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Arguendo writes "Martin Goetz, who obtained the first software patent in 1968, has penned a thoughtful defense of software patents for Patently-O. Goetz argues that there is no principled difference between software and hardware patents and that truly patentable software innovations require just as much ingenuity and advancement as any other kind of patentable subject matter. The Supreme Court is of course currently considering whether to change the scope of patentable subject matter in the Bilski case, which we've discussed before." Does it weaken Goetz's argument that his description of the software lifecycle harks back to the waterfall days and bears little resemblance to current development practice in open source and/or Internet contexts?

necro81 writes "The NY Times is reporting on a new study from Osram, a German lighting manufacturer, which has calculated the total lifecycle energy costs of three lightbulb technologies and found that both LEDs and CFLs use approximately 20% of the energy of incandescents over their lifetimes. While it is well known that the newer lighting technologies use a fraction of the energy of incandescents to produce the same amount of light, it has not been proven whether higher manufacturing energy costs kept the new lighting from offering a net gain. The study found that the manufacturing and distribution energy costs of all lightbulb technologies are only about 2% of their total lifetime energy cost — a tiny fraction of the energy used to produce light." The study uses the assumption that LEDs last 2.5 times longer than CFLs, and 25 times longer than incandescents.

adeelarshad82 writes "Michael Arrington announced the death of the CrunchPad on Monday morning in a blog post heavily spiced with angst and drama. According to Arrington, the Crunchpad, a 12-inch Web tablet expected to be priced at about $300, was just days away from launch. At the last minute, however, Arrington received an email from Chandra Rathakrishnan, the chief executive of manufacturing partner Fusion Garage, apparently trying to cut Arrington out of the product on the eve of the launch. Fusion Garage, according to Arrington, wanted to market the device itself under its own name; which obviously was the deal breaker. Arrington claims that the company had overcome obstacles at every stage in the business such as deals with Intel, retail launch, securing venture capital and angel investments. Interesting bit is that some were already speculating that the Crunchpad was not real."

truesaer writes "I'll be spending all of next year backpacking through South America. In the past I've used Internet cafes while away, but this time I plan to bring a netbook and rely primarily on Wi-Fi hotspots. I'll be facing the same issues and risks that business travelers in hotels and airports face, as well as those encountered by millions of other backpackers, gap-year travelers, and students. Since my trip is so long I'll have no choice but to access my banking, credit card, and investment accounts on public networks. I will not have a system at home to connect through. Other than an effective firewall, a patched system, and the use of SSL, what else should I do to protect my information? Keep in mind that many places have very poor bandwidth and latency."

theodp writes "Newsweek's Dan Lyons doesn't know who will be the winner in Google and Microsoft's search battle, but that's not stopping him from picking a loser — consumers. As we head towards a world where some devices may be free or really cheap, consumers should prepare to be bombarded by ads or pay a premium to escape them. 'The sad truth is that Google and Microsoft care less about making cool products than they do about hurting each other,' concludes Lyons. 'Their fighting has little to do with helping customers and a lot to do with helping themselves to a bigger slice of the money we all spend to buy computers and surf the Internet. Microsoft wants to ruin Google's search business. Google wants to ruin Microsoft's OS business. At the end of the day, they both seem like overgrown nerdy schoolboys fighting over each other's toys.'"

palmerj3 writes in to give some wider attention to a piece on Techcrunch today in which Michael Arrington reacts to Video Professor's desperate attempts to shut him up after he called Video Professor a scam in a piece syndicated by the Washington Post. As described by Arrington, the ways the company's site operates (differently depending on where a visitor comes from) are strongly reminiscent of the practices a Senate committee recently condemned. (Here is a detailed example of another, similar scam, from a not-naive victim. Video Professor's tactics sound even more deceptive.) Video Professor seems to react with belligerence, not to mention legal threats, towards any hint of criticism. Please share any direct experiences you have with this outfit.

JoshuaInNippon writes "Japanese computer manufacture Kohjinsha has announced that it will begin selling a 10.1" dual-screen laptop on Dec. 11 — in Japan only. While it is not the first dual-screen laptop, a title claimed by the monstrous 17" Lenovo Thinkpad W700ds series, the Kohjinsha sure looks much more portable and stylish. The Thinkpad's extra screen pulls out slightly from one side for about a 40% increase on its display, whereas on the Kohjinsha's two full separate screens spread out symmetrically from the center. While specs are admittedly lower than the Thinkpad, the DZ series certainly wins on cost. The starting price will be ¥79,800, about $900, in Japan (exporters will likely mark that price up slightly), compared with the Thinkpad at well over $2,000. Kohjinsha says the laptop is great for working on 'large business documents' (e.g. excessively wide spreadsheets), or watching videos while surfing the Web, which is likely what most users will be doing with it. The timing and the price certainly make the Kohjinsha DZ series a tempting toy idea for holiday giving — perhaps to oneself."

