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At the MIX10 conference this past week, MAKE had a booth
embedded inside the Coding4Fun exhibit. We showed off MAKE magazine, some of our Make: Books, and a few kits. Our Coding4Fun neighbors had a
lot of great projects on display, including their Coding4Fun Cannon, which was a robotic t-shirt
launching platform with two barrels. What's more, it was controlled by a Windows Phone 7 app, and
they completed it in two weeks. Here's how Clint Rutkas of Coding4Fun described it:
Mid-February, we were asked to build a t-shirt shooting robot for the Mix conference on March
15th, 2010. This required us to pitch our vision and then research, build, test, and ship our
project--all in about 3 weeks. After Scott Guthrie gave us approval based on our SketchFlow demo,
we had to divide and conquer the application with only 2 weeks left to build the physical robot,
the server software, and the phone software. And on top of all that, since we were consuming an
unfinished product, everything had to have backup plans.
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.
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.
Watch this battle unfold. The virtualization wars are just getting started.
On one side we have Microsoft, which announced changes in its licensing structures this week. The
change reflects an understanding that the customer wants full access to its virtualization
platform and not be charged a tax for that right to access it on a PC, no matter if it is at work
or in their home.
And in true fashion, Microsoft is on the attack, Citrix at its side, in a full on fight with
VMware for the virtualization market.
Sponsor
On the VMware side, we see a company ready to move into Microsoft's customer base by offering
more than virtualization as witnessed with its recent acquisition of Zimbra. VMWare is gearing up
to tap into the Microsoft Exchange market by combining its virtualization technology with the
Zimbra email platform.
Microsoft Offers Some Flexibility
Historically, Microsoft has charged for separate licenses to access Windows operating systems in
a virtual desktop infrastructure (VDI) environment. Until now, there would be separate licensing
fees for people to access their virtual desktops from secondary devices like home personal
computers.
The licensing issue in all of this gets complicated pretty fast. According to
Simon Bramfitt:
"Right from the start Microsoft showed that it had been listening to its customers' feedback.
As of July 1st Microsoft is rolling Virtual Enterprise Centralized Desktop (VECD) into the Windows
Software Assurance (Windows SA) program. This means that anyone with Software Assurance can deploy
desktops locally or in the data center at no additional cost. At the same time Microsoft is
extending the remote access rights so that remote isn't tethered to a single PC in the primary
users' home. This awareness of the fact that users want flexibility around when and where they work
is the key element that has been missing from Microsoft's virtualization strategy since day one. If
this wasn't enough, Microsoft is introducing a new desktop virtualization license called Windows
Virtual Desktop Access (Windows VDA) costing $100 per year per device and aimed at organizations
who are using endpoints that do not have a Windows SA license - Contractors PCs, devices that are
do not run Windows (e.g., thin-clients, smart phones and Apple Macs) and yes, PCs with OEM
licenses. Hang-on, isn't that just the same as the old non-SA VECD license? More or less, yes; it's
certainly cheaper, although at $100 per year not by much. What's more important is that Windows VDA
is now a first-class citizen in the Microsoft licensing hierarchy with all the benefits of Software
Assurance (e.g., 24x7 support, upgrade/downgrade rights), and as a desktop virtualization license
it gets the same extended roaming rights offered to the a full member of the SA club."
VMWare, in smart retort, praises Microsoft for the move and bowing to "intense customer
pressure."
Raj Mallempati, director, product marketing, calls it an opening for VMWare View. You know
it's competitive when you see this kind of rhetoric:
By loosening up the restrictive desktop virtualization license policy (VECD), Microsoft has
finally bowed to intensive customer pressure. This validates the acceleration in demand in the
desktop virtualization industry that VMware helped start and continues to lead. Microsoft's move
here is extremely positive for the industry.
But what is Citrix part in all of this?
At the beginning of the year, VMWare offered the opportunity to exchange Citrix XenApp licenses
for VMWare View. In response, Microsoft and Citrix announced a partnership this week aimed right
at VMWare with some pretty attractive licensing deals.
The promotion intends to undercut VMWare by reaching into its customer base with offers to trade
in as many as 500 licenses in exchange for a Microsoft integration offered with Citrix.
To kick it off, the two companies plan a 100-city tour.
But what this really represents is Microsoft providing some flexibility in its virtualization
licensing agreements. That move alone will help open up the market.
And VMWare? The company has 80 percent of the virtualization market. Any move on its customer
base should be expected. VMware's vision for Zimbra is another matter. That's a battle it is
taking right back to Microsoft - square on its home turf.
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Mark Methenitis contributes Law of the
Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
[Photo by
exothermic] GDC 2010 has come and gone, but
many of the discussions I had with various developers, publishers, attorneys and other great
attendees have actually left me with some curious issues to explore with you here on LGJ.
