D-OR) contributed to the cause by hosting a joint press conference at CES to voice their opposition to the bills and offer an alternative (the OPEN Act ), which would still shut down foreign rogue web sites – but through an existing government agency, the International Trade Commission. By the weekend, House Majority Leader Eric Cantor said he would not bring the PIPA legislation to the House floor while the White House said it would not support the PIPA or SOPA legislation as drafted. Then, on Monday and Tuesday, members began breaking ranks and announced their opposition to PIPA and SOPA. Finally, yesterday our website along with thousands all over the U.S. went black and urged users to contact their members of Congress. They did. Politico reported that on Wikipedia more than 5.4 million people began the process of contacting their politicians, and Google said it received four million signatures on its petition. Anyone on Capitol Hill Wednesday in any Congressional office heard phones ringing off the hook. By the end of the day, Politico also reported that at least six of the original 40 Senate co-sponsors had removed their names from the SOPA bill and another 22 had agreed to changes. This for a bill that passed unanimously out of Committee! On the House side, scores of members tweeted, posted their opposition on Facebook or told calling constituents they would not support the SOPA bill. In over 30 years of fighting in the Washington trenches, I have never witnessed such a mass exodus of support for legislation happen so quickly. I have spent an entire career fighting on behalf of innovation and often against the copyright owners, and too often the copyright owners won based on lobbying power rather than what was best for the nation. But not this time. Despite overwhelming their opposition in lobbying dollars, the copyright industry lost the American public. What made the fight against SOPA and PIPA the issue that finally awoke the fire of the American people on both sides of the aisle? Three good reasons. First, Americans are fed up with Congress. The RealClearPolitics average shows more than 80 percent of Americans have an unfavorable opinion of Congress. Second, Americans are tired of moneyed interests controlling Congress. The American public saw a well-heeled industry attempt to force its selfish will no matter the consequences, and they revolted. If you have any doubt about that Hollywood thinks it can buy support read how it responded to the White House weekend announcement; headline says it all: ” Hollywood Moguls Stopping Obama Donations Because Of President’s Piracy Stand: ‘Not Give A Dime Anymore .’” Third, Americans feel that no one can control the Internet, least of all an entrenched business lobby, and they certainly don’t want Congress messing with it. Thus, members of Congress are abandoning the sinking ship of this legislation. But it’s not over. Senate Majority Leader Harry Reid has promised a Senate vote on SOPA next week. The content community will agree to an amendment on the technical Internet shutdown provisions and declare the bill fixed. But that is only one objection to the bills. They will still allow anyone to sue a fledgling website; it will still allow a private right of action against entrepreneurs; and it will still make it illegal to hyperlink to a website copyright owners don’t like. Yesterday the geeks won and took their revenge on an industry that has long had Congress take its money and do its bidding to expand copyright laws, terms and penalties. Although the copyright owners haven’t surrendered yet, they know that the will of people is against them — and now the will of Congress has followed. But it wasn’t just the geeks; all of America, left, right, red and blue, rose up and said, “Hands off our Internet!” This is a national victory. Gary Shapiro is president and CEO of the Consumer Electronics Association (CEA), the U.S. trade association representing more than 2,000 consumer electronics companies, and author of the New York Times bestselling book, ” The Comeback: How Innovation Will Restore the American Dream .”

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Major Phone Maker’s Profits Affected By Natural Disaster

January 19, 2012

STOCKHOLM (AP) — Mobile phone maker Sony Ericsson, which is soon to be wholly-owned by Sony Corp., on Thursday reported a fourth-quarter loss due to costs related to restructuring as well as lower sales amid the financial crisis. The London-headquartered group posted a loss of euro207 million ($265 million) in the quarter, compared with a profit of euro8 million in the same three months a year ago. Aside from weaker sales, which dropped 16 percent to euro1.29 billion, the LM Ericsson and Sony joint venture said margins were also squeezed severely by intense pricing competition on the smartphone market. The gross margin shrank to 24 percent from 30 percent, while operating costs soared to euro538 million from euro427 million. “Our fourth quarter results reflected intense competition, unfavorable macroeconomic conditions and the effects of a natural disaster in Thailand,” CEO Bert Nordberg said. The group, which shipped 9 million units in the quarter — 20 percent less than a year earlier — said it expects the global smartphone market for 2011 to have increased by 60 percent and estimates “strong growth” in that market in 2012. In 2001, Sony and Ericsson combined their unprofitable handset ventures in the Sony Ericsson joint venture. Although enjoying some early success with its Walkman and Cyber-shot phones, the company later suffered from the competitive climate in the smartphone market. In October, the two companies announced that Ericsson would sell its 50 percent stake to Sony for euro1.05 billion. The deal is expected to close in the first quarter. Despite the weaker earnings results for Sony Ericsson, shares in wireless network maker Ericsson rose 1.7 percent to 68.10 kronor ($9.88) in early Stockholm trading.

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Man Please Guilty In Huge Online Poker Scam

January 17, 2012

NEW YORK (AP) — A U.S. citizen credited with helping online poker companies move billions of dollars in illegal gambling proceeds overseas from U.S. customers pleaded guilty Tuesday to conspiracy charges. Ira Rubin, 53, entered the plea in U.S. District Court in Manhattan. Prosecutors say he made it appear that money processed by poker companies through U.S. banks was actually the proceeds of transactions on websites for golf stores, electronic companies or other businesses. Rubin admitted he created dozens of websites so that gambling proceeds could “be disguised as payments from nonexistent online merchants.” He said he carried out the fraud from 2006 until last March. Rubin was swept up last year in a federal prosecution that shut down the three largest Internet poker companies operating in the United States and resulted in charges against 11 individuals. He has been held without bail after he was arrested in Guatemala last April as he prepared to travel to Thailand. Authorities said he had lived in Costa Rica since 2008. He was facing charges that carried a potential sentence of more than 80 years in prison, but his guilty plea came with an agreement with prosecutors that the recommended sentence would be between 18 months and two years in prison. He pleaded guilty to conspiracy charges related to illegal gambling, bank fraud, wire fraud and money laundering. He admitted that he helped Pokerstars, Full Tilt Poker and Absolute Poker hide the true nature of their transactions. Sentencing was set for May 17. The plea came from a defendant who prosecutors had portrayed as a frequent offender, facing or having faced criminal charges in New York, Massachusetts, Missouri, Nevada, Florida and Virginia since the 1970s. They say he has yet to pay an $8 million Federal Trade Commission judgment against him because of a payment-processing business he operated from 2003 to 2006 that was tied to telemarketing fraud.

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A Look At New HDTV Products And Connected Devices From CES 2012

January 17, 2012

The Consumer Electronics Show is always a big deal for HDTVs and the devices that plug into them, and the 2012 edition was no different. With the majority of households already owning an HDTV, manufacturers are pressed to convince you to upgrade, and are pulling out all the stops. We’ve got new display technologies like OLED, 4K and Super Hi-Vision, plus more 3D and internet connected features than ever. DVRs and media streamers haven’t slowed down either, so while some services focused on eliminating the set-top box, those that remained either shrunk (Roku) or added features (Boxee, TiVo, Ceton — pictured above). The pace of the announcements made it nearly impossible to keep up with everything going on last week, so we’ve wrapped everything up in one neat summary available after the break.

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SOPA, PIPA Headed For Major Makeover

January 16, 2012

By Sarah McBride (Reuters) – U.S. legislation aimed at curbing online piracy, which had appeared to be on a fast track for approval by Congress, appears likely to be scaled back or jettisoned entirely in the wake of critical comments over the weekend from the White House, people familiar with the matter said. The legislation, known as SOPA in the House of Representatives and PIPA in the Senate, has been a major priority for entertainment companies, publishers, pharmaceutical firms and many industry groups, who say it is critical to curbing online piracy that costs them billions of dollars a year. The legislation is designed to shut down access to overseas websites that traffic in stolen content or counterfeit goods. Internet companies have furiously opposed the legislation and have ramped up their lobbying efforts in recent months, arguing the legislation would undermine innovation and free speech rights and compromise the functioning of the Internet. Some Internet advocates have called for a boycott of any companies that support the legislation, and several popular websites, including community-edited encyclopedia Wikipedia and the social media site Reddit, have vowed to black out their sites this Wednesday in protest. With public sentiment on the bill shifting in recent weeks and an implicit veto threat now emerging from the White House, Congressional staffers are resigning themselves to writing replacement language or possibly entirely new bills. The White House said in a blog post over the weekend that it wouldn’t support “legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.” Three key section of the existing legislation seem likely to remain, a person familiar with the matter says. They comprise provisions aimed at getting search engines to disable links to foreign infringing sites; provisions that cut off advertising services to those sites; and provisions that cut off payment processing. But critical provisions that would require Internet service providers such as Verizon Communications and Comcast Corp. to cut off infringing sites through a technology known as DNS blocking are now likely to be eliminated. Critics have said that such measures would only encourage people to navigate the web in riskier ways, with modified browsers or other tweaks that could lead to their Internet sessions getting hijacked by scammers. Lawmakers had already been coming around to the realization they would have to hold back on the DNS-blocking provisions. Before the holidays, an amended version of the House bill had added a “kill switch,” or provision that service providers wouldn’t have to block a site if it did “impair the security or integrity of the system.” On Thursday, Senator Patrick Leahy, who is sponsoring the Senate bill, said he planned to propose amending it so that the ramifications of blocking access to a site be studied before implementation. On Friday, Representative Lamar Smith, who is sponsoring the House bill, said he planned to remove altogether the provision that would require service providers to block access to infringing foreign websites. A Google official said in Congressional testimony in November that the company did not necessarily oppose disabling search engine links and cutting off advertising. But it is not clear if eliminating the DNS-blocking provisions alone will be enough to mollify critics. “Like many other tech companies, we believe that there are smart, targeted ways to shut down foreign rogue websites without asking U.S. companies to censor the Internet,” a Google spokeswoman told Reuters on Monday. In addition to concerns about the technical ramifications of DNS blocking and the practical issues associated with disabling services to individual websites, many in the Internet business fear the bills create far too much leeway to shut down websites without sufficient due process. But supporters of the legislation are just as adamant that something needs to be done. Over the weekend, News Corp. chief Rupert Murdoch, whose holdings include Fox, complained that the White House had caved. “So Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery,” News Corp’s chairman and chief executive officer posted on his personal Twitter account on Saturday.” The debate seems likely to intensify in the coming weeks. The White House said it would soon host a conference call among opponents of the existing bill. (Reporting by Sarah McBride in San Francisco; Additional reporting by Ilaina Jones; Editing by Jonathan Weber and Sandra Maler)

