2645 posts • joined 16 Apr 2007
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.
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.
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.
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.
Re: There's still China
In continental Europe, and especially Germany, Firefox very much does hold sway. It's about 50 % for a large corporate site I know.
That said, SiteCounters' metrics are not reliable because they are very piecemeal. Aggregates coming from Google Analytics, Adobe or Webtrends or other large providers are likely to be more representative. The stats that I have access to have about a three-way split for Chrome (all versions), IE 8, IE 9 and Firefox (all versions) for the world. Chrome has gone up about 10 % in a year on those metrics.
Been wrong before
Panasonic bet heavily on plasma, which while the pictures are arguably better than LCD, are the smaller player. Even though power consumption doesn't seem to sway many it's worth bearing in mind that 100 Watt difference is about € 70 per year, assuming an average of 4 hours daily use.
Just as with LCD, OLED will benefit from economies of scale but is set to benefit even more so from the "additive manufacturing" technique based on the work from Dupont and others that's already licensed. It's going to need to be as well because of the still unsolved problem of OLED ageing.
Regarding upgrading - OLED screens combine the beautiful blacks of plasma with LCDs low power. The colours tend to be slightly oversaturated but you can, of course, control that. Even though I've only recently bought a beautiful LCD screen I would definitely consider trading it for a comparable OLED under € 3000.
He's from PWC so, of course, he knows nothing about things actually work, just how to charge companies large amounts of money for wasting their time.
As long as there is added value in any of these services, then there is a business model for the infrastructure as the networks in Africa, India and even Afghanistan demonstrate. In Ghana, the government has even started using the same model for collecting revenue. Governments sometimes have no choice but to take a backseat approach to such developments which risks encouraging monopolies. So, regulation and good governance are probably more important that investment programmes, though shared infrastructure (government-owned or contracted towers and backhaul with operator cells) will probably more common as the technology becomes more ubiquitous and standardised.
+1 for Google
They really are coming on in leaps and bounds. I think the Nexus 7 is an attempt to kickstart the market for publishers on Android which has been very sluggish, especially for pads. Google, like Amazon, happy to be a loss-leader in the device market. It's small enough to leave room for other partners to release larger, added value versions and building it with Asus should put paid to the myth that Motorola Mobility is some kind of preferred partner.
Jelly Bean seems to be underlining on the software side what the hardware side has been showing for the last few months: technological superiority over IOS. The graphics rewrite is long overdue and the key area where IOS has been ahead of Android. Offline voice recognition is very impressive.
The Nexus Q looks like a vanity project, which is why they were also giving them away. Might be interesting to see what people come up with. I'm currently looking for some kind of home media system and have not yet seen anything that would really do. I can see a cut-down version of the Nexus Q being it.
You forgot to add that it isn't even a distro. Still, more likely to be the future of consumer-facing linux but one without stupid fucking penguins and silly licensing. Wouldn't surprise me to see them even swap the kernel for something else.
Re: Illegal or not... The raid had the "desired" effect...
Now that there is a precedent I think you'll find they're likely to spring back into action but might have some tougher T&Cs and use of GeoIP to restrict access from the US.
Re: Buy British!
A special thanks to the EU for another pointless piece of bureaucracy.
Yeah, that safe harbour thing, which prevents the FBI, the CIA, and pretty much anyone with letterhead paper from taking a peep without a warrant at your database is just "another point piece of bureaucracy".
I guess I wouldn't mind if this was just Silicon Roundabout but just like toast falls butter-side down, these fools might be involved in policy making at some point...
Meanwhile from the basement:
4.17 [#/sec] (mean)
The competition must be quaking in their boots.
Dear El Reg, is this going to be the article with the most fails ever?
Pity it isn't a real service. :-( That would be my kind of network.
Might make a summer project out of it. You can't post anything unless you've got two ticks. Fortunately, for really important stuff you can simply leak the information.
Re: site down
I'm not sure that will even be necessary. It looks like it's PHP + MySQL so, unless there's connection pooling and a good DBA around, max connections will be an issue pretty quickly and someone will need to add a lot of indices by hand if they don't want queries to die the agonising death of file scans.
Ouch, and before anyone asks, this isn't hacking or DoS.
ab -n 1000 -c 10 http://www.menshn.com/
This is ApacheBench, Version 2.3 <$Revision: 655654 $>
Copyright 1996 Adam Twiss, Zeus Technology Ltd, http://www.zeustech.net/
Licensed to The Apache Software Foundation, http://www.apache.org/
Benchmarking www.menshn.com (be patient)
apr_socket_recv: Operation timed out (60)
Total of 33 requests completed
Re: site down
14:43 it's down again.
