To display the most relevant entries to you in priority,
vote for the stories you are interested in
(  )
and reject those that you are not interested in
(  )
Slashdot -
1 hours and 48 minutes ago
alphadogg writes "Novell's CEO wrote to customers Saturday telling them that the software company
has rejected a $2 billion bid by hedge fund Elliott Associates to take it private. He called the
offer 'inadequate' and said Novell will review alternatives. Novell has struggled financially even
as it has reinvented itself from its NetWare network operating roots into an open source (SUSE and
Ximian) and management and security software company. Revenue fell 10% during its most recent
fiscal year (wrapped up in October) and its net losses widened. CEO Hovsepian's total compensation
fell 17% to $5.7 million."
Read more of this story at Slashdot.

|
Slashdot: Linux -
1 hours and 48 minutes ago
alphadogg writes "Novell's CEO wrote to customers Saturday telling them that the software company
has rejected a $2 billion bid by hedge fund Elliott Associates to take it private. He called the
offer 'inadequate' and said Novell will review alternatives. Novell has struggled financially even
as it has reinvented itself from its NetWare network operating roots into an open source (SUSE and
Ximian) and management and security software company. Revenue fell 10% during its most recent
fiscal year (wrapped up in October) and its net losses widened. CEO Hovsepian's total compensation
fell 17% to $5.7 million."
Read more of this story at Slashdot.

|
TechCrunch -
4 hours and 12 minutes ago
Mozilla platform engineer Rob Sayre has probably had better ideas.
Hoping Microsoft might allow Firefox on their new Windows Phone 7 Series, Sayre wrote an open letter this morning
to Microsoft CEO Steve Ballmer. “Hola, amigo. I know it’s been a long time since
I rapped at ya,” is how it starts.
He then proceeds to make fun of Windows Phone 7 Series, the iPhone, Cocoa Touch, and Unix
— all in three concise paragraphs. He notes that Windows Phone 7 Series has a
“busted” UI, calls the iPhone’s UI “ugly jelly beans,” and mocks
the “allegedly cool” Cocoa Touch “stuff.”
Once he’s done with all of that, he asks Ballmer to consider making an NDK for Windows
Phone. An NDK is a companion tool for an SDK that allows you to build parts of apps in native
code. For example, it’s the Android NDK that allows Mozilla to make
Firefox for Android.
There’s currently no plans to make an NDK for Windows Phone 7 phones —
hence Sayre’s post. Without it, a version of Firefox for the OS is probably unlikely. And
that’s may be a good bet anyway, considering Microsoft seems to be pivoting its new phones
closer to the iPhone’s closed model rather than Android’s open one.
Sayre’s approach to the post apparently didn’t go over too well —
he quickly followed up with an apology post, “Things I’ve
Learned.” “Blog posts that sound like Jim Anchower really
irritate people for some reason. I won’t do it again, I promise,” he writes.
CrunchBase InformationMozillaSteve BallmerInformation provided by CrunchBase


