Showing posts with label Technology. Show all posts
Showing posts with label Technology. Show all posts

Microsoft sued over Kinect for patent infringement


A Bay Village, Ohio, company has sued Microsoft for allegedly infringing on its patents with the rapidly selling Kinect motion-sensing video game controller.

Microsoft's Kinect for Xbox 360
(Credit: CNET)

Impulse Technology filed the suit in federal court in Delaware, accusing Microsoft and several game makers--including Electronic Arts, Ubisoft, and THQ--of violating patents related to, among other things, tracking and assessing movement skills in multidimensional space. The suit was filed on July 1, but was only recently written about by the Web site Law360.

Impulse claims that the Kinect violates seven patents, issued from 2001 to last year. In its suit, the company said it notified Microsoft in March about the patents. The suit does not mention if Microsoft replied to the notification. And Impulse's attorney did not return a call.

Microsoft declined to address the specific charges, but said it works hard to make sure its products don't violate patent holders' rights.

"While we can't comment about this specific case, Microsoft invests heavily in protecting our intellectual property rights and has hundreds of pending and issued patents covering Kinect," Kevin Kutz, director of public affairs at Microsoft, said in a statement.

AT&T customers try to block merger with T-Mobile


Talk about a David and Goliath story. The New York-based law firm of Bursor & Fisher is working with some AT&T customers in the hopes of blocking AT&T's proposed $39 billion acquisition of T-Mobile.
AT&T to buy T-Mobile

The firm is working on behalf of a small group of AT&T customers to demand arbitration from the company, which is the second largest wireless phone company in the U.S. and one of the biggest political contributors in the country. In its arbitration filings, Bursor & Fisher alleges that the deal between AT&T and T-Mobile would violate the Clayton Antitrust Act and harm competition in the wireless market. The firm has already signed up 11 AT&T customers, and it's soliciting more on its Web site: FightTheMerger.com. It filed the first arbitration demand Thursday in a 236-page document.

The main argument in the arbitration request is that the merger will lead to higher prices and diminished service, which would harm consumers. The customers are asking that the merger be blocked or at the very least that certain requirements be put on the merger, such as AT&T divesting some wireless spectrum and stopping its practice of entering into exclusive contracts with handset makers.

The Department of Justice and the Federal Communications Commission are already reviewing the merger. It's expected to take the agencies a year to complete their evaluation of the merger. The Justice Department in particular will be looking at potential antitrust claims while the FCC's main obligation is to ensure that the merger will serve the public interest, since the wireless licenses that AT&T and T-Mobile hold are regulated by the FCC. The FCC said this week that it has stopped the clock on its review as it obtains additional information from AT&T.

Scott Bursor, a partner at Bursor & Fisher, said his firm expects to file hundreds of these cases. While arbitration is typically used to dispute individual complaints, such as an erroneous charge on a bill, Bursor said he thinks the process can also be used for antitrust disputes, since class-action lawsuits are not available to AT&T customers.

"The law gives private parties the opportunity to sue in antitrust cases," Bursor said. "So we are using this arbitration process to help consumers, who are barred from filing class-action suits."

In its contracts, AT&T prohibits customers from suing the company directly or as part of a class-action lawsuit. A U.S. Supreme court decision in April upheld this practice. Instead, consumers must use an arbitration process. But consumers are also prohibited from filing arbitration as a group or class and instead must file claims individually, which is why Bursor has said the company will file hundreds of these claims.

And because each arbitration request is assigned to a separate judge, each case will be evaluated independently, which in theory could increase the chances of a beneficial outcome for the customers filing the complaint.

AT&T said in a statement that the arbitration process is not intended to hear class-action cases, such as the ones Bursor plans to file.

"The claims made by the Bursor & Fisher Law Firm are completely without merit," the company's statement said. "An arbitrator has no authority to block the merger or affect the merger process in any way. Our arbitration provision allows customers to resolve their individual disputes with AT&T in a prompt and consumer-friendly manner."

Bursor's firm has worked with wireless customers in the past on class-action suits over early-termination fees. His firm also sued AT&T over mobile-handset exclusivity. Michael Aschenbrener of Aschenbrener Law in Chicago, who has also brought class-action suits against wireless companies in the past, said that using the arbitration process to air antitrust complaints is unusual. So it's difficult to say if it will be effective. But he said at the very least it might get these consumers' concerns heard.

"Arbitration is a new approach in this context but necessary in light of recent anticonsumer Supreme Court precedent," he said. "Whether these consumers will be successful remains to be seen, but this demonstrates that consumers want to be heard and will be heard--no matter how much the courts and big businesses try to silence them."