The first such issue is one that actually relates to the long-known (but always fuzzy) area of the
law that deals with multi-level marketing systems, the more legitimate cousin of what are commonly
known as "pyramid schemes." These are the
slightly more legitimate looking cousin of the Ponzi scheme (most recently in the news because of
Madoff), but nonetheless create a
"business model" doomed to fail. Accordingly, there are statutes in nearly all 50 states and in
many countries barring these types of arrangements.
But why is this relevant to gaming at all? The advent of the referral model picked up by many
social and online games is the potential problem area, and while the model itself may not suffer
the same faults as a traditional pyramid scheme, it could nonetheless violate the laws in that
area. After all, those laws don't contemplate digital goods, which can suffer no scarcity and
basically no cost to product.
Mark Methenitis contributes Law of the
Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
[Photo by
exothermic] GDC 2010 has come and gone, but
many of the discussions I had with various developers, publishers, attorneys and other great
attendees have actually left me with some curious issues to explore with you here on LGJ.
The first such issue is one that actually relates to the long-known (but always fuzzy) area of the
law that deals with multi-level marketing systems, the more legitimate cousin of what are commonly
known as "pyramid schemes." These are the
slightly more legitimate looking cousin of the Ponzi scheme (most recently in the news because of
Madoff), but nonetheless create a
"business model" doomed to fail. Accordingly, there are statutes in nearly all 50 states and in
many countries barring these types of arrangements.
But why is this relevant to gaming at all? The advent of the referral model picked up by many
social and online games is the potential problem area, and while the model itself may not suffer
the same faults as a traditional pyramid scheme, it could nonetheless violate the laws in that
area. After all, those laws don't contemplate digital goods, which can suffer no scarcity and
basically no cost to product.
HP has been working on flexible displays for some
time now, but it looks like things are starting to get a bit more real. Not real as in actual
products, mind you -- but real like a big, flexible display spotting out in the wild. Doing the
honors for this one is Hardware.info, which not only snapped shot above, but captured some
of the action on video (head on past the break for that). Interestingly, HP doesn't acutally see
these panels being used in truly flexible or rollable displays -- the material itself would only
survive being rolled up about a half dozen times -- but instead sees them mostly being used to make
displays thinner and lighter.
CWmike writes "Google has launched a new project for Chrome that will let the browser run a wider
range of 3D graphics content without downloading additional drivers. The open-source project,
called ANGLE (Almost Native Graphics Layer Engine), seeks to let Chromium run WebGL content on
Windows computers, wrote product manager Henry Bridge on the Chromium blog. WebGL is
still-developing a cross-platform Web standard for accessing low-level 3D graphics hardware based
on the OpenGL ES 2.0 API (application programming interface) that can be implemented directly in a
browser without a plugin. 'ANGLE will allow Windows users to run WebGL content without having to
find and install new drivers for their system,' Bridge wrote. Because ANGLE aims to use most of the
OpenGL ES 2.0 API, it may help developers working on mobile and embedded devices, Bridge wrote.
'ANGLE should make it simpler to prototype these applications on Windows and also gives developers
new options for deploying production versions of their code to the desktop.'"
CWmike writes "Google has launched a new project for Chrome that will let the browser run a wider
range of 3D graphics content without downloading additional drivers. The open-source project,
called ANGLE (Almost Native Graphics Layer Engine), seeks to let Chromium run WebGL content on
Windows computers, wrote product manager Henry Bridge on the Chromium blog. WebGL is
still-developing a cross-platform Web standard for accessing low-level 3D graphics hardware based
on the OpenGL ES 2.0 API (application programming interface) that can be implemented directly in a
browser without a plugin. 'ANGLE will allow Windows users to run WebGL content without having to
find and install new drivers for their system,' Bridge wrote. Because ANGLE aims to use most of the
OpenGL ES 2.0 API, it may help developers working on mobile and embedded devices, Bridge wrote.
'ANGLE should make it simpler to prototype these applications on Windows and also gives developers
new options for deploying production versions of their code to the desktop.'"
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The
makers of Wrapsol Ultra adhesive film wanted to prove
how well their product protects gadgets. So they took an innocent Nokia, wrapped it up like a
sandwich, and dragged it behind a car at 35 miles per hour. Ouch.
More »
The
makers of Wrapsol Ultra adhesive film wanted to prove
how well their product protects gadgets. So they took an innocent Nokia, wrapped it up like a
sandwich, and dragged it behind a car at 35 miles per hour. Ouch.
More »
That much wind means some very big and
nasty waves... We experienced a total of 4
knockdowns, the second was the most severe with the mast being pushed 180 degrees in to the water.
Actually pushed isn't the right word, it would be more accurate to say that Ella's Pink Lady was
picked up, thrown down a wave, then forced under a mountain of breaking water and violently turned
upside down.
The shortest way to describe this is that Google is no longer a verb. It's becoming
a noun. Not just the few clicks to find information, but the information itself and the
experience surrounding it.