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Google Calls Murdoch’s Allegations ‘Nonsense’

January 16, 2012

“This is just nonsense,” wrote a Google spokeswoman. “Last year we took down 5 million infringing Web pages from our search results and invested more than $60 million in the fight against bad ads…We fight pirates and counterfeiters every day.”

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Judge Sides Against Apple In Smartphone Dispute

January 13, 2012

(Reuters) – Motorola Mobility Inc did not violate Apple’s patented technology in making its Droid, Cliq, BackFlip and other smartphones, a judge at the U.S. International Trade Commission said in a preliminary decision issued on Friday. The full ITC will issue a final decision in March. Apple had filed a complaint with the ITC in October of 2010, accusing Motorola Mobility of infringing three Apple patents to make its smartphones. Two of the patents have to do with how the devices accept manual input when users type or handwrite on them while the third relates to ways for consumers to add applications without jumping through hoops like rebooting the smartphone. The complaint, like many patent battles focusing on smartphones, is part of a larger fight between Apple and Google Inc’s fast-growing Android operating system, which Motorola uses. The ITC is a popular venue for patent disputes because it can order devices made with infringing technology barred from importation. Google has reached an agreement to buy Motorola Mobility, and is seeking the antitrust approval needed to close the sale. (Reporting By Diane Bartz; Editing by Tim Dobbyn)

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Tech Leader Joins Google Board

January 12, 2012

By Alexei Oreskovic SAN FRANCISCO (Reuters) – Google Inc appointed Diane Greene, a co-founder of technology company VMware Inc, to its board of directors on Thursday. Greene, 56, will also serve on Google board’s audit committee, the company said. Greene will become the 10th member of Google’s board, filling a spot left vacant when former Genentech CEO Arthur Levinson resigned in 2009. Levinson, who is also a director at Apple Inc, resigned after federal regulators began looking into the “interlocking directorates” between the two companies. Greene, who co-founded VMware in 1998, served as the company’s CEO from 1998 to 2008. She also is a member of Intuit’s board of directors. Shares of Google, the world’s No.1 Internet search engine, were off 52 cents at $629.12 in after hours trading on Thursday after closing the regular session up $3.68. (Reporting By Alexei Oreskovic; Editing by Bernard Orr)

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Mini Apple Stores Coming To Target

January 12, 2012

NEW YORK — Target says it will team up with owners of specialty shops to create affordable, limited edition merchandise for sale online and at its stores in a bid to attract more customers and distinguish itself from rivals. Target Corp. said Thursday it will start featuring products from five shops starting May 6. The shops will be open for six weeks and then be replaced with another slew of shops in the fall. The initial group includes The Candy Store in San Francisco, The Privet House home accessories shop in Connecticut; The Webster House, a clothing store in Miami; Polka Dog Bakery in Boston; and The Cos Bar, a cosmetic shop in Aspen. The items will be sold both at Target stores and online. With prices ranging from $1 for a nail file to a $159.99 online only ottoman for the home, the five collections total nearly 400 products. “This puts Target at the frontier of what’s next in retail,” said Brian Robinson, director of fashion and design partnership at Target. Separately, Target says will testing creating mini-Apple shops in 25 Target stores. It provided no details. Target pioneered the concept of offering designer merchandise at affordable prices starting with its Michael Graves launch of home accessories in 1999. It says rivals have copied its cheap chic mantra. Target shares rose 17 cents to $49.20 in morning trading Thursday. Its shares have traded in a 52-week range between $45.28 and $56.44.

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Where Gadgets Go To Die: E-Waste Recycler Opens New Plant In Las Vegas

January 11, 2012

LAS VEGAS — Inside the mad hum of the convention center, an overwhelming array of gadgetry confronts attendees at the Consumer Electronics Show, a showcase for much that is new in the technology world. The products seem impervious to the workings of time, as if the latest smartphones and tablet computers — so shiny and sleek — are permanently tethered to the future. Yet 10 miles to the west, on a patch of reddish desert beyond the high-rise casinos of the Las Vegas Strip, a building the size of an airplane hangar serves as the final resting place for old electronics. This is where gadgets go when they are wanted no more. Typically, they are refurbished and sold anew. Sometimes, they are stripped down to their basic elements and recycled into plastic, steel and precious metals. The new $20 million plant, which officially cut the ribbon here Wednesday afternoon, is the second such facility opened by U.S. Micro Corp., a business whose very existence illustrates the extent to which the world is increasingly contending with a surplus of unwanted electronics. Even products that seem intrinsically part of the modern age eventually become waste, presenting a growing threat to the environment and the sanctity of the data stored on electronics of every type. Back in 1995, when the company’s chief executive and founder, Jim Kegley, opened the first plant in Atlanta, recycling old electronics was at best a niche business. Cell phones were still in their infancy, and a long way from the current fashion of trading up for a slicker model every two years. Popular computers remained on sale for three years and longer, eons by contemporary standards. But last year, U.S. Micro — a privately held company — estimated that it processed about 1 million technology products, relying solely on the Atlanta plant. With the new facility here, the company foresees processing 1.5 million products this year. The company harvests old devices owned by major American companies across the industrial landscape and disposes of them, refurbishing and reselling about 90 percent of them, while recycling the rest. “Typically, we find that our customers don’t have a good outlet for their old equipment, and they are worried about their data, so they stockpile,” Kegley told The Huffington Post during a visit this week. “We like to say, ‘Storage is not a solution.’” The growth of the electronics recycling industry sits at the confluence of two intensifying concerns — the vulnerability of companies whose data is stored on myriad electronic devices, and awareness that huge volumes of old gadgets are landing in troubling places. Many take up space in landfills. The Environmental Protection Agency has estimated that 70 percent of heavy metals landing in municipal waste disposal sites are the result of electronics being discarded . And many are shipped to China and other developing countries , where poor people laboriously harvest their innards using crude and dangerous methods, often polluting waterways and sickening communities. The marketing pitch from U.S. Micro is predominantly focused on the threat posed by unwanted data lying around in discarded machines — credit card and Social Security numbers left in the hard drives on computers of major banks; legal documents cached in the memories of copy and fax machines operated by publicly traded corporations; stray thumb drives and memory cards forgotten in old computer bags. “Today, we see data everywhere,” said Kegley. “People just don’t know what to do with this stuff.” But the plant here is also aimed at preventing so-called e-waste from sullying landfills in suburban American landfills or rivers in southern China, where whole towns are now engaged in the gritty work of melting down old circuit boards to extract copper and other precious metals. The 10 percent of the electronic equipment that technicians deem unfit for refurbishing is fed into a series of conveyor belts and then into the guts of machines that break them into pieces. A large magnetized chamber separates the metals from the plastic, depositing each into industrial-size cardboard boxes to be trucked off to plants that can absorb them.The precious metals are sent to a plant in Europe that separates them into their base elements, Kegley said, while the plastics and steel are sold to domestic users, including the auto industry. The company touts its ability to fully process all of the equipment it removes from its customers’ premises as insurance against having any of it landing in the wrong hands. Many e-waste recyclers promise to responsibly dispose of old gadgets, only to sell them off to middlemen merchants who export to low-grade operations in China, India and other developing nations, according to environmental watchdogs. Advocates assert that e-waste recyclers must gain accreditation from bodies that audit their operations to verify their compliance with proper practices — a step that U.S. Micro says it is now pursuing. “There really aren’t any legal standards for e-waste recycling,” said Sheila Davis, executive director of the Silicon Valley Toxics Coalition, a San Francisco area non-profit watchdog group. “If you don’t have any certification, and you’re not audited, then we really don’t know what you’re doing with the material.” A Seattle-based non-profit, the Basel Action Network, oversees one such certification regimen, the so-called e-Stewards program, publishing a list of approved e-waste recyclers located in many communities . Here in Las Vegas, U.S. Micro said it is pursuing accreditation from a competing regimen, the R2 standard , which includes participation from the EPA. The company said none of the equipment it handles winds up in a landfill or overseas, something it can guarantee by maintaining full control over the process. On a walk through the concrete hangar earlier this week, the the volume of goods pouring in was unmistakable. Several dozen boxloads of gear sat stacked on wooden pallets in the loading dock, a trove trucked in from Phoenix and the Seattle area. Here were boxes of Dell computer monitors, Cisco routers, a Hewlett-Packard laser jet printer, and a Canon copy machine. A Fujitsu scanner was tagged with a yellow sticky note bearing black magic marker: DO NOT MOVE JESSICA’S SCANNER. Not that many years ago, Jessica’s scanner had presumably sat inside a shrink-wrapped box, waiting to unleash new possibilities. Now, it was something else — a modern form of detritus.