|
PSP Updates -
8 hours and 31 minutes ago
There has been a lot of talk floating around about Sony's plans to start charging
(qjnet/playstation-3/peter-dille-sony-actively-thinking-of-charging-for-psn.html) for PSN.
According to SCEA CEO Jack Tretton, they're not going to do
|
PlayStation 3 -
8 hours and 31 minutes ago
There has been a lot of talk floating around about Sony's plans to start charging
(qjnet/playstation-3/peter-dille-sony-actively-thinking-of-charging-for-psn.html) for PSN.
According to SCEA CEO Jack Tretton, they're not going to do 
|
Read/WriteWeb -
9 hours and 30 minutes ago
In the
next few weeks, the ReadWriteWeb events guide will take you from New York City, to San Francisco,
to Portland, Oregon. Along the way you'll find a conference on search engine strategies, a
showcase for startups, an in-depth look at the freemium business model, and a day filled with of
social media case studies.
How do you like your events calendar? As a
world map? As an
iCal (and Google Calendar-importable) file? You can also import individual events using the
link beside each entry. Know of something cool taking place that should appear here? Let us know
in the comments below or contact us.
Sponsor
22 – 26 March 2010: New York City
Search Engine
Strategies New York Conference & Expo
Go beyond search at Search Engine
Strategies New York. Learn the newest trends, strategic action plans, and technology that
industry leaders are employing today. Our experts will trace the natural evolution of search
exploring topics such as: digital asset optimization, mobile application development, transition
from search to discovery and more.Book your pass today. Enter RWW15 to save 15% off the
registration. Sessions include:
- Digital Asset Optimization
- Deep Dive Into Analytics
- Augmented Reality: It's a Brave New World
- Bringing SEO In-House: The Pros and Cons
- Advanced B2B Search Marketing
- Duplicate Content & Multiple Site Issues
23 March 2010: San Francisco, California
S.F. Beta 4.0
After a long winter's hiatus, S.F. Beta is back, for its forth year straight! Join
hundreds of founders, investors, developers, and technologists for a lively evening of demos,
drinks, conversation, and new connections. Early bird
tickets are available, and they're going fast. Register now for discounted admission. As
always, we feature startup demos all night. This time around, the theme is Search &
Discovery. If you're building the next Google (or the next Google acquisition), we want you here!
Email cperry@sfbeta.com for more info.
26 March 2010: San Francisco, California
Freemium Summit
The first Freemium Summit is a one day
event focused on exploring what it takes to succeed under the freemium business model. Across all
segments of the media landscape, entrepreneurs and executives are pioneering models that combine
a free offering with a premium, paid offering. This hybrid business model is one of the most
exciting areas of business model innovation impacting the world of media and the Freemium Summit
will explore the most important topics on the minds of leading practitioners.
Confirmed Speakers: Toni Schneider, Automattic (WordPress); Matt Brezina, Xobni; Aaron Levie,
Box.net; Phil Libin, Evernote; Tom Conrad, Pandora; Drew Houston, Dropbox; Ranjith Kumaran,
YouSendIt; Ben Chestnut, Mailchimp; Lance Walley, Chargify; Isaac Hall, Recurly; and Lincoln
Murphy, Sixteen Ventures.
March 29, 2010: Portland, Oregon
Social Fresh Portland
The social media conference for marketers, Social Fresh is not about concept, but focused purely on
case studies from the front lines. Learn what social media can really do for business bottom
lines. Over the course of the day, you'll hear from 35 speakers from companies like Intel, Ford,
Comcast, Nike and many more, as well as keynote Peter Shankman. Register now and use coupon code RWW15 for 15% off.
4 April 2010: Carnegie Mellon University, Pittsburg, Pennsylvania
ConnectNow
TEDx CMU is an independently
organized TEDx event that will be held on April 4th, 2010 at Carnegie Mellon University and will
feature a full day of talks by prominent speakers as well as recorded videos from past TEDTalks.
Confirmed speakers include Jonathan Fields (author, blogger and entrepreneur), Stacey Monk
(founder of Epic Change, a startup nonprofit), Chase Jarvis (photographer, director and social
artist) and Nathan Martin (CEO of Deeplocal, an innovation studio in Pittsburgh).
The theme of the event is "Fearless", and we are inviting speakers from cross-disciplinary
backgrounds to talk about their experiences, and tell us a little about what inspires them to be
fearless in the pursuit of goals. We hope to spark discussions and foster connections between
participants, encouraging aspiring individuals to follow their dreams and make a difference. The
event is free to attend, and the application deadline is March 21, 2010.
For more information about the event, visit tedxcmu.com or email
info@tedxcmu.com. You can also find TEDx CMU on Facebook
or follow us on Twitter.
7 – 9 April 2010: Sydney, Australia
ConnectNow
ConnectNow brings together international
specialists and thought leaders in social media, emerging technologies and their intersection
with business. Learn how the realtime web, location based services, augmented reality, ubiquitous
computing and personalised services are changing marketing and communications. Understand the
importance of trust in relationship marketing and what is "social currency". For more info email
info@connectnow.net.au.
13 – 15 April 2010: Dallas, Texas
PubCon South
PubCon, the premier search
and social media conference, features the industry's biggest names and key players shaping the
future of the Web. PubCon South will include
cutting-edge panel sessions exploring tracks dedicated to search, social media and affiliate
marketing, an intensive professional search and social media training program, and some of the
world's top keynote speakers. PubCon South at Dallas will also hold a one-day, two-track slate of
intensive educational training programs led by some of the industry's most respected search
professionals. The event takes place at the Richardson Conference and Civic Center. Register
here.
16 April 2010: Mountain View, California
Under the Radar: Cloud
Under the Radar: Cloud is must-attend
event for dealmakers and heads of IT from large enterprises, SMBs, service providers, carriers
and media companies who are responsible for helping their companies leverage new technology and
innovation in the fast-evolving IT ecosystem. Join us for the 15th Under the Radar conference,
featuring a hand-picked selection of the world's most innovative cloud startups among 350 top
tech, media, telcom and finance executives. For ticket and more information, visit http://undertheradarblog.com.
16 – 17 April 2010: Royal Oak, Michigan
FutureMidwest
FutureMidwest is the region's largest technology and knowledge
conference. Founded by Adrian Pittman, Jordan Wolfe and Zach Lipson, FutureMidwest is the fusion
of two successful conferences held in Michigan in 2009 - the Module Midwest Digital Conference
and TechNow.
Both conferences highlighted how technology and digital tools have dramatically changed the way
we do business and the effect this transition has had on companies. FutureMidwest kicks things up
a notch with presentations, group breakout sessions, relationship-building opportunities and
influencers who are taking action to redefine business in the digital age. Register here.
April 19, 2010: St. Louis Missouri
Social Fresh St. Louis
The social media conference for marketers, Social Fresh is not about concept, but focused purely on
case studies from the front lines. Learn what social media can really do for business bottom
lines. Over the course of the day you'll hear from 35 speakers from companies like Ford, Best Buy,
Scottrade, Hardees, CMT and many more. Register now
and use coupon code RWW15 for 15% off.
19 – 21 April 2010: San Francisco, California
DrupalCon
DrupalCon is
the premier conference focused on Drupal, the award-winning open source content management
framework that is galvanizing social publishing and web development today. For a registration fee
of $195, attendees get three full days of sessions led by the best and brightest Drupal
experts.
Drupal has been downloaded over 2 million times since its inception, and project growth has
doubled annually for several years. Drupal is used to deliver a wide variety of application types
including blogs, wikis, community networks, digital media portals, and web content publishing and
management.
26 April 2010: San Francisco, California
Future of Money and Technology Summit
The Future of Money & Technology
Summit will bring together the best and brightest thinkers around money, including
visionaries, entrepreneurial business people, developers, press, investors, authors,
solution/service providers, and organizations who work where cash and commerce collide. We meet
to discuss the evolving ecosystem around money in a proactive, conducive to dealmaking
environment. Featured speakers include Jolie O'Dell from ReadWriteWeb, as well as representatives
from Wells Fargo Bank, Kiva, SharesPost, Jambool, Founders Fund, Outright.com, SoftTech VC, and
many more.
Use discount code "rww" to get 10% off registration.
7 May 2010: Mountain View, California
ReadWriteWeb Mobile Summit
2010
The ReadWriteWeb Mobile Summit 2010
will be an exploration of the latest Mobile development trends - both the technology and the
emerging business applications. Get ready to explore, think and create the future of Mobile with
the brightest in the industry, your peers! As in our last Summit, The Real-Time Web, the
ReadWriteWeb Mobile Summit is an unconference.
An unconference is a participant driven conference where the agenda is created
on the day, in real-time and discussions are lead by conference participants. Read about the history of unconferences.
We will have two main tracks at this Summit - Development and Business - so the Summit will be of
interest to managers, marketers, developers, innovators, entrepreneurs and thought leaders alike.
Here's a sample of some of the topics we'll explore in both of these tracks.
Click here to register now, or to become a sponsor, or to help shape the
conference.
11 May 2010: San Francisco, California
FinovateSpring
FinovateSpring 2010 will again showcase the most cutting-edge
financial and banking technology innovations to Silicon Valley and the world. With Finovate's
signature mix of short, fast-paced onstage demos (no slides are allowed) from handpicked
companies and intimate networking time with their executives, this conference packs a ton of
unique value into a single day.
Come see the cutting edge of banking and financial technology and network with hundreds of the
leading financial executives, venture capitalists, press, industry analysts, bloggers and fintech
entrepreneurs. Early bird registration
rates are available.
May 17 2010: San Francisco, California
SF MusicTech Summit
The SF MusicTech Summit
will bring together 700-plus visionaries in the music/technology space - the best and brightest
entrepreneurs, developers, investors, service providers, journalists, musicians and organizations
who work with them at the convergence of culture and commerce. We meet to discuss the evolving
music, business and technology ecosystem in a proactive, conducive-to-dealmaking environment.
Enter the discount code "rww" to get 10% off.
25 – 27 May 2010: Denver, Colorado
Glue
Glue is the only conference devoted
solely to exploring the problem-sets facing architects, developers and IT professionals in a
"post-cloud" world. Glue focuses on the APIs and protocols (Twitter, Facebook, Websockets,
PubSubHubBub, XMPP), formats and standards (RDF/Linked Data, JSON, Microformats, HTML5),
platforms and providers (Amazon, Rackspace, Google App Engine, Salesforce.com, Eucalyptus),
Identity Protocols (OAuth/WRAP, SAML, OpenID, SPML) emerging NoSQL data models (Cassandra,
CouchDB, MongoDB, Riak, HBase), and other mechanisms that are building the post-cloud world.
ReadWriteCloud will be blogging live from Gluecon and CloudCamp, and ReadWriteWeb's Alex Williams
will be moderating the "Managing Complexity in the Cloud" session. Please join us May 25-27 in
Denver, Colorado. ReadWriteWeb readers can receive 10% off of
registration by using the code "RWW12".
15 – 16 June 2010: New York City
Corporate Social Media Summit
The Corporate Social Media Summit is a
two day conference focused exclusively on how big businesses can take advantage of social media
to enhance their marketing/comms strategy. Featuring:
- Practical and relevant insights from peers who have already used social media successfully
- 20-plus corporate speakers (including
PepsiCo, Whole Foods, Dell, McDonald's, General Motors, Citi, Johnson & Johnson),
- Best practice, benchmarks and practical next steps you can use to take advantage of social
media in your business
- A tightly-focused agenda with 14 in-depth,
practical workshops giving you knowledge on only the most critical business issues surrounding
corporate use of social media
Save $400 if you quote RWW400 when booking. Book here.
29 – 30 June 2010: London
Cloud Computing World Forum
The 2nd annual Cloud Computing World Forum is
the perfect event to learn and discuss the development, integration, adoption and future of cloud
computing and SaaS. Building on the success of the 2009 show, this two day conference and
free-to-attend exhibition will provide a focused platform for the global cloud and SaaS industry.
Show highlights include:
- Co-located with CloudCamp London
- Co-located with Green IT conference
- Free-to-attend exhibition with seminar and scenario theatre
- Free-to-attend evening awards presentation
- Hear from leading case studies on how they have integrated cloud computing and SaaS into
their working practices
- Learn from the key players offering cloud and SaaS services
- Evening networking party for all attendees
5 October 2010: New York City
FinovateFall
FinovateFall will return to Manhattan on Tuesday, October 5 to
showcase dozens of the biggest and most innovative new ideas in financial and banking technology
from established leaders(...)