Today, we get to add Google's chapter to "Will One Company Dominate
the Cloud" introspective series and take a glimpse of the silent revolution from "index" to
"be" that is transforming the company and it's products to the default way to engage the
Internet.
As fate has it, Google done us a big favor in preparing for this piece. The company has launched
an assault on the enterprise with its movement in the Google App Engine, having a
stand-off with China, and negotiating with the EU. And that was
just a bit of Google
news from this week.
Sponsor
Whereas it's a bit more clear where Amazon and Cisco win (our
recent analysis) as they head towards the cloud, with Google it takes a bit more expansive view.
We have to take the focus out a bit, to be able to dial in on the details.
Acknowledgment: Developers are the Products they Build
We recently had the opportunity to sit down with Tim Bray. He has been a key contributor and thought leader
in key areas of interoperability and information design, including his leadership in bringing XML
to the world. He recently announced that he's joining Google and focusing on Android in a
transition from Sun.
Several things struck us about our dialog that we think are key for Google.
First, when Bray described his new job at Google, he talked about what he wanted to do and what
he saw that needed to be done. Within three days of being there, he has a sense of ownership of
the companies products and mission. In some organizations, you may never get such a luxury.
Second, Bray described his opportunity to "roll up his sleeves" and get back in the groove as a
developer on a project he feels passion for. He mentioned his desire to take the open APIs of
Android and expose some of the information in a more portable way, for example to transfer a call
log from one phone to another. A very interesting project, with tangible results. This type of
innovation lives on top of all the work the company has done to make the API exist, and to
attract individuals who are willing to rethink how it should really work.
We think that this is the most interesting thing about where Google is right now. It's "open"
mantra gives the company the ability to see a whole generation into the future of information
channel disruption. And, by bringing in "no holds barred" developers like Bray and a legion of
others, the company is patiently solving problems that many of us don't even know exist.
Lastly, Bray said something that caused us some deep thought.
His comment, "when the Drizzle team was moved into Google, they
just kept working on the their open source project and things stayed nearly the same."
What caused us to pause was that open source development, whether Linux or XML, gives the
developer, as a person, a way to contribute to the world. And it's documented. If the Internet
was the Bible, leading a key open source initiative, is like getting your own chapter in the
book, where time will be the judge of your actions. Much better than your manager alone.
To know that hard work, intellectual capital, libraries are available to the world after the
contract is complete. This really speaks to the artist in us, in a way, the paid open source
developer is using Google as a canvas.
If working at Google offers this emotional spark to employees, it will gain entirely new
efficiencies in solving the big problems, in the context of individual efforts. Maybe this open
source spirit is embedded into Twitter, and is why it works. We like to contribute to our version
of the greater good...and want fans to cheer us on.
What we learned; acknowledgment matters, and connections to the whole population of people is an
amazing vehicle. Google: become an indie rock star - with the strength of grep.
All of the Information on Earth
Google's destiny to become the hub of the worlds information is
intertwined with history. And this comes with artifacts of policy and posturing. To start with,
not everyone agrees that Google should achieve a dominant cloud position. As we're noticing,
stopping it is another matter.
We'd like to suggest that in 2010, the company is not shy about stepping towards its future and
will use its power, technology, and cash to stir it up. Here is our list of organizations in the
world that Google has, is, or will be, continually bumping into in its quest for cloud
information dominance.
China (counties own the filters for the people)
ATT (service providers own consumer on the network)
Penguin (book publishers own the words in the texts)
Visa (financial institutions own the digits in the transactions)
Facebook (social networks know the details)
Amazon (commerce sites own the decision point)
Twitter (owns "what's happening")
Microsoft (owns the computer applications and files)
Open can be a Key to Unlock Doors
We see both practical and strategic reasons that Google has a
deep connection with the open source movement. Strategically, being the new optimized layer,
removing all historic barriers to information give the company more leverage. Practically,
solutions can be built where information is free.
Reviewing a few examples, such as Google Earth, Android, and even GMail and we see that where
there are open protocols and information disruptive products can be built. Once they are built,
the Google wields a significant economic advantage in binding the worlds information assets and
converting them to eyeballs.
Here, we take a quick look at the information assets that Google is investing the global cloud.
Results: Google has moved away from Page Rank to "Closest Object" in it's
default results. What this means is that many businesses today show up as widget in the results
in google with embedded links, maps, and other efficiencies.
Ads: This is perhaps the best known and most valuable insight and unique
asset, who wants to pay for what customer
Realtime index: Google has worked to keep up with Twitter's realtime firehose
Semantic index: The company continues to add more and more microsyntax parsers
into its index, giving more controlled tools for publishers
GMail: It had to be done. And it is monetized.
Documents and files: Google Docs and the Apps Marketplace create a whole new
stream of information about an individual. Private, personal, and shared.
