2073 posts • joined Monday 16th April 2007 14:57 GMT
Re: Word of Mouth
You are suffering from observational bias. You are only likely to hear of such cases which involve American companies. In certain industries American companies predominate, largely due to the size of the domestic market, the importance of the English language and the US venture capital market.
Other examples demonstrating a more even-handed approach: fines on price-fixing in the DRAM market; denying additional subsidies to German state banks; forcing BAA to sell Gatwick; unbundling electricity transmission networks from production capacity...
France is a special case with a strong history of free speech, a very independent judiciary (recently sentenced an ex-president); and a strong ip rights lobby (musicians, artists, writers but also the fashion industry). Previous cases have also involved sales of knock-off handbags but also Nazi memorabilia. You could also include the recent law criminalising denial of acts of genocide (the holocaust but also the massacre of Armenians in Turkey).
Nevertheless, I can see the judgement could be overturned at European level as unfair interference. The politicians tend to drag the feet in such cases but the courts would be obliged to respect a judgement.
Re: How big is your fine judge?
Apple is going to want to keep this story out of the media at all costs. If they haven't already launched an appeal then they probably won't. The notice on the website doesn't have to be very big or noticeable and infinitely more acceptable than being done for contempt.
Re: Timing is perfect!
Why do you think an appeal will be successful? Looks like the judge is merely backing up his judgement that Apple's actions were damaging and maybe even defamatory. Nice precedent.
Maybe Apple's motto will become: live by the court, die by the court.
How does the post demonstrate Java winning in the end? Or is just an oblique reference to victory of the Java-like Dalvik on Android? Java doesn't run legally on IOS as far as I know.
They paid how much?
Given the figures that get bandied around about UK government licence fees the amount looks vaguely insulting and probably doesn't even cover the installs of a medium Chinese municipality. But it's probably the best Microsoft can expect for the next few years and cheaper than paying lawyers who've got no chance.
What's all the fuss about?
Bank giro transfers are easy, secure and cheap in the SEPA (Single European Payment Area).
Everthing's fine in the powerpoint
A company here is still toting Gartner's prediction from last year of 10 % market share for Windows Phone 7 in 2012. If it works for them, I'm sure it will work for Microsoft.
Re: Vatican City 0
Maybe need to switch to the rhythm method?
My own unrepresentative sample of a typical teen fashion victim today who was desperate for I-Phone a year ago and today plenty happy with her Samsung S3 with which she could show me the midday temperature in southern Italy: 46°C. A scorcher. Mammoth definitely a plus there.
The analysts can make more money from phones that can be treated as luxury goods than they can from commodity items. The nimbus of the App Store is fading and the Long Tail has been proven to be a false hope. ow that it's. No longer possible to be cool with the same toy that everyone else has, we're moving back to whichever phone case can be easily customised as a differentiator n. Seen a couple of retro C-90 cassette backplates for I-Phones recently. Should be a big chance for Nokia but they seem to have lost the plot in going for hand unfriendly forms.
Oh shit, just noticed that there is a real company and not just a Day Today parody... Life following art?
I was phoned up on holiday...
What in a couple of weeks before the event? That's kind of dedication that gives people faith in a company SecuriCare... Guess that's no Christmas bonus for Mr Buckles then? Not unless he manages to screw over his under minimum wage employees even more.
Re: So nobody noticed.....
It was already known as the European Commission in 1993. The Commission's budget is tiny in comparison to GDP, national budgets or the multitude of subventions that member states push through to support their pet industries. But maybe you'd prefer price-fixing and higher mobile phone charges?
That's not to say that the Commission hasn't wasted money on pet projects but it does have a far better track record than most national governments.
Re: And at what point...
As soon as Apple makes Safari a requirement for particular tasks then you can imagine the lawyers penning their letters.
More surprising is the lack of action taken against the App Store and the whole walled-garden approach.
They don't actually mean Minnesota, just Minneapolis-St Paul. Or do you see these analysts actually driving out to Uncle Jurgen's farm to ask him? Likewise California will be the Valley or southern California, not Concord, and New York will be the city and not upstate, China will be Shanghai and Korea, Seoul.
There is now not an inconsiderable investment by pundits in the IOS eco-system. Android is far too anarchic for them to make easy sense (socio-economic) of. Plus, they don't tend to own one even though world+dog is busy putting one in their pocket or handbag.
@ El Reg size does matter but "form follows function". If people want to watch films and look at photos on their phone then they will want the biggest and best display that they can hold comfortably in one hand.
Re: lack of intent can be a mitigating factor.
