Wednesday, March 23, 2011

Judges: Copyright Cases Need Narrow Nets

 
Large P2P copyright lawsuits are usually filed in a single court to aid the lawyer in not only needing fewer judgments for multiple targets, but also just to keep things straight and give the court a clear idea of what’s going on.

Chicago attorney John Steele has mixed things up and filed at least one large pornography lawsuit in each of Illinois’ three federal districts. The problem is, for Steele, that this appears to have cast too wide of a net, with at least one judge saying that Steele may be running a ”fishing expedition.”

In Illinois’ Northern District, Judge Milton Shadur threw out one of Steele’s lawsuits against 300 anonymous defendants, saying ”I don’t see any justification at all for this action.” Shadur threw out the case largely on the grounds that the defendants were coming from a wide variety of states, not just Illinois, despite Steele promising that all of the accused were Illinois natives.

”The judges in our other cases have, for the most part, sided with our clients and dismissed anonymous motions filed by non-parties,” Steele told Ars Technica. ”We expect to continue to have a majority of the courts find in our favor and allow us to find out who is stealing our client’s content.”

Steele said he relied on geo-location technology to trace IP addresses and brought the charges in the appropriate venues that way. Steele also may have been hoping for an advantage by spreading out the cases and making them feel like local issues.

Federal Judge Harold Baker also threw a large monkey wrench into Steele’s plans. Judge Baker called the case ”novel” and said it has turned the concept of a class action suit ”on its head,” but that granting quick subpoenas without hearing from the accused would be unfair.

The problem for Steele is that the accused are only known by the IP addresses, so there are currently no known defendants who would be able to represent themselves, which means no subpoenas will be issued under Baker’s ruling.

LightSquared Signs First Rural Carrier

 
The next step has been taken in an effort to provide 100% broadband coverage in the US. LTE wholesale service provider LightSquared has signed the rural broadband carrier OpenRange as a reseller and is said to be in negotiations with Sprint, T-Mobile or both for similar deals. LightSquared has said it will not sell directly to consumers, only at wholesale to resellers like OpenRange. Service is expected to begin in the latter half of 2011.

LightSquared has said it’ll offer LTE at wholesale in three versions: terrestrial-only, satellite-only or integrated satellite-terrestrial. The deal includes a two-way roaming agreement.

OpenRange received funds for rural broadband coverage under the US broadband stimulus program. It is building its own LTE terrestrial network.

”This partnership enables LightSquared to provide an enlarged and seamless nationwide 4G-LTE footprint to all of our retail partners and their customers,” said LightSquared CEO Sanjiv Ahuja.

The two companies said their agreement will bring broadband to consumers, businesses, Indian tribes, public safety operations and others.

There is concern that LightSquared’s network will interfere with GPS.

To see 4 free editions of The Online Reporter, the weekly source for competitive intelligence about digital content, online entertainment services, mobile media and wireless networks, visit www.onlinereporter.com/trial_copies.php  

Monday, March 21, 2011

NY Times to Use Apple’s Subscription Paywall

 
The New York Times will use Apple’s iTunes subscription service to sell access to its content starting March 28. It’s the first to announce, but News Corp’s The Daily is also expected to use the Apple service.

It’s not an exclusive deal. Readers can also purchase access through the paper’s e-commerce site. They can read it on Android devices and RIM’s BlackBerry.

Prices are:

Smartphone App
$15 every four weeks
Tablet App $20 every four weeks
Tablet and Smartphone Apps
$35 Every four weeks


Publications pay Apple up to 30% to use its service.
Readers who subscribe to the paper edition of the Times also get access to its online content at no additional charge. Anyone can access for free up to 20 articles per month on the Web site.

RIM Getting Closer to Shipping Playbook Tablet

RIM plans to start shipping its PlayBook very soon, according to the RIM senior VP Jim Tobin, who was announcing a deal for Microsoft to handle most of the cloud computing demands of its RIM customers, according to Bloomberg.com. 

The Wi-Fi-only PlayBook has a 7-inch screen that is smaller than the iPad’s or Xoom’s 10-inch displays. It uses RIM’s battle-tested QNX operating system but is said to be able to use Android apps. Demonstrations were very impressive in a controlled session at CES. With the reported problems in Android, HP and RIM have the advantage, like Apple, of owning and controlling their tablet OS. 