I wonder if this hasn't been stolen from a future "In The Thick Of It" script? You can just imagine Malcolm Tucker and his adversary setting up rival social networks...
The icon is for the bozos who set this up.
You can also see it as a way for manufacturers to outsource the often terrible UIs and remote controls. Take the user part of the OS out of the telly and give it an API. Control all the house's telly with one device and incidentally make wireless streaming between devices even easier. After all this is what Apple TV does.
I can see people going for the remote alone on this. While I like my Philips remote control and DNLA works pretty well, it's useless for searching: while music has bands, albums and genres films are just one long list.
Damning by faint praise
Windows Phone 8 provides a consistent interface, not a competing service, and that could be as critical as any other feature Windows Phone can boast.
Nicely done, Bill, tucked down at the bottom you point out that Windows Phone 8 does little to suggest that it will be any more successful than Windows Phone 7. Plus, it's still vapourware, while Google is already out there gaining experience and signing up customers. Apple, meanwhile, is pressing ahead with its own NFC-free, gatekeeper system. Again, gaining experience, educating punters and acquiring customers.
While I'm a great fan of NFC for all kinds of things, I reckon that payment by NFC is a bit like the new videophone: touted by all kinds of vested interests but greeted with a shrug of the shoulders by consumers. I'm sure I'm not alone in thinking that, as soon as my wallet is my phone, it's even more likely to be stolen? I like paying the banks to provide reasonably secure infrastructure: cash machines, payment terminals, etc. It means I don't have to assume the responsibility for securing them myself.
Re: ok - if you believe this
Apart from the smart meter - not available here but I'm not that convinced by them - I already do. My electricity is supposedly* 100 % renewable and costs the same as the other sort.
* Unless I'm directly connected only to renewable sources this isn't possible but my provider is obliged to buy and, more importantly, provision from renewable sources. We're already at nearly 20 % renewables here: http://www.swd-ag.de/privatkunden/strom/stromkennzeichnung.php (in German).
Re: I am against "renewable" power.
if you actually THINK for a moment, actually impact the environment DIRECTLY.
You've got to love the power of fallacious appeals to common sense, it's what makes American political debate so utterly full of spurious shit. You, sir, are clown of the week.
Houses, office buildings, roads. bridges, dams, ships, ports, oil rigs, etc. all affect the local winds and tides. Then there's farming and forestry. Or didn't farming had anything to do with the 1930s dustbowl?
Re: When channels show ads
I've noticed that all channels seem to do adverts at the same time
Ever since there has been commercial television this has been known as "the chicken race": the first channel to launch the break is going to lose the greatest number of viewers. This behaviour is well-understood and measurable unlike most of what the article covers.
Re: Units of Time
Bugger that! Time is obviously defined relative to the time it takes to down a pint of non-fizzy beer. This allows for relativity making Mondays very slow, lunchtimes too fast, and an excuse to knock-off early on a Friday so that you can "recalibrate your watch!"
And your point is?
The main point of the legal case is to establish guilt, presumably of negligence.
"Injury" is a legal term and covers al manner of things including inconvenience. Whilst I agree that the case may indeed be opportunistic I do think it a perfectly reasonable use of the class action legislation so that once the legal points have been decided further individual cases are not required. I'm ambivalent as to whether I want the case to set a precedent in this. Technically, I think that LinkedIn is guilty of sloppy programming and basically negligence - a bit like a builder skimping on cement in the concrete. But I'm also aware that some of the sites I have worked on myself in the past don't have the best security. However, I suspect the case will spend most of its time worrying about how the data was obtained.
Re: Definitions - are you sure?
Yes, I am sure, seeing as I said "salt or system [for generating a salt]". Because it's systematic it's never arbitrary.
Salting adds extra arbitrary data to a password when it is hashed
Not quite. Any system will use the same salt, or system, for all passwords. So salting is only as safe as the salt and the security is that rainbow tables generated for one site will not work with others.
Re: Geo racial profiling?
Atlanta is pretty cosmopolitan thus the students with international backgrounds living there.
Very weird making stores the gatekeepers though. That's what customs officials are for: person has electronic equipment with them? check boarding cards and massive database and follow instructions.
Re: Not upgradeable is not ok
I suspect this will be down to the kernel not being backported to whichever ARMs run Windows Phone 7. Existing manufacturers aren't going to pay for something that won't sell more phones and you can bet quite a lot that Intel has contributed to the kernel which will mean restricting options even more. Expect Windows 8 phones to be even more identikit than Windows 7 ones. Be interesting to see how long anyone thinks it's worth trying to compete with Nokia - that might be Microsoft's long game.