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Groupon Forges Giant New Partnership

January 10, 2012

FRANKFURT (Reuters) – Germany’s Deutsche Telekom and Groupon, the world’s largest daily deals company, will cooperate in mobile internet businesses, German business daily Financial Times Deutschland reported, citing company executives at both groups. “We will start some services and activities with Groupon in the coming months,” Heikki Makijarvi, responsible for developing new businesses at Deutsche Telekom, was quoted as saying on Tuesday. Deutsche Telekom aims to generate revenues of 2-3 billion euros ($2.6-3.8 billion) in the field of online services with private customers in 2015, the newspaper reported. “For us, it’s an important step. It is the first time we are entering a cooperation with a wireless service provider,” said Michael Shim, responsible for mobile marketing and partnerships at Groupon. ($1 = 0.7851 euros) (Reporting by Christoph Steitz; Editing by Helen Massy-Beresford)

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Intel Readies Biggest Ad Blitz In Nearly A Decade

January 10, 2012

LAS VEGAS — Intel Corp. says it is betting big on its “ultrabook” concept with its largest advertising campaign since 2003. The campaign to push the new thinner and lighter notebook computers will start in April, says Kevin Sellers, Intel’s head of advertising. Sellers didn’t say how much Intel Corp. would spend on the ads and other initiatives. He spoke to the press on Monday, ahead of the opening of the International Consumer Electronics Show in Las Vegas. Intel hasn’t planned a launch this big since the company introduced Centrino chips for Wi-fi-capable laptops eight years ago. Though it chiefly makes processors, Intel often prods PC makers to build their products in certain ways. The “ultrabooks” are similar to Apple’s MacBook Air, which launched three years ago. PC makers have responded well to the ultrabook idea, and Intel says there are 75 models on the way. The Consumer Electronics Association expects 30 to 50 ultrabook models to be on display at CES. More news is expected out of Intel on Tuesday, when CEO Paul Otellini speaks at the show. Intel watchers expect that the news will have something to do with the company’s long-standing ambition to get its chips into smartphones.

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Larry Magid: 5 Hot Trends at CES 2012

January 8, 2012

I’ve just arrived in Las Vegas for the Consumer Electronics Show to hang out with 140,000 of my closest friends. This show — the mother of all tech trade shows — is where people find out what many companies plan to release at some point during 2012. Not all products shown at CES will make it to market and many of the ones that do will be flops. But there have also been some successful products and product categories launched at CES including the VCR in 1970, the Commodore 64 personal computer in 1982, the Nintendo Entertainment System in 1985, HDTV in 1998, Tivo in 1999, Blu-Ray in 2003 and that wildly successful (not) Palm Pre in 2009. CES is also where many people first saw 3D TVs in 2009 and a parade of tablets in 2011. Check out this chart at Sortable. So here are a few things we can we expect at CES 2012. 3D TVs without glasses . We saw that in 2011 but we’ll see more of them and larger ones in 2012. We’ll also see lots of 3D TVs that use inexpensive passive glasses instead of the $300 a pair active ones that were common just a couple of years ago. These new developments are a good sign, but I’m still not convinced that people will want to spend more on 3D TV. As CES chief Gary Shapiro said in a podcast interview posted at CNET, 3D is a feature, not a new category of TV. Ultrabooks : Apple has done very well with its thin and lightweight MacBook Air but the so-called Windows “netbooks,” never did catch on big time. That’s because they were under-powered and often had skimpy keyboards. Ultrabooks are thin and light but they’re not cheap and they don’t skimp on power. Expect Lenovo, Dell, HP and others to feature them at CES and expect Ultrabooks to be the hot category of PCs in the coming year. OLED and Connected TVs : OLED stands for Organic Light Emitting Diode and unlike other technologies, there is no need for a backlight so it’s more energy efficient. It also allows for thinner TVs and for richer colors, better contrast and resolution. LG has already blogged that it will be showing the “world’s largest OLED,” a 55-inch model. It should come as no surprise that the hottest thing on TV has nothing to do with an antenna or even a cable or satellite connection but the ability to bring in streaming video from the likes of Netflix, Hulu, Amazon and others. As with previous years, there will be plenty of TVs with built-in Internet connectivity. I wouldn’t be surprised if it emerges as an almost standard feature. Connected Cars : There will be keynote speeches from the CEOs of both Ford and Mercedes and plenty of connectivity solutions for cars. There will also be mobile apps to control cars, such as Ford’s MyFord Mobile App to help owners of its electric cars find charging stations. iStuff : As usual Apple won’t be at CES but there will be plenty of vendors with apps, cases and accessories for the iPhone and iPad. There will even be an “iLounge,” with 300 exhibitors who are focused on supporting Apple products. This post is adapted from one that appeared on Forbes.com and LarrysWorld.com

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Tweeting On Empty: The Problem With Twitter

January 7, 2012

I recently helped a friend sign up for Twitter, coaching him on the site’s features and how to populate his feed. He is a voracious reader, never leaves home without an Apple device and has an insatiable appetite for news and commentary. In short, he had all the makings of an up-and-coming Twitter addict — or so I thought. He didn’t stick with Twitter, and after scrutinizing his timeline of incoming tweets, I can understand why. It looked nothing like my own Twitter feed, which offers a satisfying mix of commentary, personal updates, photos, news and quality recommendations from an assortment of accounts I’ve spent years curating and tweak almost daily. His Twitter timeline was dominated by generic blathering from various news accounts and institutions. My friend could have groomed his assortment of accounts, but why would he have? Like many others, he was open to trying Twitter, but not especially determined to stay on it, and his initial experience failed to deliver information he couldn’t have found elsewhere in a more efficient way. The time he’d invested in it hadn’t sold him on the service, and he wasn’t keen on investing more. One of Twitter’s greatest strengths is its ability to be anything for anyone. For some users, it’s a way of communicating within small groups of friends. For others, it’s a news site or a source of celebrity gossip or a way to participate in a political movement. What Twitter amounts to — tool, tabloid, messaging service or news feed — depends entirely on whom you follow. Yet the site’s fill-in-the-blank nature also poses problems for some. Twitter greets newcomers with a blank slate that they’re forced to fill out on their own. Being a Twitter newbie is like arriving for dinner at a restaurant that’s received rave reviews — only instead of being offered a menu, diners must make a dish themselves and select all the ingredients, down to the spices and herbs. The experience might be a pleasant one, but it takes work. This initial emptiness, and the effort required to address it, stands between Twitter and the mainstream success it needs to make money. The six-year-old, San Francisco-based company has swallowed more than $800 million in funding and has been valued at $8.4 billion , more than Delta Air Lines or the New York Times. Yet the company is still struggling to prove it has a business model that fits. Its current approach, to sell advertising on its site, will be sustainable only if Twitter can continue to expand its reach and grow far beyond the geek elite. Twitter has more than 100 million active accounts worldwide — an impressive number but one that pales in comparison to Facebook’s over 800 million users. As part of its efforts to attract more diverse users, Twitter has revamped its site to make its hashtag-laden, symbol-spotted lingo more intuitive. Next, it must help users find people to follow. Twitter knows full well it will lose users unless it can deliver a chatty, engaging timeline, without requiring Twitterers to expend too many clicks. “For people to immediately have a compelling, valuable experience on Twitter, one of the most important things we can do is help them build a timeline and find interesting, relevant accounts to follow when they first sign up,” Twitter spokeswoman Carolyn Penner told The Huffington Post in an email. For Twitter users to see the thriving “information network” the site claims to provide , they must do the legwork. They must research people to follow, spend time curating their feed, watch their timelines evolve and experiment with new accounts. But no doubt many people lack the patience to do so. Having to pick through possible accounts can be a chore, and an unlikely one to be taken on by someone not even convinced he wants to stay with the service. Twitter has already made numerous efforts to help users populate their feeds. Individuals can sync their email accounts to find friends on Twitter, and the service offers customized suggestions about “who to follow.” Twitter’s redesigned registration process, introduced last fall, holds users’ hands and nudges them to add accounts to their feed. After claiming a Twitter handle, new users are now shown a curated list of other users, with the recommendation to start off by picking five to follow. This follower-focused signup process is a start but not necessarily effective. I recently created a new Twitter account to give the revamped registration process a go. After dutifully following Twitter’s instructions, I was delivered my first page of tweets, all from one hyperactive tweeter. This would have been a total turnoff to a Twitter newbie. Pressure is mounting. People are losing patience with social media sites and, as the number of social networking sites grows, individuals will be less tolerant of services not delivering instant gratification, warned Shama Kabani, author of “The Zen of Social Media Marketing.” “One of the issues Twitter has to face in 2012 and beyond is social networking fatigue,” Kabani said. “Because there are so many sites, if someone struggles to get into Twitter, their threshold for giving it a shot will be much smaller now than it might have been. Before, they might have given it a few months. Now, if you’re not offering what people want, they can go next door.” What has attracted you to — or turned you off from — from Twitter? Weigh in below.