These AT&T consumers involved in the arbitration are not the only ones opposed to AT&T's plan to buy T-Mobile. Sprint Nextel has also expressed its opposition. And this week, Senator Herb Kohl, who heads up a subcommittee on antitrust matters, asked regulators to block the deal.

Some states are also taking a closer look at the merger. California's Public Utility Commission is examining it. New York Attorney General Eric Schneiderman announced in March that his office would "undertake a thorough review of AT&T's acquisition of T-Mobile" and analyze the merger for "potential anticompetitive effects on consumers and businesses."

Meanwhile, AT&T has also garnered support from a number of groups. There are already governors in 26 states that have signed on to support the merger. And 76 members of Congress have also expressed their support for the merger.

AT&T said earlier this week during its earnings call that it is confident it will get the approval for the merger. And the company said it expects the deal to close in the first quarter of next year.

Sony Ericsson Xperia Mini and Xperia Mini Pro Android 2.3 (Gingerbread) Smartphone Announced

ony Ericsson revealed plans to introduce its second generation with two new Xperia minis: the Xperia Mini and Xperia Mini Pro smartphone.
The new Xperia mini line has two options: the standard version, and the "pro" version which has a slide-out keyboard. In many other respects, however, these devices have undergone quite a bit of change.
In the first place, because they have a bigger 3.0" screen, the Xperia Mini is actually slightly larger than the previous generation. The width and thickness have remained the same across generations, however.


Secondly, the screen resolution has been bumped up from 240 x 320 (QVGA) to 320 x 480 (HVGA), an improvement which coincides with the improved 720p 5 megapixles video camera capability of the device. Sony Ericsson says the Xperia Mini will be the smallest HD-capable Android smartphone available.
Finally, it has been equipped with a 1GHz Qualcomm Snapdragon processor and Android 2.3 (Gingerbread).
Xperia Mini is a GSM-compatible device, with support for HSPA (900/2100) and GPRS/EDGE (850/900/1800/1900) or HSPA (850/1900/2100) and GPRS/EDGE (850/900/1800/1900).

Apple outflanks Psystar in crushing legal victory


Apple has finally managed to outflank Psystar after fighting a bloody and protracted legal battle against the infamous Mac clone manufacturer.

Victory came in the form of a ruling by US (Northern California) District Judge William Alsup, who determined that Psystar had infringed Apple's "exclusive right" to create derivative works of Mac OS X by replacing original files with unauthorized software.

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According to Alsup, Psystar executed three primary unlawful modifications:

* Replacing the Mac OS X bootloader with an alternative to run unauthorized copies of Mac OS X to run on Psystar's computers.
* Disabling and removing Apple kernel extension files.
* Adding non-Apple kernel extensions.


"Psystar contends that this did not amount to creating a derivative work, because Apple's source code, object code, or kernel extensions were not modified. This argument is unavailing. Psystar admittedly replaced entire files within the software while copying other portions," opined Alsup. 



Apple OS X

"This resulted in a substantial variation from the underlying copyrighted work. In fact, if the bootloader and kernel extensions added by Psystar were removed, then the operating system would not work on Psystar's computers. The inclusion of the copyrighted Mac OS X with the above-described additions and modifications makes Psystar's product an infringing, derivative work."

Unsurprisingly, Alsup's ruling against Psystar was termed a "total massacre" by Internet legal site Groklaw.

"Psystar just got what's coming to them in the California case. It's a total massacre. Psystar's first-sale defense went down in flames. Apple's motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal, [while] Psystar's motion for summary judgment on trademark infringement and trade dress is denied.

"So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum. In short, Psystar is toast, [their] only hope now is [the] Florida [legal system] and frankly I wouldn't bet the house on that one. The court's message is clear: EULAs mean what they say; if you don't want to abide by its license, leave Apple's stuff alone."

Painted ladies fly to ISS


In a project known as Butterflies in Space, the Atlantis space shuttle will next week carry a butterfly habitat containing monarch and painted lady adults and larvae to the International Space Station.

Painted ladies fly to International Space StationThe idea is that thousands of schoolkids across the US will be able to study the effects of space travel on the little astronauts, comparing them with examples reared in their own classroms. The children will be able to monitor their progress via still and video images.

"One of the most exciting things about this project is that we can use the International Space Station to bring spaceflight experiments into classrooms around the country," said BioServe Director Louis Stodieck, principal investigator on the project. "Our continuing goal is to inspire K-12 students around the country in science, technology, engineering and math."