Difficult to see that applying in this case. Burden of proof of complying with the judgement must lie with offending party, ie. Microsoft.
I-Book? I-Pod Max? They might certainly want to keep their toes in the pure consumer world that Amazon and now Google are going for.
I agree that 7" is too small for many productivity apps, my Samsung Galaxy 8.9 is about as good as it gets (size, weight and usability trade-off) in my view but perfectly good for media consumption which is why e-book-readers are generally 6" or 7".
Apple's happy as long as it means people are holding off buying from Amazon or Google.
Re: CEO Mayer is pregnant and due in October
That might suggest she has been given a kind of shepherding role to manage portfolio divestitures prior to Yahoo being rolled into another company. This is no slight on her ability or commitment but the board would be mad not to consider the risks involved in terms of her availability over the next few months. Credit must go to them for taking it into consideration and still going ahead. I sincerely hope it is successful.
I hope you are aware that the vast majority of computers sold over the past few years have been laptops, not desktops
This is not true. For the last few years more notebooks than desktops have been sold but the split is close to 60:40, i.e. in no way "the vast majority".
Re: Not surprising
The comparison is always with the US which is actually the odd one out in not having a licence fee, which was pioneered in Britain but quickly adopted elsewhere as a compromise between some notional degree of state control (no media free for all or digital tabloids) and limited state interference (the government doesn't make the programmes).
Who wrote this tripe?
Ideally the Telenor and GET homes should be merged into a single viable cable operator, owning 878,000 pay TV homes, out of the 2.2 million total TV homes in Norway and the 1.6 million pay TV homes, but of course Norway's regulator could not agree a deal like that, which would cede over 50 per cent of the pay TV market to a single company.
What is ideal about such a merger? How would customers or content makers benefit?
And it is this impossibility of getting a solution to the Pay TV balance in Scandinavia that legislates...
What? Scandinavia is not a legal entity; Norway is not in the EU which complicates cross-border deals; oh, and how the fuck can an "impossibility" ever draught laws?
The company is just a few weeks away from completing on its deal to spend $4 billion on its second German cable operator Kabel BW, and although it has also sold its stake in Austar for $1.1 billion in Austra- lia, the company has a reputation for buying cheap rising assets and selling not expensive falling assets, not the other way around, and with the prevalent low ARPU in Poland, this would be buying more trouble, and we don‟t see it, not unless any particular cable assets be- comes extremely stressed, not unlikely with the current debt scarcity, and sell for almost nothing.
Let's ignore the lack of clarity about spending and debt ratio throughout the article, though Liberty Media's debt to cash ratio does sound alarming, and concentrate on this single, breathless stream of thoughtlessness, sentence. Do we think the author ever read it back to himself? If he did, he might have noticed the hyphens left in from the press release.
Back to the facts: the Polish economy is doing well and a low ARPU might be expected to rise. The German economy has been doing very well but is due to cool a bit. Not, that that the state of the economy has much to do with pay-tv subscriptions, which have held up pretty well in America and Italy. Sky has invested heavily in Germany, particularly in the rights for football and is gambling that Germans are as keen to pay to watch football as the Brits. A theory that has yet to be demonstrated in 20 odd years of practice. The ramifications of the EU ruling on showing matches licensed for one country in another must also be factored into this equation.
In fact Germany, like Scandinavia, has good broadband which is constantly getting better (50 MB/s will soon be entry-level in cities) which favours a more fragmented OTT pay-per-view model over the plethora of hard to distinguish me-too cable channels. Convenience and cost-control over choice.
Re: The Ribbion
They could always try triangles!
Re: What else? I'm exited about this release!
Points deducted for the typo or did you really want to "exit"?
Re: I like Ribbon
I'm an intermittent user. It baffles the crap out of me. I had no problem with Word 2. It's only acquaintances who use it a lot who seem to like it.
One thing I have noticed is that it degrades disgracefully by hiding things behind arrows. Full screen 1600 x to half-screen (for document next to document comparison). Dreadful.
Re: It'll follow the Windows 8 trend
You've got to find the fucking thing first! I'm still stuck in the "Start" menu/ribbon/dildo. I can do all kinds of things not related to "start" like format text, but save the damn stuff? No chance!
A friend of mine in Washington State asked me to set the record straight. Apparently not all this happened in Kitsap county The wrecking yard incident was actually in Belfair, Mason County and the order of the events is wrong. But on the positive side we can add the following to the Kitsap tally:
But his vote would also go to Florida for a LOONS award...
Re: When is Ballmer going to be put out to pasture?