|
TechCrunch -
13 hours and 59 minutes ago
When I
came to the U.S. in 1980, I was young and naïve. I used to think that corruption and ethical
lapses were just a third-world ill. Eventually, I became a tech CEO and learned the harsh
realities of American business. Yes, standards are much higher, and breaches are punished, but
the temptations are just the same here as they are in any other country. Ethical lapses (which
are a form of corruption) are quite common. You watch stories about these on TV
every other day and read about them on TechCrunch. It was the ethical lapses of our
financial institutions that threw our economy into a tailspin, and for which we are paying the
price, after all.
It is best to be aware of the temptations and to prevent the lapses from occurring. As Enron,
Bernie Madoff, and Lehman
Brothers have shown, it’s a slippery slope. Once you start compromising your values for
short-term gains, there is no turning back. Business ethics are not something you need to start
worrying about when your company reaches a certain size; they need to be sewn into the fabric of
your startup from the get-go. The lessons are the same for tech businesses as they are for
investment banks and for third-world economies.
Harvard Business School professor Michael Beer
researched the difference between companies that perform at high levels for extended periods and
those that implode when they reach a certain size. When analyzing the spectacular failures in the
recent financial meltdown, he found that:
· Of the original Forbes 100 (named in 1917), 61 had ceased to exist by 1987.
 Of the remaining 39, only 18 stayed in the top 100, and their return during the
period 1917 to 1987 was 20% less than that of the overall market.
· Of companies in the original Standard & Poor’s 500-stock index of 1957, only
74 remained in 1997; of these, only 12 outperformed the S&P 500 in the period 1957 to 1998.
· The average CEO tenure in the U.S. is 4.2 years, less than half the 10.5-year average in
1990.
Beer posited three core reasons for the failure of so many Wall Street firms in the fall of 2008:
the firms lacked a higher purpose (in other words, they were focused on short-term gains,
profits, and bonuses); they lacked a clear strategy; and they mismanaged their risk. Companies
like Charles Schwab and US Bancorp were able to avoid the fallout by having a laser-like focus on
customer service and on honesty and transparency. Neither company touched the subprime mortgage
securitization market, because they saw it as risky and simply not the kind of business that
served the company’s long-term interests.
Even outside Wall Street, companies like Cisco Systems, Southwest Airlines, and Costco Wholesale,
with the strongest sense of higher purpose, achieved the greatest success. Take Costco. Wall
Street analysts have long chastised Costco’s management for paying high wages and keeping
employees around for a long time, because this results in higher benefits costs. But the
company’s CEO, Jim Sinegal, lives by his belief that keeping good employees is strategic
for Costco’s long-term success and growth. The company’s per-employee sales are
considerably higher than those of key rivals such as Target and Wal-Mart; customer service at the
stores is phenomenal and fast; and Costco continues to expand, both in number of warehouses and
in products and services for business and consumer customers. The culture of the company flows
downward from Sinegal and his focus on employees and, by extension, to customers.
One of the problems that Beer found with the failed banks was that their employees lacked the
ability to “speak truth to power”. Employees felt intimidated by superiors; the
institutions’ internal voice of conscience and purpose was silenced by a maniacal focus on
short-term profits and whatever scheme would bring them in. The silencing of employees who sought
to challenge strategy and risk-management practices likely also undermined the banks’ moral
authority and emboldened those who already felt inclined to do the wrong thing. With a muted
internal voice, these organizations lacked a moral compass. As a result, they drove off a cliff
with astonishing speed.
The same things happen in Silicon Valley companies. Â I asked
management guru — and head of the CEO
Institute of Yale School of Management — Jeff Sonnenfeld for his advice on how
startups can sow the seeds for building a Cisco or Costco. Here is Jeff’s advice:
1)Â Create a culture of openness and welcome dissent
– Internal constructive critics are your best friends — too
often, founders are blinded by their own enthusiasm for their creative vision and then are
surrounded by sycophants, kissing up. Founders who fall out of touch rapidly lose their ethical
bearings. At Intel, founder Robert Noyce and Gordon Moore did not look for sycophantic followers
in selecting the brilliant, contentious, but relentlessly honest Andy Grove as their colleague
and successor. Similarly, Craig Barrett and Paul Otellini have consistently fought for different
points of view internally — without undermining the enterprise, and always
reinforcing Intel’s self-critical core ethic.
2)Â Lead by example. Â The authenticity of the
leader’s character is essential — if colleagues don’t believe you,
they will not take needed risks on your behalf — such as training subordinates
to be able to do their own jobs. Â Startups are often defined by the hip
clichés of VC firms, adoring press, and HR consultants — but the
startups don’t really practice what they preach.
3)Â Learn from immediate peers or distant models. Too often,
founders atrophy because they believe that the unique quality of their business or technological
mission means that they too are truly unique in leadership values. Steve Jobs has
patterned himself after Polaroid founder Ed Land — and tried to learn from
Land’s strengths and weaknesses. Henry Ford regretfully once claimed
“History is bunk” but in reality revered Thomas Edison. Michael Dell put
legendary tech entrepreneur (Teledyne) and educator Dr. George Kozmetsky on his board right from
the start to learn from this brilliant then septuagenarian.
4)Â Recognize your own fallibility as a leader, know your limits, and beware
of the myth of immortality. Entrepreneurs often are horrified at the
thought of leadership succession. The founders of great firms such as Google, Cisco, Amgen, and
Microsoft have known that they would need to prepare for a day when they no longer could be the
lone day-to-day internal boss, primary external ambassador, and symbolic cultural icon. The
founder of the original (pre-Starbucks) coffee house chain Chock-Full-o-Nuts started his first
café on Broadway 43rd Street in 1923 and was a great national
success. Sadly, sixty years later, as a dying man who had been flat on his back for
two years at Massachusetts General Hospital in Boston, he still clung to the job of leader of the
enterprise, his full-time physician serving as acting president.
5) Remember that institutional character — like a liquid
cupped in your hand — is fragile; easily lost; and hard, if not impossible, to
regain. Egomaniacal moves, personal grandiosity, greed, and deception create impressions
that are hard to erase. Whole Foods founder, John Mackey, sabotaged the integrity of
his own exalted brand, damaging the company’s internal pride and customer admiration far
more badly than any competitor could have, due to his self-inflating and his misleading
“anonymous” blogging, hiding his identity through an anagram of his wife’s
name, “rehodab.”
I’ll add another very important point: Establish an independent board.
Venture firms often demand a majority of board seats as a condition for their investments.
Conflicts invariably arise. The board begins to serve the needs of VCs and management, rather
than of the company itself, which loses the independent voice to warn it not to do the wrong
things. The inconvenient truth is that all board members have a fiduciary duty to act in the
interests of the company, and not in their own interests. Board members must not engage in
transactions in which they or their partners stand to gain. They are legally required to avoid
these conflicts of interest.
Finally, remember that in business, you have to make tough choices at every juncture. Though
business decisions usually have clear consequences and outcomes, ethical decisions are always
hard. Making the right choice doesn’t always bring success, but ethical lapses almost
always lead to failure. No matter what the consequence, doing what’s ethical and right is
always the better long-term strategy.
Editor’s note: Guest writer Vivek Wadhwa is an entrepreneur turned
academic. He is a Visiting Scholar at UC-Berkeley, Senior Research Associate at Harvard Law
School and Director of Research at the Center for Entrepreneurship and Research Commercialization
at Duke University. Follow him on Twitter at @vwadhwa.