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PayPal Testing Out New In-Store Payment System

January 7, 2012

By Alistair Barr (Reuters) – EBay Inc’s PayPal unit is testing in-store payments with Home Depot, one of the largest retailers in the United States, as the online payments provider moves to expand into the physical world of brick and mortar. A pilot program for PayPal’s new point-of-sale, or POS, technologies is being run in five Home Depot stores and involves a “small number” of PayPal employees, PayPal spokesman Anuj Nayar said. PayPal is a dominant player in online payments, with over 100 million users. But the business is trying to expand into offline payments, a much larger market. The move pits the eBay unit against payments giants, including Visa Inc, MasterCard Inc and American Express Co. In September, PayPal pitched its new in-store payments system to about 120 retailers, including Sports Authority, at an event in Los Angeles. EBay Chief Executive John Donahoe spoke about the initiative several times last year, but the company had not disclosed which retailers agreed to test it first. While the Home Depot trial is small, Wall Street analysts are excited about the potential. “We believe a full Home Depot roll out would increase PayPal’s addressable market by more than 35 percent overnight,” Gil Luria, an analyst at Wedbush, wrote in a note to investors on Friday. “Although penetration would start at zero, we believe that by adding value to consumers and merchants, PayPal may eventually approach penetration rates comparable to its online presence.” (Reporting by Alistair Barr; editing by Carol Bishopric and Andre Grenon)

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Fired Over Email: Tips On How To Deal

January 5, 2012

By Eileen Gunn (Reuters) – When Lauren Bossers, who lives in Pittsburgh, worked for a supply chain management software company in Dallas, she dealt with work and staff in the main office virtually, by phone and email. When she was laid off after her company was acquired in January 2010, well, that happened by phone, too. With increasing numbers of people working outside of the office, when it comes to pink-slip time, companies often relay their message the most convenient way they can if their employees aren’t physically present – by phone or video chat. The Telework Research Network estimates that 20 to 30 million people work from home at least once a week, while another 15 to 20 million work remotely while on the road. Bossers said receiving the bad news remotely had an upside. She was able to absorb it and react to it in the privacy of her home, rather than in an office full of coworkers. But, on the flip side, if a person telecommutes part-time, an office cubicle may require clearing out, and if they work from home full-time, there may be computers and work material that need returning to the business. Sara Fell, a former human resources officer and founder of the website http://Flexwork.com (which helps clients find flexible work situations) has the following tips for those dealing with a virtual layoff: GET YOUR EXIT TERMS IN WRITING Those who are laid off in person are typically handed a packet that lays out the terms of their layoff and provides supporting information, such as what their options are regarding a company retirement plan. If you’re laid off by phone, make sure such a package is forthcoming. A follow-up email will help, meanwhile, spell out issues such as your official end date and how leftover vacation days will be handled. It should address details such as what your access will be to an in-office computer and cubicle, or how you’ll return work-related materials you have at home. If anything needs to be shipped, the company should send a postage-paid mailer so you aren’t footing the bill for this, Fell says. Since some questions may not crop up until you’ve had a chance to absorb the news, ask that the email includes contact information for someone with whom you can liaise about additional issues over the next several weeks. BID YOUR ADIEUS As inclined as you may feel to hide out at home, Fell advises taking the high road and “showing that you can be proactive in the face of adversity.” Put on your game face and head back into the office one last time. Collect your stuff, say your goodbyes, let people know how to reach you and make a token offer to help with any projects that need to be wrapped up. This presents you in the best professional light, Fell says, and could help you with job-hunting or consulting opportunities down the road. As visiting the office wasn’t an option for Bossers, she spent the days following her layoff “burning up the phone lines” with calls to her former colleagues. It was time consuming to do so, and she was weary of repeating her story ad nauseum. But, she says, “I’d built up great relationships over the 10 years I was affiliated with the company. I wanted some opportunity to say good bye.” MIND YOUR MANNERS While Bossers’ manager had given her one day’s advance notice of her layoff, the news was still “shocking,” and her contributions to the phone conversation with the HR officer who rang her comprised mainly of yeses and nos. “I wasn’t rude, but I didn’t think it was my job to make them feel better,” she said. This reaction isn’t unusual, but Fells cautions against being curt or even hostile on the phone. “You should try to take the high road here and not burn bridges,” she says. If you’re afraid of what you might blurt out, then, like Bossers, just don’t say much at all. SOME EXITS COULD BE ROUGH Jeff Langr was working remotely as a software developer when he received an email last January, which said that his employer, a company in Des Moines, had been acquired. He was blind copied on another email soon after, asking him to join a Skype teleconference, where he and several co-workers were laid off. This call, he says, “was short and to the point; not more than five minutes, and not at all a forum for asking questions or responding.” The company was “impersonal to the point of being cowardly,” he says, and he blurted out an expletive before hanging up. While that was an extreme situation, Fell says remote layoffs are new for many companies. and that the “process might be a little rougher than more traditional layoffs.” Still, she advised, “Try to emphasize professionalism. Appeal to your manager or the HR representative as a person and remember that they’re people too.” And don’t hesitate to ask for what you think you need, whether it’s an escort around the office to say goodbye or a recommendation on LinkedIn. After all, Fell says, “There really is no harm in asking.” — The author is a Reuters contributor. The opinions expressed are her own. (Editing by Bernadette Baum and Beth Pinsker Gladstone)

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Apple To Pay $5 Million In Patent Infringement Case

January 5, 2012

TAIPEI (Reuters) – Elan Microelectronics Corp, a Taiwanese touch design company, said on Thursday that Apple Inc will pay $5 million as part of a settlement in a patent infringement case. The statement said the two companies would also exchange authorizations to use each other’s patents. In 2009, Elan sued Apple in the United States over two patent infringements and the California-based giant counter-sued later the same year. The U.S. International Trade Commission (ITC) ruled in favour of Apple in June last year, saying Apple had not violated U.S. trade law. Apple is involved in a number of patent disputes following the massive popularity of the company’s flagship products the iPhone, iPad and MacBook among consumers. Apple is also embroiled in acrimonious lawsuits over Google Inc’s Android players as the two camps battle for market share. Lawsuits, especially patent disputes, are common in the technology sector as makers seek to protect their newest technologies from being commoditized and exploited by rivals. But most are settled out of court as big companies prefer to avoid long fights and patented technology can be out of date by the time a case is over. (Reporting by Clare Jim; Editing by Chris Lewis)

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Steve Blank: Why the Movie Industry Can’t Innovate and the Result Is SOPA