The butterfly payload has been designed and built by BioServe Space Technologies in CU-Boulder's aerospace engineering department and will carry two butterfly habitats containing monarch and painted lady butterfly larvae and enough nectar and other food to support them as they develop.

Record Highs Far Outpace Record Lows Across U.S.


The ratio of record daily highs to lows from 1950-2009 at 1,800 U.S. weather stations. Courtesy of NCAR

Spurred by a warming climate, daily record high temperatures occurred twice as often as record lows over the last decade across the continental United States, new research shows. The ratio of record highs to lows is likely to increase dramatically in coming decades if emissions of greenhouse gases continue to climb.

Results of the research, by authors at the National Center for Atmospheric Research (NCAR) in Boulder, CO, Climate Central, The Weather Channel, and the National Oceanic and Atmospheric Administration (NOAA), have been accepted for publication in the American Geophysical Union journal Geophysical Research Letters.

"Climate change is making itself felt in terms of day-to-day weather in the United States," says NCAR scientist Gerald Meehl, the lead author. "The ways these records are being broken show how our climate is already shifting."

The research was funded by the National Science Foundation (NSF), NCAR's sponsor, the U.S. Department of Energy, and Climate Central.

"This intriguing study provides new evidence of climate change," says Steve Nelson, NSF program director for NCAR. "And it's change that's affecting our daily lives."

If temperatures were not warming, the number of record daily highs and lows being set each year would be approximately even. Instead, for the period from January 1, 2000, to September 30, 2009, the continental United States set 291,237 record highs and 142,420 record lows, as the country experienced unusually mild winter weather and intense summer heat waves. A record daily high means that temperatures were warmer on a given day than on that same date throughout a weather station's history.

The authors used a quality control process to ensure the reliability of data from thousands of weather stations across the country, while looking at data over the past six decades to capture longer-term trends. This decade's warming was more pronounced in the western United States, where the ratio was more than two to one, than in the eastern United States, where the ratio was about one-and-a-half to one. The study also found that the two-to-one ratio across the country as a whole could be attributed more to a comparatively small number of record lows than to a large number of record highs.

This indicates that much of the nation's warming is occurring at night, when temperatures are dipping less often to record lows. This finding is consistent with years of climate model research showing that higher overnight lows should be expected with climate change.

In addition to surveying actual temperatures in recent decades, Meehl and his co-authors turned to a sophisticated computer model of global climate to determine how record high and low temperatures are likely to change during the course of this century. The modeling results indicate that, if nations continue to increase their emissions of greenhouse gases in a "business as usual" scenario, the U.S. ratio of daily record high to record low temperatures would increase to about 20-to-1 by mid-century and 50-to-1 by 2100. The mid-century ratio could be much higher if emissions rose at an even greater pace, or it could be about 8-to-1 if emissions were reduced significantly, the model showed.

The authors caution that such predictions are, by their nature, inexact. Climate models are not designed to capture record daily highs and lows with precision, and it remains impossible to know future human actions that will determine the level of future greenhouse gas emissions.

The model used for the study, the NCAR-based Community Climate System Model, correctly captured the trend toward warmer average temperatures and the greater warming in the West, but overstated the ratio of record highs to record lows in recent years. However, the model results are important because they show that, in all likely scenarios of future greenhouse gas emissions, record daily highs should increasingly outpace record lows over time.

"If the climate weren't changing, you would expect the number of temperature records to diminish significantly over time," says Claudia Tebaldi, a statistician with Climate Central who is one of the paper's co-authors. "As you measure the high and low daily temperatures each year, it normally becomes more difficult to break a record after a number of years. But, as the average temperatures continue to rise this century, we will keep setting more record highs."

The study team focused on weather stations that have been operating since 1950. They found that the ratio of record daily high to record daily low temperatures slightly exceeded one to one in the 1950s, dipped below that level in the 1960s and 1970s, and has risen since the 1980s. The results reflect changes in U.S. average temperatures, which rose in the 1950s, stabilized in the 1960s, and then began a warming trend in the late 1970s.

Even in the first nine months of this year, when the United States cooled somewhat after a string of unusually warm years, the ratio of record daily high to record daily low temperatures was more than three to two. Despite the increasing number of record highs, there will still be occasional periods of record cold, Meehl notes.