|
PlayFrance : News PS2, PSP et PS3 -
16 hours and 8 minutes ago
Alors qu'il se confiait à notre confrère Geoff Keighley dans le dernier numéro
de l'émission GameTrailers TV, Jack Tretton, président et CEO de SCE America, a
évoqué Killzone 3 et...
|
linkfilter.net - fresh links -
16 hours and 44 minutes ago
Universal Music Group (UMG) is embarking on one of the most ambitious efforts yet to boost U.S. CD
sales, with the test of a new pricing structure designed to sell most new releases by current
artists at $10 or less at retail. The major's "Velocity" pricing program responds to
the continuing plunge in CD sales, taking aim at brick-and-mortar retail stores that have scaled
back on floor space dedicated to music. The pricing adjustments will also bring CD prices more in
line with what consumers pay for digital albums at online retailers like iTunes and Amazon.
"We think it will really bring new life into the physical format," Universal Music Group
Distribution chairman/CEO Jim Urie says.
|
Christophe Lefevre | Le Weblog de Bleebot -
17 hours and 46 minutes ago
Si l’iPhone a su le rendre cohérent l’utilisation d’un écran
tactile comme unique support pour contrôler des jeux , l’iPad pose encore quelques
doutes aux éditeurs.
Pour ceux-ci, bien que les jeux iPhones soient nativement compatibles avec l’iPad, ils ne
conviennent pas forcément au format de l’appareil. Pourtant, l’iPad sortira le
3 avril et peu de nouveaux développements adaptés sont actuellement
annoncés.
Chez Ngmoco, 6 titres sont tout de même prévus à la sortie de la tablette
mais Neil Young, CEO de la société avoue être un petit peu déçu
du résultat que donne leurs jeux sur plus grand écran. Ils préfèrent
attendre les premiers retours avant de spéculer sur d’autres titres.
Ngmoco est un éditeur important sur iPhone qui a notamment racheté Freeverse.
A suivre sur L’iPad et les jeux

|
Joystiq -
19 hours ago

Stardock CEO Brad Wardell will take a " sabbatical" after shipping Elemental:
War of Magic later this year. It's not unheard of to take some time off after shipping a
major product in the industry ( horrible
example), but Wardell isn't traveling the world. No, instead he's having a full-on geek out:
he's goin' modding.
Wardell explained to Joystiq, "It's more than a vacation. For the past year I've been doing
multiple jobs at once -- running Stardock,
managing external game development, coding on Elemental, building a house, and writing
a book. I typically start work at around 8am EST and work until around 11pm and do this every
day -- seven days a week -- though recently I've been getting in some Starcraft 2 time. But it has averaged around 80
hours a week overall."
The executive explains that he wants to mod Elemental to make all kinds of other games and
get as much out of the Kumquat engine (the company's new game engine) and
Impulse Reactor as possible. Then take those lessons and show it to other developers. He also
plans to work on Civilization V mods,
which uses the same mod program as Elemental. Wardell expressed the time off "won't affect
Stardock's product scheduling at all," he'll still be working on stuff. A lot of that stuff just
happens to be modding.
[Via
Big Download]
Stardock
CEO going on modding sabbatical after Elemental ships originally appeared on Joystiq on Sat, 20 Mar 2010 04:00:00 EST. Please see our terms for use of feeds.
Read | Permalink | Email
this | Comments

|
Joystiq -
19 hours ago

Stardock CEO Brad Wardell will take a " sabbatical" after shipping Elemental:
War of Magic later this year. It's not unheard of to take some time off after shipping a
major product in the industry ( horrible
example), but Wardell isn't traveling the world. No, instead he's having a full-on geek out:
he's goin' modding.
Wardell explained to Joystiq, "It's more than a vacation. For the past year I've been doing
multiple jobs at once -- running Stardock,
managing external game development, coding on Elemental, building a house, and writing
a book. I typically start work at around 8am EST and work until around 11pm and do this every
day -- seven days a week -- though recently I've been getting in some Starcraft 2 time. But it has averaged around 80
hours a week overall."
The executive explains that he wants to mod Elemental to make all kinds of other games and
get as much out of the Kumquat engine (the company's new game engine) and
Impulse Reactor as possible. Then take those lessons and show it to other developers. He also
plans to work on Civilization V mods,
which uses the same mod program as Elemental. Wardell expressed the time off "won't affect
Stardock's product scheduling at all," he'll still be working on stuff. A lot of that stuff just
happens to be modding.
[Via
Big Download]
Stardock
CEO going on modding sabbatical after Elemental ships originally appeared on Joystiq on Sat, 20 Mar 2010 04:00:00 EST. Please see our terms for use of feeds.
Read | Permalink | Email
this | Comments


|
TechCrunch -
1 days and 1 hours ago
I didn’t have the same problems at SXSW this year
that some people did. Was it too crowded at some events? Sure.
But there were plenty of alternative things to do. Did some of the keynotes bomb? Yes.
But there were plenty of other things to listen to. Did AT&T fail? No. Actually, they
did an awesome job keeping the
network up. Instead, I had a problem of a different kind: check-in fatigue.
Seeing as location was this
year’s Twitter at SXSW, and seeing as I write a lot about location, I wanted to try to
use as many of the services as I could during the actual conference. I drastically underestimated
how much work that would actually be.
At first, I was using all of the services I had on my phone to check-in when I arrived at a place
in Austin. This included: Foursquare, Gowalla, Loopt, Whrrl, Brightkite, Burbn, MyTown, CauseWorld, Hot
Potato, Plancast, and (at certain places) Foodspotting. Even with great AT&T service, this would take a
solid 10 minutes or more to check-in to all of them. And it took even longer when I’d have
to pause to explain to my friends what the hell I was doing on my phone all that time.
This was at every venue we stopped at. The situation simply wasn’t tenable.
By the second day, I had cut the services I would check-in to in half. It still wasn’t
close to being something I would consider doing on a regular basis. By the end of my
time in Austin, I was down to using only two services — yes, the two in the
midst of the
“war” — Foursquare and Gowalla.
Pretty much everyone I knew in Austin were also using both Foursquare and Gowalla to send out all
their check-ins. And all seemed to agree: it was still too tedious to use even just two services
to do the same thing. In the end, there should be only one.
And so it should be no surprise that a few companies are already working on a solution for this
problem. One is by the creators of Brightkite, who managed to obtain the killer check.in domain name. The team showed me a preview of the app at a party
one night, and I immediately knew it was exactly what I needed (see a
preview of it here).
But there’s a problem with this solution too. Currently, Gowalla’s API is read-only,
which means you actually can’t use another app to check-in to the service. I spoke with CEO
Josh Williams a bit about this just prior to SXSW, and he noted that the main thinking behind
this is to maintain the user experience Gowalla is looking for (a very Apple-like argument). But,
he did say that eventually he thinks they will open up a two-way API — maybe
once they have time to create some best practices documentation, he noted.
Another problem is that currently each of these check-in services has their own places database.
That means that a place on Foursquare may be slightly different than a place on Gowalla, even
though they’re technically the same place. Worse, there are plenty of duplicates for some
venues since people are allowed to create their own. Check.in works around this place problem by
doing a look-up on each service and letting you pick the correct check-in spot. But it’s a
bit slow, and still seems rather tedious.
A better solution would be for the various services to adopt a standard for places. The Activity Streams group is working
on such a concept. Yahoo may also be able to implement such a system on top of its WOEID system. Of course, any
service that adopts such a standard would be risking at least part of their business since these
place databases are one of the keys to each service.
Meanwhile, Facebook is thinking about aggregating data from
both Foursquare and Gowalla for its own upcoming location implementation. Might that be the
one location stop to rule them all (of course, the writing back to Gowalla would still likely be
an issue)? Not if Twitter has anything to say about it.
I love that all these startups are
emerging around location right now (at least a dozen more have emailed me just since
I’ve been back from SXSW). But I’m starting to worry that this is going to turn into
a repeat of the social wars, where we all have 15 different profiles we constantly have to
update across a range of networks.
During our Realtime Crunchup last year, I brought up this issue during our panel on
location. All the players on stage (including Twitter, Foursquare, Hot Potato, Google
Latitude, GeoAPI, and SimpleGeo) seemed to want to say that they could all get along and play
nicely together for the betterment of location as a whole. I didn’t buy it then, and
I’m definitely not buying it now.
From a business perspective, it doesn’t make sense for these guys to all play nicely with
one another and make it so you don’t have to use their services. The need to take steps to
ensure that you will use their
service, and will do so instead of a rival service. That’s the way it works, and
that’s the way it has always worked. And that’s why it’s a war. Right now,
it’s just the early stages where all sides are arming themselves. Soon, they’ll try
to kill one another. And that may not be such a bad thing.
[photo: flickr/intagiblearts]
CrunchBase InformationFoursquareGowallaFacebookTwitterInformation provided by CrunchBase