January 4, 2012

This year the movie industry made $30 billion (1/3 in the U.S. ) from box-office revenue. But the total movie industry revenue was $87 billion . Where did the other $57 billion come from? From sources that the studios at one time claimed would put them out of business: pay-per view TV, cable and satellite channels, video rentals, DVD sales, online subscriptions and digital downloads. The Movie Industry and Technology Progress The music and movie business has been consistently wrong in its claims that new platforms and channels would be the end of its businesses. In each case, the new technology produced a new market far larger than the impact it had on the existing market. 1920′s – the record business complained about radio. The argument was because radio is free, you can’t compete with free. No one was ever going to buy music again. 1940′s – movie studios had to divest their distribution channel – they owned over 50% of the movie theaters in the U.S. “It’s all over,” complained the studios. In fact, the number of screens went from 17,000 in 1948 to 38,000 today. 1950′s – broadcast television was free; the threat was cable television. Studios argued that their free TV content couldn’t compete with paid. 1970′s – Video Cassette Recorders (VCR’s) were going to be the end of the movie business. The movie businesses and its lobbying arm MPAA fought it with “end of the world” hyperbola. The reality? After the VCR was introduced, studio revenues took off like a rocket. With a new channel of distribution, home movie rentals surpassed movie theater tickets. 1998 – the MPAA got congress to pass the Digital Millennium Copyright Act ( DCMA), making it illegal for you to make a digital copy of a DVD that you actually purchased. 2000 – Digital Video Recorders (DVR) like TiVo allowing consumer to skip commercials was going to be the end of the TV business. DVR’s reignite interest in TV. 2006 – broadcasters sued Cablevision (and lost) to prevent the launch of a cloud-based DVR to its customers. Today it’s the Internet that’s going to put the studios out of business. Sound familiar? Why was the movie industry consistently wrong? And why do they continue to fight new technology? Technology Innovation The movie industry was born with a single technical standard — 35mm film, and for decades had a single way to distribute its content — movie theaters ( which until 1948 the studios owned ). It was 75 years until studios had to deal with technology changing their platform and distribution channel. And when it happened (cable, VCR’s, DVD’s, DVR’s, the Internet), it was a relentless onslaught. The studios responded by trying to shut down the new technology and/or distribution channels through legislation and the courts. Regulation/Legislation But why does the movie business think their solution is in Washington and legislation? History and success. In the 1920′s individual states were beginning to censor movies and the federal government was threatening to do so as well. The studios set up their own self-censorship and rating system keeping most sex and politics off the screen for 40 years. Never again wanting to be at the losing side of a political battle they created the movie industry’s lobbying arm, MPAA . By the 1960′s, the MPPA achieved regulatory capture (where an industry co-opts the very people who are regulating it) when they hired Jack Valenti , who ran the studios’ lobbying efforts for the next 38 years. Ironically, it was Valenti’s skill in hobbling competitive innovation that negated any need for studios to develop agility, vision and technology leadership. Management of Innovation The introduction of new technology is always disruptive to existing markets , particularly to content/copyright owners whose sell through well-established distribution channels. The incumbents tend to have short-sighted goals and often fail to recognize that more money can be made on new platforms and distribution channels. In an industry facing constant technology shifts the exec staff and boards of the studios have lawyers, MBAs and financial managers, but no management skill in dealing with disruption. So they rely on lobbying ( $110 million a year), lawsuits, campaign contributions (wonder why the President won’t be vetoing SOPA? ) and Public Relations. Ironically, the six major movie studios have a great technology lab in Silicon Valley with projects in streaming rights , Video On Demand, Ultraviolet , etc. But lacking the support from the studio CEOs or boards, the lab languishes in the backwaters of the studios’ strategy. Instead of leading with new technology, the studios lead with litigation, legislation and lobbying. (Imagine if the $110 million/year spent on lobbying went to disruptive innovation .) Piracy One of the claims that studios make is that they need legislation to stop piracy. The fact is piracy is rampant in all forms of commerce. Video games and software have been targets since their inception. Grocery and retail stores euphemistically call it shrinkage. Credit card companies call it fraud. But none use regulation as often as the movie studios to solve a business problem. And none are so willing to do collateral damage to other innovative industries (VCRs, DVRs, cloud storage and now the Internet itself.) The studios don’t even pretend that this legislation benefits consumers. It’s all about protecting short-term profit. SOPA When lawyers, MBAs and financial managers run your industry and your lobbyists are ex-Senators , understanding technology and innovation is not one of your core capabilities. The SOPA bill (and DNS blocking ) is what happens when someone with the title of anti-piracy or copyright lawyer has greater clout than your head of new technology. SOPA gives corporations unprecedented power to censor almost any site on the Internet. History has shown that time and market forces provide equilibrium in balancing interests, whether the new technology is a video recorder, a personal computer, an MP3 player or now the Net. It’s prudent for courts and congress to e xercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude . What the music and movie industry should be doing in Washington is promoting legislation to adapt copyright law to new technology– and then leading the transition to the new platforms. The U.S. State Department has been championing the Internet Freedom initiative across the world. Secretary of State Clinton said, “…when ideas are blocked, information deleted, conversations stifled, and people constrained in their choices, the Internet is diminished for all of us.” It’s too bad the head of the MPAA — an ex-senator — made a mockery of her words when he wondered ” why our online censorship can’t be like China ?” We wonder, “Why can’t the film industry innovate like Silicon Valley?” Lessons Learned Studios are run by financial managers who have no corporate DNA to exploit disruptive innovation Studio anti-piracy/copyright lawyers trump their technologists Studios have no concern about collateral damage as long as it optimizes their revenue Studios110M/year lobbying and political donations trump consumer objections Politicians votes will follow the money unless it will cost them an election Steve Blank’s blog: www.steveblank.com

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Apple’s Design Chief Receives Major Honor

December 31, 2011

iPhone. iPad. iKnight. Jonathan Ive, Apple’s head of design, has been honored with a knighthood in the United Kingdom. Per BBC News , Ive, a native of Chingford, was awarded with the title Knight Commander of the British Empire (KBE). The design guru worked closely with the late Steve Jobs and played a key role in the creation of such iconic Apple products as the iMac, the iPod, the iPhone and the iPad. As the San Jose Mercury News reports, Ive released a statement responding to the knighthood announcement: “I am keenly aware that I benefit from a wonderful tradition in the UK of designing and making,” Ive, 44, said in a statement. “To be recognized with this honour is absolutely thrilling and I am both humbled and sincerely grateful. I discovered at an early age that all I’ve ever wanted to do is design. I feel enormously fortunate that I continue to be able to design and make products with a truly remarkable group of people here at Apple.” Earlier this year, the Associated Press reported on Ive’s background : Ive started out far from Apple Inc.’s Cupertino headquarters. He grew up outside London and studied design at Newcastle Polytechnic (now Northumbria University) in Newcastle, England. After finishing school, he co-founded a London-based design company called Tangerine. There, he designed a range of products including combs and power tools. It was through Tangerine that he first got to work with Apple. In 1992, while Jobs was still in the midst of a 12-year exile from Apple, the company’s design chief at the time, Robert Brunner, hired Ive as a senior designer. Thomas Meyerhoffer, who worked under Ive at Apple in the `90s, believes Ive came because he understood Apple was different from other computer companies. Bloomberg Businessweek , profiling Ive in 2006, explained that he became head of Apple’s design team in 1996 . Upon Steve Jobs’ 1997 return to Apple, the late CEO recognized Ive’s incredible talents. Jobs, quoted by biographer Walter Isaacson , explained that he set up a structure at Apple in which “There’s no one who can tell him [Ive] what to do.” As AppleInsider reports, Jobs viewed Ive as his “spiritual partner” at Apple . Ive’s designs can be found on the desks and in the pockets of millions of people. In addition, the Museum of Modern Art in New York houses six classic products designed by Ive: the G4 Cube Computer, the G4 Cube Speakers, the Harman Kardon iSub, the iBook, the iMac G4 Desktop and the original iPod. His massive impact on the design of technology was recognized by FORTUNE magazine in 2010 when the publication named Ive the Smartest Designer in Tech .

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10 Most Embarrassing Quotes From The Letter That Led To A Huge CEO’s Resignation

December 30, 2011

For Mark Hurd , the former CEO of Hewlett-Packard, life surely just got a lot more embarrassing. The Supreme Court of Delaware ruled Wednesday that a letter from celebrity attorney Gloria Allred detailing Hurd’s alleged sexual advances towards her client, Jodie Fisher, a former HP contract employee, could be made public. The letter spawned an internal investigation at HP last year, ultimately leading to Hurd’s resignation in August 2010. The letter alleges that Hurd made a number of unwanted sexual advances towards Fisher. In addition, it features some bizarre anecdotes including an incident where Hurd allegedly took Fisher to an ATM and attempted to impress her by showing his $1 million balance. He also allegedly told Fisher that the singer Sheryl Crow was crazy about him. Hurd, now the CEO of Oracle, had tried to keep the letter private, saying that he was protected by California privacy laws. But the court ultimately found that though the letter contained “mildly embarrassing” information , it isn’t protected in the same way as financial information or trade secrets. The internal investigation that the letter sparked didn’t find evidence of sexual harassment, but it did uncover inaccurate expense reports , according to Reuters. The question of whether the letter should be released has been the subject of much controversy, particularly because Alldred’s client, Jodie Fisher, has said some of it is untrue. The week that he resigned, Hurd settled with Fisher , according to Bloomberg. Here are some of the most embarrassing alleged moments from the letter:

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New Facebook For The 99 Percent

December 29, 2011

“I don’t want to say we’re making our own Facebook. But, we’re making our own Facebook,” said Ed Knutson, a web and mobile app developer who joined a team of activist-geeks redesigning social networking for the era of global protest.

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China To Limit Exports Of Materials Essential To Smartphone Makers

December 28, 2011

BEIJING — China announced a cut Tuesday in its rare earths export quota as it tries to shore up sagging prices for the exotic metals used in mobile phones and other high-tech goods. China accounts for 97 percent of rare earth output and its 2009 decision to curb exports while it builds up an industry to create products made with them alarmed foreign companies that depend on Chinese supplies. In its latest quota, the Commerce Ministry said exporters will be allowed to sell 10,546 tons of rare earths in the first half of 2012. That is a 27 percent reduction from the quota for the first half of 2011. China’s export restrictions have strained relations with the United States the European Union, Japan and other governments that have called on Beijing to remove its curbs and make its intentions clear. Despite production and expor curbs, rare earths prices in China have tumbled as U.S. and European economic woes dent demand for its exports. The government ordered its biggest producer to suspend output for a month in October to shore up prices. But the restrictions have made rare earths much mor expensive abroad, giving Chinese makers of products that use them a price advantage and foreign manufacturers an incentive to shift operations to China. In a sign of unusually weak demand, the Commerce Ministry said actual Chinese exports of rare earths in 2011 totaled 14,750 tons for the first 11 months of 2011 – the equivalent of just 49 percent of the total annual quota. In another possible move to tighten control over exports, the ministry’s announcement Tuesday said only 11 companies will be allowed to sell abroad. That is down from 26 companies given licences for the first half of 2011. Rare earths are 17 elements including cerium, dysprosium and lanthanum that are used in manufacturing flat-screen TVs, batteries for electric cars and wind turbines. They also used in some high-tech weapons. The United States, Canada and Australia also have rare earths but stopped mining them in the 1990s as lower-cost Chinese ores flooded the market. Surging demand has prompted ccompanies in Canada, California, India, Malaysia, Russia and other other countries to develop rare earths mines, some of which are expected to start producing by 2015. Prices in China have fallen sharply since August, declining by 45 percent for neodymium oxide, by 33 percent for terbium oxide and by 31 percent for lanthanum oxide, according to Lynas Corp., an Australian rare earths producer. Its figures showed an equally striking gap between prices in China and abroad, with lanthanum oxide costing triple the Chinese level on global markets, neodymium more than twice as much and terbium oxide near twice as much.