Mobile transactions: This is an interesting sample of where Google's strategy
to build the Android OS pays off in the cloud. Not only does Google get to connect mobile to
the rest of the offerings, but also to be able to dial in on movements, calls, and other
critical tasks in our real-time lives.
Books: Indexing all of them, first is an interesting piece of the strategy to
break apart historic containers of knowledge. Is the book copyrighted? How about the quote?
Browsers: The browser knows a lot. Google's Chrome moves it from being default
search, to being default experience. This was a great example of where access to information
"Faster pages" is the simple value proposition for consumers to switch.
Filters: Protecting companies, trademarks, and interpreting the legality of
free speech. Someone has to do it, if we're all one people.
Health transactions: Google has even taken on one of the most sensitive
challenges, private health information. And, it's connections to legacy systems that prefer EDI
to JSON.
It's clear that Google is making progress. What we've also learned in this review is that the
companies biggest asset - people - may scale to solve problems in lightweight ways that entire
teams and companies haven't been able to in the past. Perhaps being open, or transparent, gives
the company a unique advantage in being prepared for a cloud future.
Is the cloud where the action is?
What verb would you be if you were hired at Google?
I spoke to Brian Alvey, co-founder of Weblogs, Inc. and the guy who built Blogsmith -- the same
engine Download Squad, TUAW, Engadget and our other blogs use) about his newest creation: Crowd Fusion. There are quite a few CMS products to choose from
out there, but Crowd Fusion is built to perform at scale while boasting an impressive feature set.
That's because Brian knows a thing or two about scale! Having had the experience of watching
Engadget and TUAW cover Steve Jobs keynotes and CES and Detroit Auto Show (Autoblog also uses
Blogsmith), not to mention Brian's early gigs building industry-grade sites, the team at Crowd
Fusion has experience when it comes to building rock-solid CMS tools that enable content
programmers to do just about anything they can imagine. If it sounds like I'm gushing it's not
because I used to work (somewhat indirectly) for Brian -- it's because I've seen what Crowd Fusion can do. You can see it too on this demo from TC50 last September. You can
also join the open source beta program to test Crowd
Fusion out for yourself. Share
This week
we've got a book hot off the presses for your weekly dose of entrepreneurial reading as 37signals founders Jason Fried and David Heinemeier Hansson are back
with their second book in four months. Released earlier this month, Rework, a no-nonsense rethinking of how to successfully
start and run a business, comes hot on the heels of their first book Getting Real: The smarter, faster, easier way to build a
successful web application, which published in November of 2009.
Sponsor
This time Fried and Hansson take a more general approach to business by examining the ways that
new companies are disrupting traditional business practices and making a big splash. They cover
their entrepreneurial bases by reminding us that "no time is no excuse" and that "a business
without a path to profit isn't a business, it's a hobby," but then also elaborate on less
traditional practices that have helped them succeed.
The main theme of the book is to trim the fat and do fewer things better; simplifying every
aspect of your business and doing a smaller number of things at a higher quality is far better
than trying to do too much and a mediocre level. There were times when customers of their
products wanted more features and they refused to comply because it would slow them down and
decrease efficiency. They decry time-stealing meetings, lengthy contracts, childish office
politics and bloated inventories because they weigh down companies from reaching their full
potential.
Rework is a great read for entrepreneurs because it is very focused and
doesn't waste any time with lengthy use cases. The book itself is an example of the principals it
teaches; the quality of a written work is not based on it's length, so why should company be
judged by how many features it offers? Fried and Hansson admit that the book, which comes in at a
dense but brief 288 pages, was originally drafted to be nearly twice as long, but why say in 600
pages what you can say under 300? Another reason the book is a great read is because of the
authors' open and honest tone.
"Ever seen those weapons prisoners make out of soap, or a spoon? They make do with what they've
got," one passage humorously points out. "Now we're not saying you should go out and shank
somebody, but get creative, and you'll amazed with what you can make with just a little."
Other useful and easily digestible analogies for their unique business ideas include comparing
your company to a hot dog stand. They advise that the best way to trim down an inflated company
is to find the "epicenter" by asking yourself, "If I took this away, would what I'm selling still
exist?" The best hot dog stand doesn't worry about the decorations on the stand, or the
condiments - it worries about the hot dogs.
There are dozens of other valuable pieces of advice in Rework that are sure to inspire
any entrepreneur or small business owner. But as LeVar Burton famously said at the end of each
episode of Reading Rainbow, you don't have to take my word for it. Seth Godin, who has
authored several books on business and entrepreneurship including The Dip
which we profiled earlier this year, had nothing but high praise for Rework.
"Jason and David have broken all the rules and won. Again and again they've demonstrated that the
regular way isn't necessarily the right way," says Godin. "They just don't say it, they do it.
And they do it better than just about anyone has any right to expect."