|
TechCrunch -
1 days and 4 hours ago
During my recent trip to India, I flew down to Bangalore for one
reason: To meet N.R. Narayana Murthy. Murthy is the co-founder, executive chairman and former CEO
for 21 years of Infosys, the first Indian company to go public on Nasdaq and effectively the
company that began the $30 billion Indian IT outsourcing market.
Murthy’s idea was so successful that it quickly became controversial—not
only within the United States where some Americans feel Indians are “stealing jobs,”
but also in India where many are concerned about a tech economy that doesn’t make
anything. I wanted to meet with Murthy, because in many ways he’s the best person to
address what Indians at home and abroad are facing and where Indian entrepreneurship goes from
here.
Here are a few highlights from our meeting:
His Day Job. Murthy thought he was stepping down from Infosys back in 2002, but
he couldn’t fully let go. As such, he still works pretty much full time for the company,
traveling to meet with customers and running a lot of the company’s mentoring and training
programs. The more surprising aspect of his job: He personally signs off on the architecture of
every building on each one of Infosys’ campuses that employ some 17,000 people around the
world. The one we were sitting in was spread of eight acres and had some remarkable buildings,
including one that looked like the Luxor casino in Las Vegas.
I asked why this was a top priority—after all, many Valley campuses are plush
but from an architecture standpoint look about the same. He said when GE and other American
multinationals were starting to come into his business everyone thought Infosys would lose the
local talent war. So Murthy studied why people want to work at a particular place. One of the
results was the comfort and design of the facilities. That was in 1994 when Infosys was designing
the very building we were sitting in as we had this conversation. “I’ve been in
charge of every building since– all over the world,” he says.
Hurting or Helping Local Entrepreneurship? Given exactly how plush Murthy and
his colleagues have worked to make Infosys, has he indirectly hurt Bangalore’s
entrepreneurship scene by making the risk of leaving so daunting? He smiled when I asked this and
said, “We may have unwittingly. But I do feel like the spirit of entrepreneurship is alive
and kicking in Bangalore.”
Further, I asked about Bangalore’s Zippo-flipping, free-spending generation of young
techies who’ve graduated to a huge wave of multinational jobs that pay them far more than
their parents ever made, in many cases more than the rest of their families combined. Murthy
didn’t deny that that instant-gratification, “gimmie” contingent was strong in
the city he helped build, economically speaking. But he blames the Internet and the
mass-cross-pollination of Western pop culture, not the bigger paycheck from companies like his.
“We are moving towards a uniform, global culture with an intense competitive spirit and an
intense desire for instant gratification,” he says. “But I have a firm belief that
each generation is better than the previous one. The Indian entrepreneurs today are more daring
than we were.” (This from a man who became a capitalist after after hitchhiking across
communist Eastern Europe and getting thrown in jail for chatting up someone’s girlfriend on
a train. “More daring” is a tall order, young Indian techies.)
Is India’s Tech Community Too Addicted to Services? Clearly, services has
been a great business for Infosys and the hundreds of dollar-millionaires and even more
rupee-millionaires that the company’s generous stock program has created. But a lot of
Indian CEOs and investors complain that in most cases services-based tech businesses are a great
way to get revenues quick, but not a way to build a huge, high-growth business. There’s a
big question of whether India’s tech sector has a worrying lack of product-building
know-how.
Murthy says it’s a progression. “India missed the industrial revolution, but Indians
had intelligence,” he says. “We had to make do with pen and paper. We were always
forced to look at the abstract. What is happening in India today is the creation of jobs.
Let’s create jobs as long as they are legal and ethical, it doesn’t matter, as long
as we make money. The time will come for creating products. I wouldn’t lose sleep over
this. If we create enough jobs we’ll raise the confidence of the youngsters and
they’ll create products.”
India’s Infrastructure. Here’s something it’s hard for even
Murthy to be upbeat about: India’s shoddy physical infrastructure. Murthy has traveled the
world and it’s frustrating that so much money has poured into the country he loves, and
yet, the infrastructure is still so shockingly bad.
There is progress—Infosys for instance has benefited from a new overpass that
cuts down on the drive to the campus by more than thirty minutes. (See!) But it’s
not moving nearly fast enough, he says. “I don’t know if we will reach the level of
the United States or China,” he adds.
Murthy gave a more nuanced explanation than the usual “it’s corruption” answer
you get in India. He explained that 65% of India’s population lives in rural areas and 35%
live in cities. And there’s such polarity between the quality of life that politicians have
to appear to be doing more for the villages than the cities if they want to get re-elected. That
leaves prosperous economic cities blighted by poor sewage systems, pollution spewing generators
and beggars weaving through traffic tapping on car windows. “Different emerging nations
take different paths,” he says. “In China, they chose to emphasize giving people
economic freedom first and political freedom second. In India we chose the opposite path.”
Hurting or Helping US-based Indians? All you have to do is read the comments on
one of Vivek Wadhwa’s posts to see the ugly, anti-immigrant, anti-Indian fervor
that’s been whipped up in America, post-recession. A lot of it has to do with outsourcing.
I asked Murthy if he felt his company and industry’s huge success has indirectly made life
harder for Indian-Americans. He turned the blame on xenophobes like Lou Dobbs and grandstanding
politicians who use the wedge issue to get viewers and votes.
But it’s an issue he has to address a lot. He answers it by saying every morning he gets up
and gets a Pepsi out of his GE Fridge and drives his American car to work where he sits down at
his Dell computer. India used to have companies that made soft drinks, refrigerators, cars and
computers. But the American ones were better. Allowing them in hurt Indian workers in the short
term, but provided a far better quality of life for a much bigger swath of Indians long term. He
argues outsourcing has done the same thing for US companies. Greater efficiencies and
cost-savings enables these companies to stay competitive and there’s no reason they
can’t—in theory—plow those savings into better local
jobs or job training.
This argument isn’t going to pacify hate-mongers, because nothing will. Murthy knows that
too and while he regrets it, he seems to accept it as reality.
Advice for Entrepreneurs. Murthy has started a $170 million venture fund, so
although he spends most of his time still at Infosys, he clearly cares about encouraging the next
generation of entrepreneurs. He had two big pieces of advice for them. One, be able to articulate
what you do in one sentence. If you can’t, you don’t have a good idea. And two, make
sure the market is ready. Businesses are killed, not congratulated, for being ahead of their
time.