I don't think he'll be given a year. The two quarterly reports following a Win 8 launch ought to be decisive. Given the lack of dramatic success with Windows Phone 7, Microsoft is going to need some big, poster child success with Windows 8 tablets to convince investors that it has got the right strategy.
Missing the point
The judge's comment has pulled the rug out from under Apple or perhaps more accurately, the curtain from in front of the wizard. Apple may be "cool" but this is an entirely subjective judgement and no defence in court. It gave the judge his fifteen minutes of fame but it is the precedent set by his judgement that will be remembered years from now.
Gadgets were just another "me too" feature that MS copied from Apple in Vista. While the basic idea making it easy to have customised and easy to install front-ends to web services has merits, it never made a great deal of sense as a programming paradigm for an operating system.
Things have changed since then with the move towards a lasting plurality of platforms making platform-independent programming more valuable. The web run times have come on in leaps and bounds, but the fundamental principle of putting these things in the best sandbox you can come up with has not changed and Microsoft's insistence on embedding the browser runtime into the OS is as misplaced now as it ever was.
Did I read this right?
"Incorporating patented technologies into standards has the potential to distort competition by enabling SEP owners to negotiate high royalty rates and other favourable terms, after a standard is adopted, that they could not credibly demand beforehand,"
That would mean an end to the MPEG cartel which is all about filling standards full of patents.
Yeah, right. Ain't gonna happen.
Re: Hear, hear!
No, but it does allow companies to import via the UK to any other EU or EFTA member. Any attempt to prevent that would be seen as a barrier to trade within the internal market and likely to bring the Commission down on it like a ton of bricks.
The judgement can be appealed but is also likely to be read in other countries. Although, the courts are free from political intervention in most EU countries, they are generally bound to follow political imperatives when deciding which cases to accept. Having your case thrown out so clearly in one member state might be seen as a precedent and encourage courts in others to view the case somewhat sceptically, though it can never be ruled out that another court views the matter in another light. The chequered history of different interpretations of the law in England and Scotland has plenty examples of that.
If the judgement is appealed at a European level, of course, it might lead to a EU wide ruling. An appeal would have to have good grounds to overturn the initial judgement. Apple might prefer to leave the matter somewhat moot rather than have the patents invalidated at the European level as that would almost certainly count as precedent in other jurisdictions.
Re: Wait, what?
Maybe such features are just around the corner? Poke me, you know you want to.
Personally I much prefer Bitbucket's T&C's over GitHub's, especially about indemnification. And I don't have to use git there but I could if I wanted to.
I have a similar vintage Mac Mini which serves as my backup machine in case this MacBook Pro develops any of the heart-stopping hardware faults that its predecessor did. Fortunately, that has so far not been the case and at least the DVD reader in the Mini is showing those disturbing signs of imminent death that retirement might need to be considered.
As to Moutain Lion: will it address the terrible stalling whenever TimeMachine wants to do something that came with Snow Leopard? Will it fix the awful bugs introduced to the Bluetooth stack in Lion that mean lots of headsets don't work properly? Apple rightly has a reputation for quality and attention to detail but when they do have bugs they can be real stinkers!
Re: Looking for a new job methinks
No, the point may have been: it's a great device and well-designed but there are limits as to how much a "simple design" can be protected.
The judge has come close to damning Apples "magical and revolutionary" device by faint praise and diplomatically thrown the case out.
No law required
The European Commission has already indicated that it views this kind of lawsuit and patent/trademark tourism as a possible barrier to trade in the single market. It's certainly possible that this might lead to only being allowed to make a single case in the whole of the EU with some safeguards to stop companies seeking out favourable courts as they apparently do in America.
I can see some of the silliness being moved to the WTO as has happened in the airline industry.
Or maybe investors have started to have serious doubts...
Or maybe it's just a bad day at the exchange. Most indices are suffering today. Not that really matters to all the "analysts" and "investors" who are so often blithely referred to.
Long-term it has been demonstrated to be better to invest in a company that regularly pays dividends than in one whose stock tends to rise. Real jam now versus possibly more jam tomorrow.
What terrible nightmares of the future!
Any fule no that there is only one real supercomputer: the mighty Orac.
Blinking lights and pedantic!
Re: Not 100% of apps running?
There have been a few reports of users having lag on the 3GS running iOS 5. However, general consensus has shown that the performance on the 3GS has not been hit with iOS 5
Anecdotally. a friend of mine confirmed this and complained bitterly at the speed of app updates being released that required IOS 5.
Re: Does AnTuTu use JNI/NDK?