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Groupon Makes Stealthy Acquisition

December 28, 2011

Groupon has continued its (talent) acquisition spree with the recent purchase of a hot Silicon Valley startup before they even launched — and with extremely little fanfare.

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Wikipedia Makes Bold Move Over ‘Net Censorship Bill

December 26, 2011

Wikipedia founder Jimmy Wales announced that Wikipedia and Wikia would be moving its domains off of GoDaddy, an Internet domain registrar, to protest GoDaddy’s support for the proposed Stop Online Piracy Act, a controversial anti-piracy bill under consideration by Congress. “I am proud to announce that the Wikipedia domain names will move away from GoDaddy. Their position on #sopa is unacceptable to us,” Wales wrote in a tweet . He later added , “Wikia is also moving several hundred domains from godaddy. Which registrar has quality and price right?” GoDaddy has been hemorrhaging domains in a backlash against the company’s endorsement of SOPA. Though GoDaddy said in a blog published December 20 that it was withdrawing its support for SOPA, GoDaddy CEO Warren Adelman acknowledged in an interview with TechCrunch that the company had not yet officially registered with Congress its plans to switch sides. According to VentureBeat , GoDaddy has lost more than 37,000 domains in total. Other companies that have joined in the exodus include the Cheezburger Network, which runs popular sites such as FAIL Blog, Failbook and I Can Has Cheezburger. Cheezburger Network CEO Ben Huh tweeted, “Not happy with @godaddy. Emailed CEO, asking for clear, unequivocal dropping of SOPA support. Still planning on moving off.” Commenters on Reddit have also called for a GoDaddy boycott and one Reddit user suggested December 29 should be “move your domain away from GoDaddy day.” The Next Web writes that GoDaddy has been “calling customers, begging them to stay,” noting that one customer shared an anecdote about a conversation with a GoDaddy representative in which the company’s rep attempted to clarify GoDaddy’s stance on SOPA. Wales previously contemplated protesting SOPA with a Wikipedia black out that would have seen many or all English-language Wikipedia pages taken offline. “A few months ago, the Italian Wikipedia community made a decision to blank all of Italian Wikipedia for a short period in order to protest a law which would infringe on their editorial independence. The Italian Parliament backed down immediately. As Wikipedians may or may not be aware, a much worse law going under the misleading title of ‘Stop Online Piracy Act’ is working its way through Congress on a bit of a fast track,” Wales wrote on Wikipedia . “My own view is that a community strike was very powerful and successful in Italy and could be even more powerful in this case.”

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Apple Poised For Loss In Claim Against iPad Competitor

December 22, 2011

DUESSELDORF, Germany (Reuters) – A German court rejected Apple’s claims that Samsung Electronics’ reworked tablet PC still looks like a copycat version of the iPad, in a preliminary assessment. Apple is fighting several rival makers of smartphones and tablet PCs in courts worldwide over intellectual property. Its battle with Samsung, which is Apple’s supplier as well as a competitor, has been especially bitter, with some 30 legal cases in 10 countries. “According to the court’s assessment, the defendant has moved away sufficiently from the legally protected design,” Judge Johanna Brueckner-Hofmann said in court on Thursday. Brueckner-Hofmann added that a ruling was slated for February 9. In response to an earlier court ruling in Apple’s favour, Samsung had redesigned its Galaxy Tab 10.1 for the German market only and named it Galaxy Tab 10.1N. But Apple challenged the reworked version as well, seeking an injunction that would ban Samsung from marketing the product in Europe’s largest consumer market. Samsung, for its part, earlier this week filed new claims in a separate dispute related to telecommunications standard technology with Apple for alleged patent infringements in Germany. (Reporting by Matthias Inverardi; Writing by Ludwig Burger; Editing by Helen Massy-Beresford)

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Dems, Reps Agree On Reducing Jobless Benefits

December 21, 2011

WASHINGTON — Republicans and Democrats have clashed frequently over federal unemployment insurance ever since the unemployed first became eligible for 99 weeks of benefits at the end of 2009. Despite the high-profile disagreements, which have repeatedly led to lapsed benefits for millions of people, Republicans and Democrats broadly agree on what to do next: reduce the duration of benefits and make sure their cost isn’t added to the federal budget deficit. But unless Congress reaches a compromise in the next week or so, federal unemployment benefits will lapse again for nearly 2 million people come January. In December, Republicans proposed reducing the number of weeks available by 40. Democrats are willing to meet them halfway by cutting 20 weeks, albeit in a backdoor fashion: Congress would reauthorize the two federal unemployment programs, but the second would automatically phase out in one state after another over the course of 2012. The phaseout would begin under a bill that passed the Senate on Saturday per a deal between Senate Majority Leader Harry Reid (D-Nev.) and his GOP counterpart, Sen. Mitch McConnell (R-Ky.). Democrats in the House of Representatives want the House to pass the Senate bill immediately. Although the Senate legislation would keep the federal programs in place for just two months, the second Extended Benefits program would phase out in 11 states during that time. It’s a “wholly inadequate” outcome, said Rep. Sander Levin (D-Mich.), the top Democrat on the committee overseeing unemployment, because “with very little warning, tens of thousands of long-term unemployed Americans will be cut off unemployment insurance.” Levin did not say, however, that he opposed the bill. The Extended Benefits program, which provides help for up to 20 weeks, kicks in after workers exhaust up to 53 weeks of federal Emergency Unemployment Compensation following 26 weeks of state benefits. The program is restricted to states with high and rising jobless rates. If a state’s jobless rate isn’t significantly higher than its rate three years ago, the program is not triggered. Democrats in both the House and Senate initially proposed reauthorizing Extended Benefits to allow states to extend their “lookback” period to four years ago, which would have meant more states kept the benefits through 2012. Those proposals have been pushed aside. As Republicans have noted, the Obama administration was the first to suggest letting Extended Benefits dwindle in 2012. Cynthia Rogers of Minneapolis received a letter last week telling her that Extended Benefits would end on Jan. 8. Rogers, 55, has been drawing unemployment benefits since September 2010, after she lost her job as a registered nurse due to an injury. She’s currently on the third “tier” of Emergency Unemployment Compensation, which lasts only 47 weeks in Minnesota (the duration of federal unemployment programs varies by state ). Rogers will be eligible for 13 weeks of Extended Benefits starting in January — if Congress renews the program and allows states to change their triggers. Rogers could use the money. “I’d be able to pay my medical premium for another month or two, and my car insurance and my rent,” she said. “But I still need a job.” She said she has already sold her house and is grateful her children are grown. She’s applied for pet store jobs as well as nursing positions. She’s planning to enroll in dog grooming school and launch a new career in Texas as soon as she can. “At age 55, no one wants to hire you,” she said in an email. “So, unless a Christmas miracle happens, I am at the mercy of Congress and the Lord Himself. I place my trust in God, not Congress.” As recently as 2010, Democrats insisted that the cost of federal unemployment compensation not be offset with spending cuts or tax hikes elsewhere in the budget, arguing that deficit spending stimulates the economy. They’ve since abandoned that stance and only disagree with Republicans on how the benefits should be paid for. Another area of agreement: Both parties support making millionaires ineligible for unemployment insurance. If such a policy had been in place in 2009, it would have saved $20 million out of $135.9 billion spent on benefits, according to the National Employment Law Project. The worker advocacy group argued in a recent report that cutting off higher earners could undermine what is supposed to be an entitlement for anyone who loses a job through no fault of his or her own: “[E]xaggerating the extent to which millionaires, a group of potential beneficiaries who garner little or no public sympathy, are drawing UI [unemployment insurance] benefits opens the door to means-testing of unemployment benefits at any level of income by essentially eliminating UI for certain workers at the highest income levels.” Republicans are on their own, however, when it comes to allowing states to drug-test the jobless and require layoff victims who haven’t finished high school to enroll in GED courses as a condition for receiving benefits. Neither Democrats nor Republicans have said they’d be willing to drop extended unemployment compensation altogether, something Congress has never done with a national jobless rate above 7.2 percent. But the latest deal has fallen apart, and most members of the House and Senate have returned to their districts for a Christmas break that ends in late January. As many as 1.8 million long-term jobless will lose assistance over the course of the month. Arthur Delaney is the author of ” A People’s History of the Great Recession ,” HuffPost’s first e-book.