|
The Register -
1 days and 4 hours ago
'I could have died'
The über-private and über-reclusive Apple CEO Steve Jobs made a rare non-keynote public
appearance on Friday, joining California governor and action-film hero Arnold Schwarzenegger to
promote organ-donation legislation....
What is your
recession sales strategy?
|
paidContent.org -
1 days and 5 hours ago
As it promised back in January, Affiliated Media, the holding company for
newspaper chain MediaNews Group, has emerged for Chapter 11 bankruptcy protection. The owner of
the Denver Post and San Jose Mercury News was able to shrink its debt from a
staggering $930 million debt to a more manageable $165 million. That 82.3 percent reduction in
its debt, allowed it to end the bankruptcy period. This was a pre-packaged reorg, meaning its
lenders are all in agreement. None of the newspapers will be affected, and Dean
Singleton will remain chairman and CEO. Release
|
paidContent.org -
1 days and 5 hours ago
As it promised back in January, Affiliated Media, the holding company for
newspaper chain MediaNews Group, has emerged for Chapter 11 bankruptcy protection. The owner of
the Denver Post and San Jose Mercury News was able to shrink its debt from a
staggering $930 million debt to a more manageable $165 million. That 82.3 percent reduction in
its debt, allowed it to end the bankruptcy period. This was a pre-packaged reorg, meaning its
lenders are all in agreement. None of the newspapers will be affected, and Dean
Singleton will remain chairman and CEO. Release
|
MacNN | The Macintosh News Network -
1 days and 5 hours ago
 Apple CEO Steve Jobs on Friday made a surprise appearance at Lucile Park Children's
Hospital in Palo Alto, speaking beside Governor Arnold Schwarzenegger, according to a Mercury News
report. The public icons joined together to promote legislation designed to help increase the
number of organ donations in California....

|
NewTeeVee -
1 days and 5 hours ago
Let’s say it’s 2005 and online video is in its infancy. If you’re a Chad
Hurley, Steve Chen and Jawed Karim, how much would it cost to start up and run a video sharing
site with the hopes of flipping it for more than $1.6 billion? As of this week we know, thanks to
confidential Profit and loss information released as part of
filings that have been made public in the copyright infringement case between Viacom and
YouTube.
Based on those filings, we were able to put together some numbers about how much it cost to run
YouTube leading up to the Google acquisition. During the first 18 months of YouTube’s
operations, from February 2005 when the domain was first purchased through August 2006 when it
was desperately seeking acquirers, the fledgling video company spent more than $11.5 million to
grow its user base big enough to become attractive to Google.
Most of that money — about $8 million or so — went to paying for infrastructure
needed to run the site, with a vast majority of that money going toward the site’s web
hosting costs. In the three months from June 2006 through August 2006, the company was spending
about $1 million each month on hosting costs alone, and that wasn’t even taking into
account data center costs that YouTube was also paying for or ad serving costs as the firm began
selling its own advertising.
In addition to web infrastructure costs, YouTube had other operating expenses and personnel costs
to contend with. In the first 18 months of its existence, YouTube spent about $3.6 million on
employee compensation, travel, facilities, costs and the like. By November 2005, its regular
operating expenses were about even with infrastructure costs — at a little more than
$130,000 per month, but not long after that, the company’s web hosting bills really started
to take off as the video sharing site gained traction.
It wasn’t until December 2005 that YouTube started clocking revenue — a meager
$15,000 during that month — and by that point, the company had spent more than $400,000 on
operating and infrastructure expenses. But costs began to increase rapidly after that, and topped
out at about $2.6 million during August 2006 — just two months before Google’s
purchase of the company was made public.
YouTube was never profitable before the Google acquisition — in fact, it pulled in just $5
million in revenues during its first 18 months — but it came close in August 2006, which
might have been one reason that Google had an interest in the firm. That month, it posted
revenues of $2.5 million. The site did post a gross profit of more than $575,000 during the month
if you don’t take into account its monthly operating expenses. Otherwise, with total opex
of about $2.6 million, the site fell about $100,000 shy of hitting profitability.
The site raised about $11.5 million in two rounds of financing before being bought by Google in a
deal valued in excess of $1.65 billion in October 2006 — which wasn’t a bad return on
investment for YouTube’s investors or founders. Famously, though, YouTube has yet to reach
profitability, in part because Google had remained committed to growing its user base after its
acquisition.
As reported in Viacom’s filings, Google CEO Eric Schmidt mandated for the company to focus
on aggressively growing the site, aiming “to grow playbacks to 1b/day [one billion per
day].” That mandate remained in place until early 2008, when Schmidt decided the site
should shift its focus to monetization of its video assets. Since then, the company has been
increasingly focused on bringing more premium content to the site and increasing
the number of videos it can place ads against. That focus means that the online video site
might finally become
profitable this year, according to some analyst projections.
Related content on GigaOM Pro:
Will
Automated Rights Management Take Down Fair Use? (subscription required)


|
CrunchGear -
1 days and 7 hours ago

There’s been so much push for digital, downloadable content lately that we’ve almost
forgotten about our old friend, the compact disc. Even though CD sales are plummeting
each time our little planet makes another obit around that bright, flaming thing in the sky, the
big boys don’t seem to be willing to throw in the towel just
quite yet. In fact, UMG is working to implement a new pricing structure that will hopefully
bring CD prices down to a maximum of $10 a pop.
UMG plans to make up the difference with more units moved, and with a push for
“deluxe” versions of albums that will cost a bit more, but come with all sorts of fun
and exciting extras.
“We think [the new pricing program] will really bring new life into the physical
format,” Universal Music Group Distribution president/CEO Jim Urie
The new structure plans to keep a 25% wholesale profit margin. So an album you pay $10 for,
wholesellers will get for $7.50. We’ll see if that’s enough to get everyone on board
with the move. People already behind it include Newbury Comics CEO Mike Dreese and Trans World
Entertainment CEO Bob Higgins. The rest of the music industry doesn’t seem too excited
though.
But they’d better do something if they want to get CD sales out of their current nosedive.
2008 saw 360.6 million units, barely over half of the numbers in 2000. iTunes and other retailers
seem to have set 10 bucks as the magic number people will buy albums at. Granted, if people are
willing to shell out $10 for a digital album, a little more isn’t so unreasonable for a
physical copy. With art, liner notes, and all the rest.
Universal’s move here seems to show the music industry is finally starting to look into
some longer term solutions that just
suing everybody left and right. We’ll have to wait and see if any of the other big
labels make similar moves.
[Billboard]