This book is an obvious buy not only because the of the expert advice dispensed by the successful
founders of 37signals, but also because the book is an easy, quick and inexpensive read.
Personally, in a few short hours I was able to breeze through the audio version, which can be
found online for less than $10. But if you prefer reading words on a page, the Kindle version is
also $10, or a hardback copy is just $3 more at some online retailers.
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.
In our latest
employment-specific round-up, we highlight some of the notable jobs posted in big sister site
Gamasutra's industry-leading game jobs
section this week, including positions from SCEA Santa Monica, WB Games and more.
Each position posted by employers will appear on the main Gamasutra job board, and appear in the site's
daily and weekly newsletters, reaching our readers directly.
It will also be cross-posted for free across its network of submarket sites, which includes
content sites focused on online worlds, cellphone games, 'serious games', independent games and
more.
Some of the notable jobs posted this week include:
Gameloft: 3D Graphics
Programmer
"As a member of our engineering team you will be part of the full development cycle of 3D video
games for iPhone from start to finish, primarily focusing on 3D graphics. Duties could include:
Analyze existing 3D functions in the engine and adapt them so they are compatible with current
conventions; Support 3D functions and systems conceived for the production; Work with Game
Developers, as well as Design teams to determine the different constraints of the game and put
all the elements together."
Guerrilla Games: Senior Game
Designer
"Guerrilla Games is looking to add a battle-hardened Senior Game Designer to its ranks for an
upcoming project. If you're recruited, you will play a pivotal role in formulating the game
design and guarding the game's vision. You will also act as a mentor, problem solver and source
of bravery and inspiration for your fellow troops."
Rockstar North: Graphics
Programmer
"Rockstar North, one of the world's leading video game developers, is a community of creative
individuals from a variety of backgrounds. We are based in Scotland out of modern, spacious,
purpose-built studios at the heart of Edinburgh. We develop original game titles and are proud to
be the developer of the phenomenally successful Grand Theft Auto series. Rockstar North has been
part of the Rockstar family since 1999."
Sony Computer Entertainment America Santa Monica: Senior Combat
Designer
"Join the God of War team! Be a part of the most exciting and innovating computer entertainment
in North America. Sony Computer Entertainment America (SCEA) markets the PlayStationÂ@
family of products and develops, publishes, markets, and distributes software for the PS
oneâ„¢ console, the PlayStationÂ@2 and PlayStationÂ@3 computer
entertainment systems and the PlayStation Portable (PSPâ„¢)."
WB Games: Art
Development Director
"The Art Development Director develops art content staffing plans and monitors resource load and
schedule for the external outsource teams as well as the insourced teams. In addition, he or she
monitors content creation tasks in collaboration with production staff and art leads handling
communication and feedback between the external partners and the internal game teams."
To browse hundreds of similar jobs, and for more information on searching, responding to, or
posting game industry-relevant jobs to the top source for jobs in the business, please visit Gamasutra's job board now.
DEMO, one of the best emerging technology conference, will be held march 21-23 in Palm Desert,
where 65 companies will launch their technology product. Today DEMO unveiled its companies
selection, you can see the complete list after the jump. The companies selected for the show
cover a variety of industries including Social and Media, Cloud, Enterprise, Health and Life
Science, Clean Tech, Mobile and Consumer Technologies.
Throughout the 2 ½ day conference, they will present their new products on stage, during a
6 minute demo, in front of an audience composed of investors, innovators, entrepreneurs, industry
influencers and top-tier media. Additionally, industry thought leaders will debate the biggest
trends happening in each of DEMO vertical segments after they launch.
Click here to register at Ubergizmo's preferred rate
(Click "New registration", then select "Attendee" on the second page and the special price will
then appear).
Apple's launch ad for its "magical and revolutionary" product succeeds in attracting 2.4 million
views online, making it the second-most-watched online ad.
GNU Hackers meetups are a face to face meeting to balance the online collaboration that GNU
maintainers and contributors do all the time. These are  a recent (since 2007) thing,
and are having a positive effect within GNU and the FSF.
The LibrePlanet 2010 GNU Hackers meetup runs concurrent with the first day of LibrePlanet.
We started with some project updates:
SipWitch – a project to do discovery of SIP endpoints and setup encryption etc. This
looks quite interesting, and is looking for contributors.