Hugh Pickens writes "Edmund Conway has an interesting article in the Telegraph where he analyzes where the money goes when you buy a complex electronic device marked 'Made in China,' and why a developed economy doesn't need a trade surplus in order to survive. For his example, Conway chooses a 30GB video iPod 'manufactured' in China in 2006. Each iPod, sold in the US for $299, provides China with an export value of about $150, but as it turns out, Chinese producers really only 'earned' around $4 on each unit. 'China, you see, is really just the place where most of the other components that go inside the iPod are shipped and assembled.' Conway says that when you work out the overall US balance of payments, it shows that most of the cash for high tech inventions has flowed back to the United States as a direct result of the intellectual property companies own in their products. 'While the iPod is manufactured offshore and has a global roster of suppliers, the greatest benefits from this innovation go to Apple, an American company, with predominantly American employees and stockholders who reap the benefits,' writes Conway. 'As long as the US market remains dynamic, with innovative firms and risk-taking entrepreneurs, global innovation should continue to create value for American investors and well-paid jobs for knowledge workers. But if those companies get complacent or lose focus, there are plenty of foreign competitors ready to take their places.'"

Barence writes "Apple has been forced to tidy up its online terms and conditions, at the behest of the UK's Office of Fair Trading. The company has redrafted its Ts & Cs so that it now accepts liability for faulty or misdescribed goods sold from its website or the iTunes store. Apple must also ensure that its conditions are 'drafted in plain or intelligible language' and that they 'do not potentially allow changes to be made to products and prices after an agreement is made.'"

bennyboy64 writes "The Australian court case between the film industry and ISP iiNet drew to a close yesterday after the film studios issued an ultimatum: Take copyright responsibilities seriously or leave the industry. 'Businesses such as ISPs want to enjoy the benefit of being able to make money out of the provision of Internet service facilities and they enjoy that benefit. But it carries with it a responsibility,' said Tony Bannon SC, the film industry's lawyer. 'They provide a facility that is able to be used for copyright infringement purposes. If they don't like having to deal with copyright notices then they should get out of the business.' iTnews has done a short one minute interview with iiNet's CEO Michael Malone as he left the court on the final day. Also on the final day, the judge dismissed the Internet Industry Association's involvement in the case."

Hugh Pickens writes "Nicholas Carr has an interesting analysis of Rupert Murdoch's threat to de-list News Corp's stories from Google and Microsoft's eager offer to make Bing Murdoch's exclusive search engine for its content. Carr writes that newspapers are caught in a classic Prisoner's Dilemma with Google because Google's search engine 'prevents them from making decent money online — by massively fragmenting traffic, by undermining brand power, and by turning news stories into fungible commodities.' If any single newspaper opts out of Google, their competitors will pick up the traffic they lose. There is only one way that newspapers can break out of the prison — if a critical mass of newspapers opt out of Google's search engine simultaneously, they would suddenly gain substantial market power. Murdoch may have been signaling to other newspapers that 'we'll opt out if you'll opt out,' positioning himself as the would-be ringleader of a massive jailbreak, without actually risking a jailbreak himself. There are signs that Murdoch's signal is working, with reports that the publishers of the Denver Post and the Dallas Morning News are now also considering blocking Google. In the meantime, Steve Ballmer is more than happy to play along with Murdoch because although a deal with News Corps would reduce the basic profitability of Microsoft's search business, it would inflict far more damage on Google than on Microsoft."

zmaragdus writes "Facebook Inc. converted its existing stock holdings into different classes of stocks (Class A and Class B) designed to give certain shareholders more power than others. This has been typically done in an IPO of a company's stock to give important people (company founders, for instance) more clout in the actions of the company when stock is first offered to the public. While Facebook maintains that it does not plan to offer stock publicly in the near future, this restructuring is one of the critical steps in doing so."

An anonymous reader writes "The European Union has managed to do something that US Presidents often find difficult: to make 59 US Senators from both sides of the aisle agree on something. A group led by John Kerry (D) and Orrin Hatch (R) has sent a letter to the European Union, asking it to wrap up the investigation of the Oracle-Sun merger and let the deal go through. Interestingly, the letter emphasizes the damage the delay and uncertainty are doing to Sun." The article paraphrases a Gartner analyst, who points out that the Senators' letter "comes from a US point of view and doesn't take into account how the EU operates."