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Immigrants Founded Half Of Top U.S. Startups, Study Finds

December 21, 2011

(Sarah McBride) – Immigrants founded or cofounded almost half of 50 top venture-backed companies in the United States, a new study shows, underscoring some of the high stakes in potential immigration reform. The venture capital community argues the study, completed by research group National Foundation for American Policy, proves the need to overhaul rules governing how entrepreneurs can immigrate to the United States to spur job development. “It’s a gamble whether an entrepreneur should stay or leave right now, and that’s not how the immigration system should work,” said Mark Heesen, president of the National Venture Capital Association, on a call with reporters. “What we need is legislation that helps these entrepreneurs from outside the United States.” Of the 50 top venture-backed companies, 23 had at least one immigrant founder, the study found. In addition, 37 of the 50 companies employed at least one immigrant in a key management position such as chief technology officer. Companies with immigrant founders include some of Silicon Valley’s hot start-ups, such as textbook-rental service Chegg, founded by Indian Aayush Phumbhra and Briton Osman Rashid; online craft marketplace Etsy, founded by Swiss Haim Schoppik; and Web publisher Glam Media, founded by Indians Samir Arora and Raj Narayan. The countries that supplied the most founders included India, Israel, Canada, Iran and New Zealand, the study found, and the immigrant-founded companies created an average of 150 jobs. The study looked at the top 50 venture-backed companies as measured by research firm VentureSource, based on factors such as company growth and the amount of capital raised. VentureSource considered only companies valued at less than $1 billion. Young companies and their backers say the rules are too cumbersome and encourage non-U.S. citizens to launch start-up businesses elsewhere, or bog down companies in red tape if they commit to basing in the United States. One obstacle to the loosening of immigration rules for entrepreneurs is a tendency in Congress to consider legal and illegal immigration jointly, Heesen said. Because illegal-immigration issues are so divisive, he said, overall immigration reform has bogged down. The NFAP identified bills pending in the House of Representatives and the Senate that would help through measures such as lowering the amount of capital an entrepreneur has to raise before being eligible for an immigrant visa. (Source: http://www.nfap.com/pdf/NFAPPolicyBriefImmigrantFoundersandKeyPersonnelinAmericasTopVentureFundedCompanies.pdf ) (Reporting by Sarah McBride; Editing by Steve Orlofsky) Copyright 2011 Thomson Reuters. Click for Restrictions .

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Amazon Reportedly Weighed Purchase Of BlackBerry Maker

December 21, 2011

By Nadia Damouni (Reuters) – Research In Motion Ltd has turned down takeover overtures from Amazon.com Inc and other potential buyers because the BlackBerry maker prefers to fix its problems on its own, according to people with knowledge of the situation. Amazon hired an investment bank this summer to review a potential merger with RIM, but it did not make a formal offer, said one of the sources. It is not clear whether informal discussions between Amazon and RIM ever led to specific price talk, or who else had approached RIM about a takeover. RIM’s board wants co-chief executives Mike Lazaridis and Jim Balsillie to focus on trying to turn around the business through the launch of new phones, better use of assets such as BlackBerry Messaging and restructuring, two sources said. They did not want to be identified as the discussions are private. RIM and Amazon declined to comment. While RIM could strike technology licensing deals and other kinds of commercial partnerships to boost revenue, an outright sale or joint venture is not on the cards for now, they said. “They have had approaches from folks who have wanted to have discussions,” said one head of technology investment banking at a Wall Street bank. “The issue is it is hard to find a value that makes sense with a falling knife.” Battered shares in the Canadian smartphone maker jumped 10 percent in after-hours Nasdaq trade after the Reuters report. RIM’s market value has plunged 77 percent in the last 12 months to about $6.8 billion following a series of disappointing quarterly reports, delayed phone launches, weak sales of the PlayBook tablet and other missteps. The shares tumbled last week on weaker-than-expected quarterly results and the announcement of a delay in the launch of the new BlackBerry 10 phones. A RIM investor who declined to be named said the company was now essentially on the block. “This story puts RIM in play, because shareholders are going to put it in play,” the U.S.-based investor said. “It’s over. This is now a company where the activists are in charge.” Activist shareholder Jaguar Financial Corp has called for a sale of RIM as a whole or in separate parts, such as the handset business, the network services operation, or the patent portfolio. But RIM’s management has told interested parties they do not want to sell or break up the company at this juncture, the sources told Reuters. After last week’s news, the board instructed the co-CEOs to set aside any options for a sale, one person briefed on the situation said. “Selling the company or an economic joint venture is probably not in the cards right now,” said the source. “Until you stabilize the platform, people are going to be very nervous about spending $10 billion or more.” Some potential corporate and private equity suitors are holding out for RIM’s valuation to fall further, people familiar with the matter said. AMAZON, RIM STILL IN DISCUSSIONS Amazon and RIM are still discussing ways to expand their commercial ties, which currently include a service launched last year to make Amazon’s music catalog available to some BlackBerry users, according to the sources. Amazon launched the Kindle Fire tablet in November, which, along with the content the company can package with it, is seen as a potentially formidable contender to Apple Inc’s iPad and iTunes store. Amazon does not make smartphones. As for RIM, it feels it could better leverage its assets, such as the BBM instant messaging and the network operation centers that allow for messages to be processed, the sources said. RIM could also look at licensing out its QNX operating system after the late 2012 launch of BlackBerry 10, which will be the first smartphones using that software, to give handset makers an alternative to Google’s Android operating system. DISTRACTION RIM’s co-CEOs have spent months listening to ideas from investment bankers, strategic parties and private equity firms. These discussions are now viewed as distracting for management, sources briefed on the situation said. One of them said the board has backed both Lazaridis and Balsillie, but is of the view RIM needs to develop a “deeper bench” of executives. Spurred by RIM’s share drop and Google Inc’s $12.5 billion bid for Motorola Mobility Holdings Inc in August, Wall Street bankers have tried to pitch RIM to other mobile phone makers, including Samsung Electronics Co Ltd and HTC Corp, in recent months. But HTC and Samsung already have licensing agreements with Google’s Android and did not see the value in tying up with BlackBerry, people familiar with the companies said. Samsung and HTC declined to comment. (Additional reporting by Soyoung Kim in New York and Alastair Sharp in Toronto; Editing by Tiffany Wu, Paritosh Bansal and Andre Grenon, Phil Berlowitz)

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Sony Handheld Sales Fall Short Of Rival

December 20, 2011

TOKYO (Reuters) – Sony Corp shifted 321,400 units of the PlayStation Vita, its new handheld game device, in Japan in its first two days on sale, research firm Enterbrain said on Tuesday. That falls short of rival Nintendo Co Ltd’s 3DS, which sold 371,000 in its first two days, Enterbrain said. Sales of the 3DS, however, slumped weeks after the launch, forcing Nintendo to slash the price and crushing its profit outlook for the year. Sony seeks to avoid suffering a similar fate by offering a big slate of 24 games for the Vita at launch. But executives admit the real challenge will come in maintaining sales over the next few years. Fans in Japan lined up to be among the first to pick up the latest portable game device, which kicked off a global rollout on Saturday. The Vita will be launched in the United States and Europe in February. Sony’s previous portable game device, the PS Portable, sold 166,000 units on the first day of sales in 2004. It has sold 73 million units to date. (Reporting by Isabel Reynolds; Editing by Chris Gallagher)

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Senators Turn Up Heat On Google Antitrust Probe

December 19, 2011

Google’s high-stakes antitrust hearing in September seems to have raised more questions than it answered — and lawmakers are asking regulators to take a closer look at the search giant’s operations. The leaders of the Senate antitrust subcommittee that held a hearing on Google’s business practices are urging the Federal Trade Commission to investigate whether the company is guilty of antitrust abuses. In a letter to the chairman of the FTC, Senators Herb Kohl (D-Wis.) and Mike Lee (R-Utah), chairman and ranking member of the Judiciary Antitrust Subcommittee, respectively, argued that “a number of concerns” raised at the Google antitrust hearing “merit serious scrutiny by the FTC.” Google confirmed in June that the FTC was reviewing the company, though stated it was “still unclear exactly what the FTC’s concerns are.” Among other “concerns” the Senators listed in their letter to the FTC, Kohl and Lee highlighted testimony by the CEOs of Yelp and Nextag that Google had stolen traffic from their sites by preferencing its own products; cited Google executive Marissa Mayer’s 2007 admission that the search giant has intentionally ranked its own services ahead of other sites’; and pointed out that Google’s lone competitor, Microsoft’s Bing, has been hemorrhaging around $2 billion a year. The Senators cited statistics indicating Google claims 65 to 70 percent of the Internet search market and powers “at least” 95 percent of queries performed on mobile devices. They also wrote that Google’s business model has “changed dramatically in recent years” as the company “now seeks not only to link users to relevant websites, but also to answer user queries, provide a variety of related services, and direct customers to additional information on its own secondary web pages.” Kohl and Lee noted that when Google chairman Eric Schmidt was asked in the antitrust hearing whether Google was a monopolist in the online search market, Schmidt conceded, “I would agree, Senator, that we’re in that area.” The former Google CEO also denied that Google had “cooked” its search results to favor its services ahead of other sites’ offerings. “Senator, may I simply say that I can assure you we’ve not cooked anything,” Schmidt told Lee during the hearing. “We believe these allegations regarding Google’s search engine practices raise important competition issues,” Kohl and Lee wrote. “We are committed to ensuring that consumers benefit from robust competition in online search and that the Internet remains the source of much free-market innovation.” In a written response to questions posed by the Senate antitrust subcommittee , Schmidt attempted to position Apple’s Siri technology, which allows for voice-controlled search, as a “competitive threat” to Google. The Senators seem unconvinced: their letter made no mention of Siri and stated that Google “faces competition from only one general search engine, Bing ” Google did not immediately respond to a request for comment.