QNX has been used in millions of devices over the last 30 years, from nuclear submarines to medical equipment. RIM expects to eventually use QNX in its smartphones but has said it would not license other companies to use it in tablets and smartphones.

The biggest market for PlayBooks is expected to be the corporates that use Blackberry smartphones.

Tobin told Bloomberg.com that cloud computing is more efficient than traditional PCs with local storage. He said, ”As the smartphone starts to handle more of the work effort versus a desktop, and now you add the tablet, that’s the time” to move away from storing information on computer hard drives and local servers. 

HP this week made a major commitment to cloud computing.

To see 4 free editions of The Online Reporter, the weekly source for competitive intelligence about digital content, online entertainment services, mobile media and wireless networks, visit www.onlinereporter.com/trial_copies.php  
 

Motorola Xoom Faltering

 
- HP & RIM Coming Up Next

Apple’s iPad 2 seems to have sucked all the oxygen out of the tablet market. Sales of Motorola’s Xoom tablet, launched in February, have been underwhelming, according to eWeek. Jefferies and Co analyst Peter Misek told the publication that Motorola may have to reduce production of the Xoom if it hasn’t already done so.

”We believe the device has been a bit buggy and did not meet the magic price point of $500,” Misek is quoted as saying. ”We believe management knows this and is hurrying development and production of lower cost tablets. Importantly we believe management will likely have to make the painful decision to accept little to no margin initially in order to match iPad 2’s wholesale pricing.”

Others have pointed out that the Xoom is hampered by bugs, freezes, poor battery life and a high price of $800.
Apple chief Steve Jobs has said that the competitive tablets coming to market show what a good deal the iPad is. Apple’s insistence on trouble-free operation, speed, lightness and long battery life have made it hard for others to compete, especially those based on Google’s Android.

Yet to be heard from are the HP’s WebOS-based TouchPad and RIM’s QNX-based PlayBook. Both companies have operating systems that they own and control.

HP CEO Leo Apotheker has promised to spread the popularity of WebOS by putting it on almost all the hardware HP makes, from PCs to printers. He’s also said HP will push cloud computing, which will create demand for tablets and cloud computers. HP has a major asset that Apple doesn’t — a gigantic sales force that is in the headquarters of the corporates every day. Apple is using its retail stores to sell to businesses.

RIM’s PlayBook was very impressive during controlled demonstrations at CES. RIM has hinted that Android apps can be converted to run on PlayBooks. RIM also has strong ties to the corporates with its BlackBerry phones and e-mail service.

Samsung could be another company that moves away from Android. It has an OS called ”bada” that it’s using on smartphones and smart TVs. Last October the VP of Samsung’s visual display division, Kyungsik Kevin Lee, said, ”We have a plan to have a single platform for Samsung TV and phones.” Justin Hong, bada platform chief at Samsung, said last year that the company is considering the possibility of putting bada on other devices. Following Nokia’s de-emphasis of Symbian and its deal with Microsoft for Windows Phone 7, Samsung started appealing to Symbian developers to work on bada instead. 

According to Google, the Honeycomb version of Android that the Motorola Xoom uses was specifically intended for tablets. If there are problems, then Google has enough backers and partners who would collectively seem to be able to clean up whatever shortcomings Android has on tablets. Or, Apple will run the table.

Apple has made it so difficult for other tablet makers with a quality product at an attractive price plus a global retail network of stores and cellcos.

To see 4 free editions of The Online Reporter, the weekly source for competitive intelligence about digital content, online entertainment services, mobile media and wireless networks, visit www.onlinereporter.com/trial_copies.php  
 

Live Stream from Japan’s NHK World

Below is a link to Ustream’s live stream from Japan’s NHK World, which is owned by Japan Broadcasting Corporation. There’s a simultaneous English translation and a chat session next to the video. 


Ustream is a live interactive broadcast platform that has raised more than $85 million in venture capital.

Friday, March 18, 2011

Smartphones & Apps Counted in UK Cost-of-Living Index

From The Online Reporter   

We live in changing times. Smartphones and their apps have been added to the UK’s basket of about 650 goods and services that the Office for National Statistics (ONS) uses to calculate UK inflation rates. The apps replaced mobile phone downloads, such as ringtones and wallpaper.
The updated basket also will include dating agency fees. Cigarettes purchased in vending machines have been removed.