Bazaar – I presented an update on where Bazaar is at and what we’re focusing on
now and in the future:
short term: merging and collaboration:
merge behaviour
conflict behaviour
develop a rebase that can combine unrelated branches
looms to be polished, or pipelines extended – something to manage long-standing
patches for distributions, or other environments that need long lived patch sets.
long term
continuing optimisation of network and local perf
meta-branch operations – mirror collections of branches,
work with many branches at once (many branches in one dir (a-la git, hopefully less
confusing)
easier ‘get up and go’ for new contributors
now and forever
keep fostering community growth
we’re aiming for negative bug growth- get on top and stay there
Felipe Sanches presented his list of things that should be on the high priority project list:
accessibility since 1st boot
reconfigurable hardware development (FPGA tools) – this is particularly relevant for
handling e.g. wifi cards that have a FPGA in the card, so we can replace the non-free microcode.
nonfree firmware issue
–lunch–
John Eaton on Octave. John compared the octave contributors – 30 or so over the years, and
never more than 2 at a time. The Proprietary product Matlab that Octave is very similar to has
2000 staff working at the company producing it. Users seem to expect the two products to be
equivalent, and are disappointed that Octave is less capable, and that the community is not as
able to do the sort of support that a commercial organisation might have done. Octave would like
to gain some more developers and be able to educe users more effectively – convert more to
become developers.
Rob Myers, the chief GNU webmaster gave a description of his role: The webmasters deal with
adding new content, dealing with mail to webmaster@, which can be queries for the GNU project,
random questions about CDs, and an endless flood of spam. The webmasters project is run as a free
software project – the site is in CVS (yes CVS), visible on Savannah. Templates could be
made nicer and perhaps move to a CMS.
Aubrey Jaffer on cross platform. There is a thing called Water which is meant to replace all the
different languages used in web apps – generates html, css, alters the DOM, does what
you’d do with javascript. So there is a Water -> backend translator that outputs Java
for servers, C# for windows, and so on. (I think, this wasn’t entirely clear). He went on
to talk about many of the internals of a thing called Schlep which is used as a compiler to get scheme
code running in C/C#/Java so as to make it available to Water backends in different environments.
Matt Lee spoke about GNU FM – GNU FM is a free ‘last.fm’ site. The site is
running at http://libre.fm/. Â 24ish devs, but stalle after 6 months – whats
next? Matt has started GNU Social to build a communication framework for GNU projects to talk to
each other – e.g. for each GNU FM site to communicate on the back end, with a particular
focus on doing social functionality – groups, friendships, personal info. The wiki page needs ideas!
GNU advisory board discussion… Â too much to capture, but focused GNU wide
issues – things like how projects get contributors, contributions, coordination. Teams were
a big discussion point, bug trackers – how to coordinate teams followed up of that, and
there is s ‘GNU Source Release Collection’ project to do coordinated releases of GNU
software that are all known to work together.
Kevin Nakao is VP of Mobile & Business Search for
WhitePages, a Top 40 Web and Mobile
Publisher. You can find him on Twitter,
and on the Whitepages
Blog where he writes about mobile, local, and social media.
While last year’s SXSW seemed to serve as the
“coming out” party for location-based services (LBS), maybe this year’s
conference signifies the migration of these platforms into mainstream culture. And perhaps the
only real “new” concept to emerge this year is the idea that there is finally a real
opportunity to make money via “location.”
Here are five things that companies should consider as they look to utilize location-based
services (LBS) as part their mobile strategy.
1. Location Shouldn’t be the Only Goal
From finding the nearest ski slope on REI’s Ski and Snow Report to a nearby movie on Flixter, there are
plenty of Top iPhone applications that have incorporated a “lead with the offer, not the
capability” philosophy into their mobile product offering to provide a better service.
Build the best service first, then add the bells and whistles.
With all the hoopla surrounding location, it is easy to lose sight of the fact that
location’s real appeal to advertisers is the fact that with this functionality, you can
reach the on-the-go user, who is ready to buy and consume. Just because Twitter and Facebook offer location doesn’t make
that valuable or new to advertisers. Location-targeting via IP address has been around a while.
For the same reason radio is a great advertising channel for retailers, LBS advertising is also
valuable: because it can reach the consumer near the point of sale.
However, if you apply any city’s share of the total U.S. population, the results show some
pretty low estimates of Foursquare users in individual localities. What emerges is a very
“long tail” — a steep, narrow graph — of local user adoption. This shows
why it is important to achieve scale if you hope to see return on investment in the location
marketing space.
For example, using these rough estimates of a city’s proportional share of the U.S. population, if a
local pet supply store wanted to target people in San Francisco, the estimated reach would be
1,310 Foursquare users. Even if you double this audience estimate, the number is fairly small for
even a local marketer. We had to hit around 4 million downloads of the Whitepages iPhone app to
achieve the minimum scale needed for advertiser geo-targeting. Today, 80% of our campaigns from
major brands are geo-targeted.
Editor’s Note: It’s important to remember that these are just rough estimates.
Because Foursquare was initially only available in a handful of major metro areas, the geographic
distribution of users may not precisely follow the geographic distribution of the
population.
3. Mobile Battery Life is Key
Battery life is the single biggest threat to location. With GPS on, the phone is asking the
network where it is, and this chatter can drain battery life — anyone with an iPhone knows what I am referring to. Thus, phone
manufacturers will play a critical role in the future of LBS. RIM, the manufacturer of BlackBerry devices, faced this problem early on with
the energy-tax of e-mail polling, and as a result, their devices now have some of the best
battery life.