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Apple Wins Legal Battle Against iPhone Competitor

December 19, 2011

‪ ‬ By Ina Fried, Trade Body Says HTC Is Violating Apple Patent, Bans Some Imports via All Things D In a closely watched case, the U.S. International Trade Commission on Monday ruled that Taiwanese cell phone maker HTC is violating an Apple patent and ordered an import ban on some of the company products. The organization found that HTC devices infringed on two claims related to an Apple patent. However, the ban will not take effect until April, the ITC said in a ruling, giving time for carriers to make transition plans and for HTC to demonstrate ways it has avoided infringement (by working around the patent, dropping infringing features or other means). “Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting importation of infringing personal data and mobile communications devices and related software,” the agency said. “The Commission has determined that exclusion of articles subject to this order shall commence on April 19, 2012.” HTC will be able to import some refurbished products to satisfy repair claims on already sold products, but will not be able to bring new products into the country after April 19, unless the ruling is reversed or it can show its products no longer infringe the patent in question. The ruling had been delayed several times. HTC said in a statement it was pleased the commission reversed a ruling that HTC infringed on another of Apple’s patents and that it narrowed the ruling on the patent in which it did find infringement. “While disappointed that a finding of violation was still found on two claims of the ’647 patent, we are well prepared for this decision, and our designers have created alternate solutions for the Œ647 patent,” HTC said in a statement. See the ruling here. Trade Body Says HTC Is Violating Apple Patent, Bans Some Imports via All Things D More From All Things D: AT&T Dropping Its T-Mobile Bid, Owes Billions to Deutsche Telekom Beyond Tablets: The Next Five Computing Form Factors IBM Predicts Home Electricity From Your Bike, Mind-Reading Computers Facebook’s Social Ad Strategy Suffers Legal Blow

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Man Who Hung Jury In $1 Billion Microsoft Case At Peace With Decision

December 19, 2011

SALT LAKE CITY — The lone holdout juror who prevented a Utah company from getting as much as $1.2 billion from one-time rival Microsoft Corp. for alleged antitrust violations says he’s at peace with his decision. Novell sued Microsoft in 2004, claiming the software giant duped it into developing the once-popular WordPerfect writing program for Windows 95 only to pull the plug so Microsoft could gain market share with its own product. Novell says it was later forced to sell WordPerfect for a $1.2 billion loss. “I walk away feeling honestly myself, and I can’t speak for the other jurors, that I made the right decision even if it resulted in a hung jury,” Alvey said Saturday. “There were so many inferences that needed to be drawn that I felt that it was unfair to Microsoft to go out on a limb and say, `yes.’” Alvey described the three days of jury deliberations as stressful. The 11 other jurors sided with Novell. “Obviously, I wanted to convince them to agree with me and they wanted to convince me to agree with them,” he told KSL. Bill Gates testified last month that he had no idea his decision to drop a tool for outside developers would sidetrack Novell. Gates said he was acting to protect Windows 95 and future versions from crashing. Novell argued that Gates ordered Microsoft engineers to reject WordPerfect as a Windows 95 word processing application because he feared it was too good. Alvey said the jury agreed on the technical aspects of the case but disagreed on what Novell could have accomplished “but for” Gates’ decision. “There was a lot of speculation in this `but for’ world,” he said. As for Gates’ testimony, Alvey said, “The man was a little sarcastic at times. If anything, it provided a little break from the monotonous questions and answers … I think from his testimony, what I heard, and what I saw in the emails, Bill Gates was a man who took every threat extremely seriously.” Jury foreman Carl Banks said he tried hard to get a verdict. “It was a tough case. It was long and it was hard and it was grueling,” he said. “We gave it our best shot.” Novell attorneys have said they would seek to retry the case with a new jury. Microsoft said it would file a motion asking the judge to dismiss Novell’s complaint for good and avoid a second trial. ___

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Verizon Secures Deal With Huge Cable Company

December 16, 2011

NEW YORK — Cable company Cox Communications on Friday said that it has agreed to sell some of its airwave licenses to Verizon Wireless for $315 million and will resell Verizon service in its stores. The deal mimics on struck between Verizon Wireless and three other cable companies two weeks ago. Comcast, Time Warner Cable and Bright House Networks gave up their ambitions to run their own wireless network and signed co-marketing agreements with Verizon. Unlike the other cable companies, Cox had taken steps to use its spectrum. But it gave up on its plans to build a wireless network earlier this year, saying it couldn’t compete with bigger cellphone companies. Privately held Cox is the third-largest cable company in the country. It is based in Atlanta and has about 6 million customers. The spectrum Cox is selling is in the same frequency band as the licenses the other cable companies agreed to sell, which makes it easier for Verizon Wireless to put it to use. It covers 28 million people, chiefly in areas where Cox provides cable service. Cox also has spectrum in another frequency band, which is not part of the deal. Spectrum sales are subject to approval by the Federal Communications Commission. Verizon Wireless is a joint venture of phone company Verizon Communications Inc. of New York and Vodafone Group PLC of Britain. An odd consequence of the deals the cable companies is that Verizon Wireless stores will be selling cable TV service, in competition with Verizon Communications’ own FiOS TV service. Verizon Communications shares edged up 23 cents to $38.65 in midday trading.

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Phil Simon: 10 Technology and Business Trends for 2012

December 16, 2011

It’s that time again — time to look around the corner and make predictions about the new year. Here are 10 technology and business trends that will affect businesses and consumers alike in the coming year. The continued proliferation of platforms We have entered the Age of the Platform and many companies have started embracing ecosystems, partners, and crowdsourcing. Even Twitter’s recent redesign is a clear attempt to mimic the functionality and success of Facebook, LinkedIn, and other powerful platforms. The rise of mobile payments You can now pay for Apple products by yourself if you have an iPhone and the Apple Store App . Jack Dorsey’s Square has even more ambitious plans: to turn your phone into your own portable payment system. Continued dominance of Amazon, Apple, Facebook, and Google The Gang of Four isn’t going anywhere. Those who believe that there will be “one winner” from the Great Tech War of 2012 are in for a surprise. Amazon, Apple, Facebook, and Google will each dominate, but in separate areas. A more semantic web Semantic technologies — i.e., those that enable data to be understood across multiple languages — are becoming more prevalent. Case in point: Teenagers are building apps that make sense of increasingly noisy search results. The continued consumerization of IT In the 1990s and before, tech companies catered to CIOs — not to the ultimate end users of their products. This has changed. In 2012 and beyond, we will continue to see a more democratized tech playing field. Significant consolidation and M&A activity Expect Netflix, Hulu, and other standalone products and services to be absorbed by larger companies. Rumors are swirling that Verizon will gobble up Netflix , especially since Netflix’s stock price has dropped by more than 60 percent from its high. Apple’s iCloud, Amazon’s Fire, and Google’s play in movies will make it harder and harder for video-specific sites to survive. The continued emergence of new business platforms More and more companies are building platforms — and adding planks. Force.com and Jive Software are but two examples of emerging business platforms and powerful ecosystems that have stalwarts such as Microsoft scrambling to play catch up. The continued demise of old new tech heavyweights Don’t expect any magic turnarounds from RIM, HP, AOL, and Yahoo! Android will continue to steal mindshare away from BlackBerry. AOL’s recent restructuring is unlikely to return it to prominence. A continued drop in traditional index searches We know that people are more prone to do traditional index searches on desktops and laptops than mobile phones. (By some estimates, only one percent of an individual’s time on a mobile device is spent doing searches.) As we spend more time on the latter than the former, fewer people will use search engines. This is a big reason that Google has made such large bets with Android and Motorola. Big business gets more social Whether it’s on Pages for Google+ or the recently announced Twitter branded pages, expect the last dominoes to fall. Those big and large businesses loathe to embrace social media will realize that they’ll have to get with the program — or else.

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Zynga Prices Shares

December 15, 2011

(Reuters) – Zynga Inc priced its shares at the top end of its expected range at $10 per share on Thursday, a source close to the process told the International Finance Review. The company, which is the top publisher of games on Facebook such as “FarmVille” and “CityVille”, sold 100 million shares raising $1 billion, the source told IFR on Thursday. At $1 billion, Zynga’s IPO would be the largest from a U.S. Internet company since Google Inc raised $1.7 billion in 2004. Based on a fully diluted share count of 890 million shares, the IPO values Zynga at $8.9 billion. Zynga is selling about 11 percent of diluted shares in the offering. Zynga had previously been targeting a share price of $8.50 to $10. Underwriters on the deal were lead by Morgan Stanley and Goldman Sachs. The International Finance Review is owned by Thomson Reuters. (Reporting By Liana B. Baker, editing by Bernard Orr) Copyright 2011 Thomson Reuters. Click for Restrictions .

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