|
TechCrunch -
1 days and 7 hours ago
Banks, cable companies, and utilities all want to get rid of their paper bills and get customers
on their electronic billing systems. Just as there were back-office billing providers for the
paper era, there are now back-office electronic billers. A company in Charlotte, North Carolina
called Transactis is one of them, and it just raised a $2.5
million round led by New York City-based Metamorphic
Ventures. CEO Joe Proto and other existing shareholders also participated in the round.
Transactis works primarily with banks and payment processors to take over the whole e-billing
process for them, from presenting the bills via email to collecting the cash. More and more
consumers are opting to go paperless (it’s the green thing to do), and companies save on
the paper, printing, and postage costs.
Email billing is a growth business, and Transactis is carving out a nice little niche for itself.
CrunchBase InformationTransactisMetamorphic
VenturesInformation provided by CrunchBase

|
BetaNews.Com -
1 days and 7 hours ago
By Scott M. Fulton, III, Betanews
The key issue at the heart of Viacom's case against Google and YouTube, filed in March 2007,
concerns whether an Internet service that probably knows that files are traded or shown
illicitly or without license there, deserves the "safe harbor" provisions of the Digital
Millennium Copyright Act that protect ISPs from liability for their customers' actions. In a
summary judgment motion filed yesterday with US District Court in New York and unsealed this
morning, Viacom is bidding to have the judge wrap up the case -- an obvious signal that it
believes its case is already strong enough.
As US law stands now, a service such as Grokster or the original Napster (not the Best Buy
division that today uses that name) is liable when it intentionally establishes its service for
the express purpose of trading in illicit files. It's especially liable when it finds some way to
advertise itself for that purpose. An Internet Service Provider such as Comcast or Cox is not
liable when its service is used for accessing one of these sites, when it doesn't advertise or
offer these services explicitly, and when a customer can access them without direct intervention
from the ISP. And a video site such as Veoh
is not liable when any measure it might take to stop customers from sharing illicit files may
also conceivably infringe upon the free speech rights of other customers who may not be trading
such files.
Google, the current owner of YouTube, has been arguing the Veoh case in its own defense. But
Viacom's argument -- which courts have been wrestling with for over two-and-a-half years and
which we now know today -- is that YouTube is a different, special case. It's more like Grokster,
it argues, in that it was founded on the principle of gathering an audience around illicit files.
"Defendants are liable under Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd., because
they operated YouTube with the unlawful objective of profiting from (to use their phrase)
'truckloads' of infringing videos that flooded the site," reads the opening passage of YouTube's
founders single-mindedly focused on geometrically increasing the number of YouTube users to
maximize its commercial value. They recognized they could achieve that goal only if they cast a
blind eye to and did not block the huge number of unauthorized copyrighted works posted on the
site. The founders' deliberate decision to build a business based on piracy enabled them to sell
their start-up business to Google after 16 months for $1.8 billion. The Supreme Court in Grokster
found no legal or societal justification for such intentional copyright infringement."
FOR MORE:
In a talking points document released today (PDF available
here), Viacom cites various e-mails from various YouTube and Google executives, including
YouTube founders Chad Hurley (CEO) and Steve Chen (CTO). Assuming these excerpts were not taken
out of context, which is possible, they indicate that YouTube's founders were clearly building up
a high-audience business with illicit files at their core, with the intention of selling out to
somebody as soon as possible.
One excerpt has Chen suggesting that YouTube, apparently during its startup phase,
"...concentrate all our efforts in building up our numbers as aggressively as we can through
whatever tactics, however evil." Another suggestion, by an unnamed YouTube exec in response to an
non-excerpted suggestion -- apparently asking, where should be get all this content -- reads,
"Steal it! . . . We have to keep in mind that we need to attract traffic. How much traffic will
we get from personal videos?"
And one excerpt attributed to Chen suggests that the whole legal process of handling DMCA
takedown notices is so long and dragged on, that by the time YouTube should ever comply with one,
it would be too late anyway: "But we should just keep that stuff on the site. I really don't see
what will happen. What? Someone from CNN sees it? He happens to be someone with power? He happens
to want to take it down right away. He get in touch with cnn legal. 2 weeks later, we get a cease
& desist letter. We take the video down."
Viacom's argument that Google knows what kind of trafficking goes on via YouTube is substantiated
by evidence in the form of e-mails, evidently sent prior to its acquisition of YouTube, from
executives objecting to elements of what they perceived to be its business model. One message
from Google's then-VP of Content Partnerships David Eun (now with AOL) to CEO Eric Schmidt
cautioned, "I think we should beat YouTube . . . but not at all costs. [They are] a video
Grokster." And in another excerpt, an unnamed Google executive asks, "Is changing policy [to]
profit from illegal downloads how we want to conduct business? Is this Googley?"
Evidence cited in Viacom's motion for summary judgment tells the story of how Google Video failed
to be competitive against YouTube, even though its engineers persisted with efforts to filter out
illicit content. One memo cited says Google Video may have been throwing out 90% of its uploads,
for containing suspected copyrighted material or for being generally indecent.
"But Google's good intentions and compliance with the law were not paying off," Viacom argues.
"YouTube was way ahead of Google Video in the race to build up a user base. Google executives
understood that YouTube's success was largely due to what they euphemistically labeled its
'liberal copyright policy' of freely allowing infringing material. Losing the user race to
YouTube because of the latter's copyright infringement, Google Video executives engaged in a
'heated debate' in 2006 'about whether we should relax enforcement of our copyright policies in
an effort to stimulate traffic growth.' A top senior executive, Peter Chane, Google Video's
Business Product Manager, argued point blank that Google Video should 'beat YouTube' by 'calling
quits on our copyright compliance standards.' Chane specifically advocated switching Google Video
to YouTube's 'reactive DMCA only' policy because 'YouTube gets content when it's hot
([Saturday Night Live's] Lazy Sunday, Stephen Colbert, Lakers wins at the buzzer)' and
it '[takes us too long to acquire content directly from the [legitimate] rights holder.'"
It is that statement which Viacom appears to present as a smoking gun: a suggestion from a Google
Video executive that it should acquire its competitor solely because its allegedly illegitimate
business model is more successful than its own, legally compliant one.
In Google's memorandum in support of summary judgment in its favor, filed after Viacom, its
attorneys do not take the tack or rebutting Viacom's scorching citations -- which, if
substantiated, could theoretically become the basis for future criminal complaints.
Instead, Google reiterates the argument that it's a service provider which, like Veoh, is
entitled to safe harbor since it looks the other way, and does not actively seek infringing
uploads.
Citing the Veoh finding, Google's attorneys argue, "What matters is that Veoh 'established a
system whereby software automatically processes user-submitted content and recasts it in a format
that is readily accessible to its users...Inasmuch as this is a means of facilitating user access
to material on its Web site,' Veoh did not lose the safe harbor 'through the automated creation
of these files.' YouTube is indistinguishable from Veoh in these respects."
YouTube, Google argues, did not have direct knowledge of the circumstances whereby the specific
content Viacom claimed was infringed upon (much of it from Paramount) was shared with YouTube
users. Since Viacom's arguments must, at some point, focus themselves upon the specific
infringing of the content in question, the DMCA protects YouTube on that count as well, Google
continues. But all that may be moot, Google points on, by virtue of the fact that under current
US law, the alleged infringers must have directly profited from their actions. YouTube gains
revenue through advertising.
Writes Google, "A service provider loses safe harbor eligibility only if the plaintiff can show
both that the service provider had the right and ability to control the alleged
infringements and received a financial benefit directly attributable to those
infringements...As with knowledge, the DMCA's control inquiry is specific, not general. The
analysis focuses on the service provider's legal and practical control over the particular
infringing activity at issue. The statute's text makes that clear: The question is whether
the service provider has the right and ability to control "the infringing activity"
alleged by the plaintiff and to which a financial benefit is directly attributable."
A number of declarations in support of both motions were filed today. One supporting Google was
particularly interesting, because it goes to specifically that last paragraph: It's from the
owner of a marketing firm who promoted the works of recording artists who appear on MTV, a Viacom
property. He claimed that some of the very works Viacom claimed were infringed upon through
unauthorized uploading to YouTube, actually were authorized by none other than MTV
itself, as part of the promotion of the artists under his contract.
If Google's interpretation of the law is affirmed, and if this gentleman's claims are proven,
then this whole case could become history faster than a judge can even say "summary
judgment."
Copyright Betanews, Inc. 2010