Foursquare has helped us move forward here as well. “Check-ins” help to address the
issue as they offer efficient geo-triggers without having to keep battery-draining GPS features
on at all times.
4. Location Will Be the Battleground of the Mobile OS
Looking forward, I predict the mobile platform wars will be fought with location and maps. This
is an important feature that a platform can use as a point of differentiation for consumers and
developers.
In anticipation of that battle, Apple purchased mapping company Placebase, and Google is starting to provide unique
mapping features like turn-by-turn navigation on
its Android devices. The only hope I see for
Windows Mobile is if they do something
completely revolutionary on the mobile location front. A development like this was alluded to at
the recent TED conference with its augmented reality
layering of geo-tagged Flickr photos and real-time
video integration.
5. Location Pays
At WhitePages, we monetize our mobile services through a mix of premium, national display, and
sponsored links for local business. Our effective CPM (revenue per thousand ad impressions) for
sponsored local links is $30-$50 — double the effective CPM (eCPM) rate we see for premium
display ad campaigns from national brands. The eCPM multiple of local targeted ads over ad
network rates is a staggering 10x.
Location-based inventory will also become scarce as Apple recently
announced that iPhone apps will not be permitted to access GPS capabilities for advertising
alone. There now needs to be some consumer benefit and functionality in order to access a
user’s location. Geo-targeted inventory on mobile will continue to be at a high premium
with no excess supply or ad networks to drive it down.
Conclusion
It is my hope that by this time next year, SXSW –- the festival of
“emerging” music and technology –- will have finally moved on from
location. It’s clearly happening now, and if integrated wisely, location will be making
companies too much money to be called the “cool kid on the block” any longer
About five years ago, I wrote a detailed report on how one could have the choice between GNU /
Linux and other operating systems in Argentina. that was most surprising for French people, that
have always had the greatest difficulties in getting such a choice, despite the remarkable
efforts made by the Working Group Detaxe
and Racketiciels. It was even possible at that time in
Argentina to compare on the website of major retail chains (Fravega, Garbarino, the equivalent of
Darty or Boulanger in France) the price for the same machine with another operating system or
with a Debian-based, customised Argentinian GNU / Linux, developed by an SME named Pixart (not to
be confused with the studio Pixar!).
One may well ask why: this is not without reminding us of the situation here in France, where
after SFR placed on the market more thatn 250000 Netbooks all equipped with GNU / Linux about two
years ago, we can not find now a single netbook without Windows (yes, I write the name in full
letters now, because I am particularly upset: I wanted to buy one for personal use this
Christmas, but despite my efforts, I have not found a single model with a GNU / Linux
preinstalled in France).
The few remaining fans of software monopolies like to say that this sudden vanishement proves
that the other operating system is superior to GNU / Linux.
Well, I happen to have in my hands right now a copy of the appeal filed against Microsoft by the
little Argentine SMEs Pixart, and it is very helpful in understanding what really happened there
... and very likely what is happening here too.
The Windows For The Poor
Microsoft does not usually sit back when it loses market share, and I already noticed back then
that Redmond had put in place a strategy to counter the spread of GNU / Linux in emerging
markets. In Argentina, already in 2005 they had managed to convince the government to spend
taxpayer money on an operation codenamed 'Mi PC', which through a microcredit whose interests
were paid by the state, encouraged the public to buy machines that are sold with Windows SE
(Starter Edition, they say), better known today as Windows FTP (For The Poor). This edition
sports ludicrous limitations like the following: only recognises 256 Mb of RAM (with XP, It's a
little short), 80 GB hard disk (ditto), screen resolution was limited to 800x600, no local
network, and you cannot open windows for more than 3 applications at once (oh well, if there is
something that poor people have in abundance is time, therefore they will only run 3 tasks in
parallel, and no more).
This version was sold cheaper than the standard Windows editions , with the aim to compete with
GNU / Linux machines, but at that time this move made me laugh quite a bit because the early
machines with Windows FTP still costed at least 500 pesos more than the equivalent GNU / Linux
systems, which had no such ridiculous limitations: one really had to be poor in spirit to
purchase them!
The rear margins (or Market Development Agreements)
What I did not know in 2006 is that the Windows For The Poor was just a first step in the
strategy: The second step was to artificially lower the final price of computers running Windows,
and financially strangling Pixart, which could not charge anymore its service for
pre-installation of custom GNU / Linux on machines manufactured in Argentina.
In reading the appeal filed by Pixart, we learn that Microsoft would have started in 2008 to give
back large amounts of money to the whole distribution chain to convince them to buy exclusively
Windows, and these sums have been disguised in various forms.