Hugh Pickens writes "The NY Times reports that Amazon and Wal-Mart are waging a price war for the future of online retailing that is spreading through product areas like books, movies, toys, and electronics. The tussle began last month over which company had the lowest prices on the most anticipated new books and DVDs this fall, but has now spread to select video game consoles, mobile phones, even to the humble Easy-Bake Oven. 'It's not about the prices of books and movies anymore. There is a bigger battle being fought,' said Fiona Dias, executive vice president at GSI Commerce, which manages the Web sites of large retailers. 'The price-sniping by Wal-Mart is part of a greater strategic plan. They are just not going to cede their business to Amazon.' Wal-Mart, with $405 billion in sales last year, dominates by offering affordable prices to Middle America in its 4,000 stores, while Amazon, with $20 billion in sales, caters mostly to affluent urbanites who would rather not push around a cart. But Amazon is expanding its slice of the retail pie at an alarming rate — its sales shot up 28 percent in the third quarter of this year; and sales in Amazon's electronics and general merchandise business are up 44 percent. 'We have to put our foot down and refuse to let them grow more powerful,' says Dias. 'I applaud Wal-Mart. It's about time multichannel retailers stood up and refused to let their business go away.'"

1sockchuck writes "Virginia's new state IT system is experiencing downtime in key services because of a mind-boggling oversight: the state apparently neglected to require network backup in a 10-year, $2.3 billion outsourcing deal with Northrop Grumman. The issue is causing serious downtime for state services. This fall the Virginia DMV has suffered 12 system outages spanning a total of more than 100 hours, and downtime hampered the state transportation department when a state of emergency was declared during the Nov. 11 Northeaster."

paltemalte writes "Microsoft and various retailers have teamed up to bring you cashback on purchases made via Bing's price comparison feature. There is a little snag, though — it seems that when you have a Bing cookie living in your browser, some retailers will quote you a higher price than if you come with no Bing cookie in your system."

It seems that a recent survey of global broadband practices by Harvard's Berkman Center at the behest of the FCC has stirred the telecommunications hornet's nest. Both AT&T and Verizon are up in arms about some of the conclusions (except the ones that suggest offering large direct public subsidies). "Harvard's Berkman Center study of global broadband practices, produced at the FCC's request, is an 'embarrassingly slanted econometric analysis that violates professional statistical standards and is insufficiently reliable to provide meaningful guidance,' declares AT&T. The study does nothing but promote the lead author's 'own extreme views,' warns a response from Verizon Wireless. Most importantly, it 'should not be relied upon by the FCC in formulating a National Broadband Plan,' concludes the United States Telecom Association. Reviewing the slew of criticisms, Berkman's blog wryly notes that the report seems to have been 'a mini stimulus act for telecommunications lawyers and consultants.'"

theodp writes "In May, the USPTO rejected Amazon.com's patent claims (PDF) for its Method and System for Placing a Purchase Order Via a Communications Network (a 1-Click spin-off). At the time, a USPTO Examiner cited Bilski, explaining that elements of CEO Jeff Bezos' gift-delivery invention 'may be performed largely within the human mind,' coming to essentially the same conclusion a NY Post reporter arrived at in 2002. But Amazon's attorneys have worked their legal wordsmithing magic (PDF), convincing the USPTO that 'obtaining delivery information for a gift from one or more information sources other than the gift giver and recipient' is indeed novel and patentable. A Notice of Allowance for the patent was mailed to Amazon on November 17th, just in time for Holiday Season injunction-giving!"

eldavojohn writes "If you think the iPhone app store is the only mobile game store suffering an exodus, some game publishers claim Android's app store isn't much better, for a different reason — it doesn't generate much revenue. In fact, French game developer Gameloft (which owes 13% of its profits to iPhone game sales), said, 'We have significantly cut our investment in Android platform, just like... many others. It is not as neatly done as on the iPhone. Google has not been very good to entice customers to actually buy products. On Android nobody is making significant revenue. We are selling 400 times more games on iPhone than on Android.' So the trade-off seems to be more sales but an annoying approval process, versus a lack of sales promotions and no annoyance around approval. It seems that those in it for money will opt for iPhone, and those in it for distribution will opt for Android. Or maybe someone will get it right one of these days?"

lbalbalba writes "Electronic Arts is shutting down its Westwood-based game developer Pandemic Studios just two years after acquiring it, putting nearly 200 people out of work. 'The struggling video game publisher informed employees Tuesday morning that it was closing the studio as part of a recently announced plan to eliminate 1,500 jobs, or 16% of its global workforce. Pandemic has about 220 employees, but an EA spokesman said that a core team, estimated by two people close to the studio to be about 25, will be integrated into the publisher's other Los Angeles studio, in Playa Vista.' An ex-developer for Pandemic attributed the studio's struggles to poor decisions from the management."