"One of the messages of this study is, you still get cold days," Meehl says. "Winter still comes. Even in a much warmer climate, we're setting record low minimum temperatures on a few days each year. But, the odds are shifting, so there's a much better chance of daily record highs instead of lows."

The study team analyzed several million daily high and low temperature readings taken over the span of six decades at about 1,800 weather stations across the country, thereby ensuring ample data for statistically significant results. The readings, collected at the National Oceanic and Atmospheric Administration's National Climatic Data Center, undergo a quality control process at the data center that looks for such potential problems as missing data, as well as inconsistent readings caused by changes in thermometers, station locations or other factors.

Meehl and his colleagues then used temperature simulations from the Community Climate System Model to compute daily record highs and lows under current and future atmospheric concentrations of greenhouse gases.

To Play With Giants, App Devs Risk Getting Squashed


Hot-selling mobile apps have earned some independent programmers hundreds of thousands of dollars. But one of the greatest risks of developing apps for a platform controlled by a large corporation, such as Google or Apple, is that you can easily get crushed.

Take for example Mike Jacobs, a developer of software startup Hello, Chair. For nine months, his team of three has been working on an iPhone app called Appsaurus, which makes App Store recommendations based on the apps you already own. So it was very bad news for Hello, Chair when Apple in September introduced a free App Store recommendation tool called App Store Genius.

“That’s one of the scariest things: If Apple moves an inch, they crush a bunch of little developers,” Jacobs said in a phone interview.

With giants dominating Silicon Valley, start-ups and independent programmers are fitting in between the cracks by developing apps for corporations’ mobile platforms. Apple’s App Store, which launched July 2008, is the largest to date with 100,000 apps and counting. Google’s Android platform is second largest, serving roughly 14,000 apps. In the case of the App Store, a lucky bunch have struck it rich with soaring sales, while others have suffered at the mercy of the giant they’re developing for.

More often, Apple is scrutinized for its questionable approval policy. The company has rejected some developers’ apps for unclear reasons, which often puts them in financial hurt (in severe cases, a six-digit loss).

But stories like Hello, Chair’s — where the corporation inadvertently competes with its developers — are a bit rare. Jacobs said his company was striving to provide something the iPhone was missing in hopes to make the platform even better. However, Apple, too, is thinking of ways to improve its products — and with a considerably larger team of in-house programmers and billions of dollars in resources, the Cupertino, California company beat a small start-up to the idea of an App Store recommendation tool.

Hello, Chair submitted Appsaurus to Apple this week and nervously awaits Apple’s approval. The team is hoping it does not face the same outcome as Podcaster, an app Apple rejected in September 2008. The Podcaster app enabled the iPhone to download podcasts and listen to them on the fly. Apple rejected Podcaster, saying it “duplicates the functionality” of the iPod. However, the iPhone didn’t have this feature when Podcaster was submitted. Only after rejecting Podcaster did Apple introduce a podcast downloader through its iTunes app.

Alex Sokirynsky, who developed Podcaster, said he had spent four months learning the iPhone’s programming language, and he was “heartbroken” by Apple’s rejection of Podcaster.

“Apple has a very tight hold on everyone in the App Store,” Sokirynsky told Wired.com. “They could pull any app for any reason, and the developer has no say. This could ruin a new company.”

This Goliath-stomps-on-David scenario isn’t unique to Apple, either. Etienne Baratte, a software engineer, was developing an app for the Google Android platform called Jamdroid, which would provide real-time traffic information anywhere on the globe. Baratte entered Jamdroid in Google’s Android Developer Challenge, a contest inviting developers to submit app prototypes for a chance to win awards. Jamdroid received an honorable score in the competition — but Google in August 2009 announced it was working on almost the exact same traffic-analysis tool.

Baratte was dismayed: He’d been working on Jamdroid since November 2007 with a few partners. He killed his project when Google rolled out its traffic service in August.

“There’s no competition possible at all,” Baratte said in a phone interview. “I can’t say they stole my idea. They’re in their right to implement such a service, and in fact, in a way I am quite happy that they did so…. But I spent all my free time on this.”

Hello, Chair hasn’t given up on Appsaurus, however. When Apple introduced App Store Genius, Jacobs and his team proceeded to add more features to Appsaurus to make it better than Apple’s recommendation system. When making recommendations, App Store Genius only takes into account the apps currently installed on a user’s iPhone. Appsaurus, Jacobs said, will use an interactive algorithm that allows users to rate and modify suggestions in real-time. The app will also make app recommendations based on other apps people have purchased, similar to Amazon’s “Customers Who Bought This Item Also Bought” feature.