Any comparison's with Android's upgrade strategy are flawed. While the problems with more recent versions (Gingerbread, Honeycomb, ICS) are largely down to the vendors and networks, they're not all that great and the number of DIY kits that allow you to upgrade yourself. Sure, that's very poor customer service driven partly by the desire to sell newer toys but also by the inability to manage the code base. Earlier changes included more significant work on hardware support so upgrades from 1.x based hardware beyond 2.x weren't really possible,
You can’t do code coverage with a dynamic scripting code
Python does have a coverage module for use with one of the testing frameworks. I don't know how that compares with Java and .NET equivalents but I do think it is wrong to categorically assert that coverage can't be obtained for dynamic languages but 100% is possible for unit tests.
Sure, there are cases where the code can be mutated in runtime but these are minimal and should only come from people who are happy to shoot themselves in the foot or prepared to use PyPy to create a statically compiled version of their code.
I thought that the debate had moved on from simple static vs. dynamic into horses for courses. Statically compiling does not remove all sources of errors, which is why we have testing. It does allow for much better memory allocation which is one of the main reasons that compiled code runs faster.
Apples and Oranges
These languages are "breaking into the enterprise" partly because some of the startups that used them are becoming enterprise. There have been some early successes in certain domains: banks like Python because one of the popular backend systems (I forget the name) exposes the C++ via Python; ILM and Disney were early adopters, because like many others, they discovered its advantage for plumbing other bits together and helping move lots of data around, NumPy and SciPy are moving from the scientific community to enterprise - NASA and ESA are now modelling jet engines in Python.
The jobs fair at this year's PyCon was a veritable who's who of "large" companies: Google, Facebook but also Cisco and Morgan Stanley.
Re: PHP , Python : legacy languages
C#/Java code with high code-coverage during functional & performance testing is less likely to fall-over and need constant maintenance.
A good testing strategy will save many a project and should be independent of the programming language; assuming the language provides nice access to testing tools. I'm not sure what you mean by "functional testing", i.e. whether this is a synonym for unit-testing (terminology may be indicate language bias) also also includes more user-side testing, which unfortunately breaks very easily. A key side-effect of testing is that the premises and hypothesis behind the code become exposed. When it comes to maintenance, and I think the metrics show that more time is devoted to software maintenance than to development, readability counts.
Re: Well I think it looks great
the next couple of generations of Intel chipsets will start matching/beating the current ARM generation in terms of power consumption
You used the wrong icon for trolling... ARM chips are more power efficient because they use fewer transistors to get the work done. Intel's advances are in making chips smaller and cooler but they can't erase that fundamental difference. So, you have Intel competing in a design race it can't win unless it breaks backward compatibility and the various fabs competing with Intel's considerable process nous. The economics are important: Intel can afford to sell its chips for a lot of money so it can afford to continue investing heavily in process and plant. As ARM chips sell for a lot less, the fabs have to sell a lot more of them to be able to continue to invest in process and plant. But the combination of TDP and price is making ARM attractive to areas outside phones, boosting volume. From my own back of the envelope calculation the lead that Intel has on the competition in terms of process is shrinking: Intel is dropping down to 22nm geometries just as the fabs are moving to 32nm, they stayed on 60nm and even 90nm for quite a while after Intel had dropped to 32nm. Plans to go down to 22nm have been announced and in this the fabs profit from the continued commodification of chip design forcing them to co-operate with each other (the volume is high enough) to cover the increasing costs of each new generation, just as such economics are starting to turn against Intel: should there be a significant take-up of ARM-based servers anywhere, expect Intel to drop prices.
CAPTCHA's no longer pit man against machine - most of them have become so annoying that I often give up - but increasingly man against man but with vastly different incentives. The CAPTCHAs I come across are generally related to getting access to some kind of website service and have little marginal value. Post-submission validation by e-mail seems to work just as well and is far less irritating, but where CAPTCHAs are used to protect identity then the thieves have a far greater incentive to attempt to crack them.
...is not what Apple likes to do. It likes to buy in, package nicely and sell on to the customer with a nice margin. Which is why Siri uses Wolfram Alpha, the chips come from Samsung, etc.. Otherwise Apple probably would have bought TomTom for maps and Yahoo for search. They could probably by both for well under USD 20 billion.
Apple still makes the vast majority of its profits from its hardware and uses the software and services to tie people to it, a point that El Reg's Mr Orlowski made many years ago. This was the unsaid message from the Android swipe last week - the small percentage of IOS users on older versions is the same small percentage on older phones. All the rest have already bought a shiny new one.
Re: Silicon Roundabout
The reference was somewhat tongue in cheek. There are more than enough IT clusters close enough to visit - ARM, and co. in Cambridge. I just like the Day Today style implication of how school funding is now so poor that the winter ski holiday has had to be relocated from Lake Tahoe to St Moritz.
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