|
Silicon Alley Insider -
1 days and 8 hours ago
Apple's iPhone App Store is still crushing its peers, especially in the number of applications
available to consumers.
Mobile apps have been around for years, but Apple was the first to make them popular with normal
people. Now everyone else in the mobile industry is struggling to catch up, and it's been a big
advantage for Apple's iPhone and iPod touch. (And, coming soon, the
iPad.)
Apple currently has about 170,000 apps available, according to AppShopper.com. Its next closest competitor, Google
Android, has about 30,000 apps available, a company exec recently
said. Research In Motion has more than 5,000 apps available, according to the company. And Palm has "over 2,000
apps" in its app catalog, CEO Jon Rubinstein
said yesterday on his company's earnings call.
Read the rest of this story »
See Also:

|
Silicon Valley Watcher--reporting on the business and culture of disruption -
1 days and 9 hours ago
By Dave Stubenvoll, Co-founder and CEO of Wowza Media
Systems. The recent introduction of Apple's iPad has re-opened discussion around Flash and
Flash support, or rather, Apple devices' lack thereof. While this discussion brings to light the
conflict between the two corporate agendas of Adobe and Apple, it isn't really about Flash or a
methodology that Apple picked for video delivery. What it does begin to lay out, however, is a much
larger discussion about online video. The discussion widens even further as supporters of
alternative technologies and approaches like Silverlight, HTML5, and others begin to chime in with
their thoughts on the current and future states of online video. While each approach has its
merits, all of the technology options just mentioned present challenges to the online video
industry that may not be obvious right off the bat. One would think that having multiple technology
options/platforms would be a good thing for businesses and consumers, and it is, but only when the
market dynamics are right for it.

|
Ars Technica -
1 days and 9 hours ago
Apple has been very busy on the mobile front, with the iPad launching in two weeks and iPhone OS
and hardware upgrades expected this summer. However, Apple hasn't forgotten about its Mac
business--sources for AppleInsider report that long overdue updates to Apple's Cinema Display and
Mac Pro will be also
appear by June.
Expected to join the 24" LED Cinema Display that Apple launched in October of
2008 is a 27" LED Cinema display based on the same panel currently used in the 27"
iMac. Issues with the panels caused
problems for Apple that resulted in shipping delays for the 27" iMac, though those problems
have been rectified. The 27" LED Cinema Display has the same resolution as the current 30" Cinema
Display, though it is 16:9 instead of 16:10. It's introduction should finally lay to rest the 30"
model, which hasn't been updated in three years.
Apple is also said to be wrapping up an update to its Mac Pro workstation towers, which have only
gotten a slight speed bump since they were introduced well over a year ago. Apple has been
waiting for Intel to release new 32nm Xeon parts, codenamed "Westmere-EP," which were officially launched this
week. These 5600-series Xeons have six cores compared to the current quad-core parts used in
current Mac Pros. The process shrink from 45nm offers a 60 percent performance boost while
maintaining the same power requirements of previous Xeons.
A Core i7-980X Extreme Edition processor, codenamed Gulftown, may be used in the lower-end single
processor Mac Pro model. However, there are slight architecture differences between the Core i7
and Xeon variants. Apple may simply offer a single Xeon option as it does now.
Apple is also dealing with the issue that MacBook Pros have also not been updated in some time,
despite the fact that mobile Core i3, i5, and i7 parts have been available since
January. The delay may be due at least in part by licensing issues. These issues have
prevented NVIDIA from building integrated controllers, like the 9400M used in all of Apple's
current portables, for Intel's newer processors. However, NVIDIA's Optimus platform may provide
the solution to work around the
problem and maintain the MacBook Pro's sever hour battery life.
Additional delays may also be caused by constrained supply of Intel's
mobile processors. Intel is reportedly giving priority to "major clients," according to
sources for DigiTimes, so our hope is that Intel counts Apple on that category.
Apple CEO Steve Jobs promised a number of exciting product introductions this year at the
most recent
quarterly earnings call. The coming months might give us a virtual cornucopia of new Macs to
choose from.
Read the comments on this post


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Apple Section - Ars Technica -
1 days and 9 hours ago
Apple has been very busy on the mobile front, with the iPad launching in two weeks and iPhone OS
and hardware upgrades expected this summer. However, Apple hasn't forgotten about its Mac
business--sources for AppleInsider report that long overdue updates to Apple's Cinema Display and
Mac Pro will be also
appear by June.
Expected to join the 24" LED Cinema Display that Apple launched in October of
2008 is a 27" LED Cinema display based on the same panel currently used in the 27"
iMac. Issues with the panels caused
problems for Apple that resulted in shipping delays for the 27" iMac, though those problems
have been rectified. The 27" LED Cinema Display has the same resolution as the current 30" Cinema
Display, though it is 16:9 instead of 16:10. It's introduction should finally lay to rest the 30"
model, which hasn't been updated in three years.
Apple is also said to be wrapping up an update to its Mac Pro workstation towers, which have only
gotten a slight speed bump since they were introduced well over a year ago. Apple has been
waiting for Intel to release new 32nm Xeon parts, codenamed "Westmere-EP," which were officially launched this
week. These 5600-series Xeons have six cores compared to the current quad-core parts used in
current Mac Pros. The process shrink from 45nm offers a 60 percent performance boost while
maintaining the same power requirements of previous Xeons.
A Core i7-980X Extreme Edition processor, codenamed Gulftown, may be used in the lower-end single
processor Mac Pro model. However, there are slight architecture differences between the Core i7
and Xeon variants. Apple may simply offer a single Xeon option as it does now.
Apple is also dealing with the issue that MacBook Pros have also not been updated in some time,
despite the fact that mobile Core i3, i5, and i7 parts have been available since
January. The delay may be due at least in part by licensing issues. These issues have
prevented NVIDIA from building integrated controllers, like the 9400M used in all of Apple's
current portables, for Intel's newer processors. However, NVIDIA's Optimus platform may provide
the solution to work around the
problem and maintain the MacBook Pro's sever hour battery life.
Additional delays may also be caused by constrained supply of Intel's
mobile processors. Intel is reportedly giving priority to "major clients," according to
sources for DigiTimes, so our hope is that Intel counts Apple on that category.
Apple CEO Steve Jobs promised a number of exciting product introductions this year at the
most recent
quarterly earnings call. The coming months might give us a virtual cornucopia of new Macs to
choose from.
Read the comments on this post


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