For example, I heard that Microsoft would have payed hundreds of thousands of dollars a year to
some distributors, officially for the Microsoft logo to appear on the leaflet advertising the
chain. Well, this kind of operation is called 'rear margin' here, and generally corresponds to an
abuse of dominant position from retailers who charge abusive fees to small suppliers for
purported advertising campaigns that hide forced rebates. But in our case, I have a hard time
thinking that a small retail chain in Latin America has a dominant position when facing a
multinational that generates profits of billions of dollars a year.
But why, you will say , is Microsoft complicatin its life like this? Was'nt it easier to simply
lower the cost of licensing Windows to, say, $ 5, rather than continue to charge $ 100 initially,
to repay $ 95 to distributors right after?
Well, no! Because, if we lower the cost of the officially licensed Windows FTP to $ 5, then it
must be sold $ 5 everywhere, and we can no longer pretend to charge $ 200 to large customers
(such as ministries in Argentina) for the full version .
It is much more interesting to pretend that the cost is 50 or 100 dollars, and find a way to give
back 45 or 95 dollars under the table: on one side the illusion is maintained that the price is
high and constant, on the other, one can happily strangle competition, by lowering prices only on
the competitive segment (the rebate is conditioned, of course, to stopping any sale of the rival
product).
The competition law
This wonderful monopolistic invention has one flaw, though: it brutally violates the rules of
competition, which are codified, for better or worse, in almost all countries, including
Argentina. To function properly, it must be carried out in the greatest secrecy, and stay safe
from prying eyes.
But it may well be that this discretion is not going to las much longer: using the laws on
competition in Argentina, Pixart filed appeal, describing what it thinks is the strategy followed
by Microsoft, and asking the judge to compel Microsoft, and distributors to provide all evidence
of purchases, grants, rebates, in short, an account of all financial transaction, even by means
of intermediaries, between Microsoft and distributors.
Pixart also suggests that the judge checks whether Microsoft properly pays tariffs for imports of
these licenses: it is well known that Microsoft
In order to have access to iPad testing units, developers and testers had to agree to keep the
device tethered to a fixed object in an isolated room with blacked-out windows, according to a
report by BusinessWeek.
That’s pretty hardcore. It’s unclear from BusinessWeek’s report if that was a
condition enforced before the iPad was unveiled to the
public or if it’s something that will be kept up until the April 3 launch date.
Apple is a notoriously secretive company, especially when it comes to new products. Outside of
partnerships with content publishers like The New York Times, Wired and The Wall Street
Journal who have either confirmed interest or already shown demonstrations of their applications,
the few developers that do have access to the iPad are keeping their mouths shut.
It also appears that in order to be on the list for the iPad, developers or companies had to be
pretty high on the totem poll. Not even Trip Hawkins, who founded Electronic Arts and once worked
at Apple, could get a testing unit for his new company, Digital Chocolate.
Now, not having physical access to the device doesn’t preclude developers from creating
apps for the iPad — Apple actually started accepting apps for review today
— but it does make refining the app much more difficult.
As was the case with the iPhone, we expect the
best iPad apps to be those that can take advantage of multi-touch in ways that just feel
better. Gestures and interactions on a bigger screen are probably features that will need to be
refined over time — just as they were with the original iPhone.
The degree of Apple’s iPad-related secrecy might sound well, paranoid, but the
fact is, at least for now, the company can get away with it. The mobile ecosystem is so hot
— especially for the iPhone — that getting on the iPad and getting on early is worth
the hoop-jumping for many developers. Some would even to settle for using an emulator until the
product is officially launched.
What do you think of Apple’s corporate culture of secrecy? Let us know!
AppRemover is a free utility that enables complete uninstallation of antivirus and antispyware
applications. Easy to use. Once downloaded, double-click the AppRemover icon and it will
uninstall any detected security applications on your computer. Supported applications include
products from AVG, CA, F-Secure, McAfee, Symantec (Norton), Panda and Trend Micro.
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."
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."
Ever wonder what it would be like to step inside a giant
wire mesh cage, put on a virtual reality headset, walk around like a hamster and shoot crazy
alien opponents? No? Luckily our friends at Engadget did, and went hands, eyes and feet-on with the Virtusphere at
GDC.
Keep in mind that this product isn’t new, but if you haven’t seen it in action before
the video below is well worth the watch.
With a $50,000 price tag, this toy makes spending $170 on some plastic Rock Band instruments seem
like a veritable bargain. This is just between us, but we secretly plan on buying a bunch and
renting them out like inflatable moonbounce houses.
Would you want one of these things in your living room? Would it fit in your living
room? Let us know in the comments.
From GigaOm: The first
time you walk into an Apple Store and pick up an iPad, you’ll understand the hype: Apple
has managed to create a beautiful, thoughtfully designed, compelling product in a space where
mediocrity was, until now, status quo. But odds are you probably won’t buy one — at
least not yet. And that’s OK.
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