Yes. And this is the crux of the problem for Intel: in order to get into the market it has to come with emulation so that people can run existing apps at reasonable speeds but this itself is a disincentive for developers to port any ARM code to x86.
x86 is considerably better at rendering websites than ARM but it also uses more power to do so. The move in ICS to GPU for this significantly reduces this advantage, though I don't know how the power comparison shapes up.
All in all, the phone sounds like an impressive achievement and is competitively priced enough to get the kind of sales needed for more. But, without any real USP for manufacturers to switch from ARM to x86, it does beg the question as to how long Intel will be prepared to subsidise the market with development and marketing support and sweeteners.
Re: Don't celebrate just yet, folks
He's right, in that the Commission has the right and perhaps even the obligation to continue to try and get such international legislation passed. He also goes on to say:
Second, once we will have identified and discussed these possible clarifications, I would intend to make a second request for consent to the European Parliament. Whether the Parliament will consider it under this legislature or the subsequent one, will be for you to decide.
ie. the treaty would need amendment before being resubmitted to the European Parliament.
Of course, the rejection is also an instruction to the Commission to start renegotiating the treaty without waiting for the Court to publish its opinion.
It's not the court...
... .it's the European Parliament. But from your statement I assume you also think that the caps on mobile phone roaming charges were also a bad idea?
It's not just the UK that has adopted the European law into national law. Other countries were even faster. As for enforcement the ICO has made it pretty clear that it won't be targeting small websites.
Re: ... which is why...
there would be no greater risk in ebanking on a mobile than there is on a PC or a MAC.
If that is suppose to reassure people using PCs and Macs for online banking then it shouldn't. They are just as vulnerable to clickjacking as this attack.
100 % safe isn't possible with online banking but using hardware encryption like HBCI which separates authentication entirely from the OS, is reasonable.
Was initially asked for by parts of the European Parliament many months ago but refused by the Commission which was confident it could railroad through the secret legislation. Secret legislation is intrinsically undemocratic. The treaty will be unbundled to handle trademark and copyright separately an be renegotiated, hopefully in public, and might have a chance of succeeding.
Deutsche Telekom was given the incentive of a time-limited monopoly to exploit FTTH and, thus, recoup investment costs. This is essentially the same model as for toll roads and bridges and is, thus, perfectly okay in Europe as long as the tendering process is okay. Wholesale access is, as far as I know, available but not under same conditions as DSL connections are. This is fair enough as most of the cable-laying for the DSL infrastructure was done years ago and paid for by the state.
Didn't El Reg recently cover how IBM is moving to HTML 5 for the Wimbledon stuff?
Certainly for publishing content HTML 5 is already the choice of many using things like Adobe's offerings. It might get embedded in a minimalist native app for controlling distribution and charging but the content is all HTML 5 as publishers have finally realised that mobile devices are less limited than desktop browsers. Add to this the commercial imperative of not paying for another billing system and the case is pretty clear.
In the future
If this sounds like a silly question then maybe it is. What happens to Google Maps once Apple has implemented it itself? Is is then banned from IOS because "it duplicates functionality already provided"? If so, and I have no idea whether this is the case, that would surely be an interesting case for the competition authorities.
Google too aren't going to be happy with the ruling either. It had high hopes for the handset and handed out 6,000 of them at this week's I/O developer's conference as a platform for people to design applications around.
Google was handing out the Nexus 7, a different device produced by Asus and not Samsung, at the conference and not covered by this court case.
No one likes to be shut out of a market but historically the US market for mobile phones has been distinct. In the years where Nokia reigned supreme, it had only a paltry market share in the US. Initially, sales of the I-Phone in the US did allow Apple to kick start the app and content eco-system but now the US market is neither numerically nor financially as important as it was a few years ago as the effects of commodifying the hardware and focussing on software ripple through the industry.
My Samsung Galaxy (8.9) has a higher resolution and is noticeably lighter than an IPad 2. It has better connectivity - I use DNLA, SMB, HDMI and an SD card, though the last two require adapters. I can choose which apps can open which files, e.g. Adobe Acrobat or the E-Book reader for PDFs and I use Adobe Proto for work and it's become my main personal music player.
I've seen an I-Pad in action: yes, the display is silkier but notifications and widgets are better on mine as is the default e-mail client. There are more apps for IOS, though few that I really missed apart from The Economist. But even that changed last night, no surprise methinks. Google must have lobbied publishers pretty hard.
Lots of people love their I-Pads with good reason but I have friends who complain about the restrictions imposed and who are planning to make their next device an Android. Though, it would be just as much a mistake to extrapolate too much from their sentiment as Andrew is from his. And, Andrew famously got the emergency of the I-Phone wrong.