Archive forJune 3, 2009

Tech giants reportedly targeted in DOJ probe

Apple, Google, and Yahoo are among the tech giants being investigated by the Justice Department for possible antitrust violations related to negotiations over the recruiting and hiring of one another’s employees, according to a Washington Post report.

The review is said to be “industry-wide” and in preliminary stages, according to the report, which cited two unnamed sources. Companies that agree not to hire away talent could be stifling competition, the report noted.

Representatives for Apple, Google, and Yahoo, as well as the Department of Justice did not immediately respond to requests for comment.

Tech companies, known for their exhaustive recruiting efforts, have waged fierce battles to maintain top talent. In one closely watched case, Google was sued by Microsoft in 2005 over Google’s decision to hire Kai-Fu Lee away from Microsoft to run Google’s research operation in China. The two parties eventually settled out of court.

IBM has proved particularly territorial about departing executives. Last month, the company filed a lawsuit in federal court to prevent its former head of mergers and acquisitions, David Johnson, from joining Dell, saying it would be a violation of his contract.

Last year, IBM sued Mark Papermaster to keep him from joining Apple. The lawsuit claims were nearly identical, with IBM charging that Papermaster’s joining Apple would cause him to divulge trade secrets and was a violation of the non-compete clause to which he agreed. IBM and Papermaster settled after three months, and Papermaster finally started working at Apple three months after that.

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Court orders Dish to pay $103 million to TiVo

A federal court has awarded TiVo $103 million plus interest in its long-running patent dispute with EchoStar Communications and ordered EchoStar to disable infringing features found on its subscribers’ digital video recorders.

U.S. District Judge David Folsom on Tuesday also found EchoStar, which is now part of Dish Network, in contempt of court for violating a permanent injunction by reprogramming millions of DVRs with a new “workaround.”

“The harm caused to TiVo by EchoStar’s contempt is substantial,” Folsom wrote. “EchoStar has gained millions of customers since this court’s injunction was issued, customers that are now potentially unreachable by TiVo.”

Englewood, Colo.-based Dish, which has roughly 13.6 million subscribers, said in a statement it would appeal the contempt ruling and file a motion to stay an order that requires it to disable the disputed DVR features within 30 days.

“Our engineers spent close to a year designing around TiVo’s patent and removed the very features that TiVo said infringed at trial,” the company said. “Existing Dish Network customers with DVRs are not immediately impacted by these recent developments.”

The Alviso, Calif.-based maker of set-top boxes applauded the decision.

“We are extremely gratified by the court’s well reasoned and thorough decision, in which it rejected EchoStar’s attempted workaround claim regarding the TiVo patent, found EchoStar to be in contempt of court, and ordered the permanent injunction fully enforced,” TiVo said in a statement. “EchoStar may attempt to further delay this case but we are very pleased the court has made it clear that there are major ramifications for continued infringement.”

In after-hours trading, shares of TiVo rose $2.53, or 36 percent, to $9.51, while shares of Dish fell $1.19, or 6.9 percent, to $16.05.

TiVo first sued EchoStar in 2004 for violating a patent on a “multimedia time-warping system,” which involved recording a program on one channel while watching another.

A jury in 2006 found that Dish Network’s DVRs infringed upon a patent held by TiVo and ordered it to pay TiVo $73.9 million in damages. A federal appeals court upheld the ruling in January 2008, as did a second U.S. appeals court in April 2008.

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Adobe service puts browsers side by side

Adobe’s BrowserLab is a hosted service that allows Web developers to visualize what their site looks like in different browsers.

(Credit: Adobe)

Adobe on Tuesday said it is offering a free preview of its BrowserLab service, which allows Web developers to quickly see what their site looks like on a number of browsers.

The technology, previously code-named Meer Meer, was shown last year at the company’s Max developer conference. Using virtualization, the tool can show how a site will look in Firefox, Internet Explorer, and Safari running on different operating systems. Running BrowserLab requires a Mac or PC with Adobe Flash 10.

“Cross-browser testing has been one of the biggest challenges for Web designers because it is such an arduous and time-intensive task,” Adobe’s Lea Hickman said in a statement. “Now with Adobe BrowserLab, designers have a simple solution that enables comprehensive browser compatibility testing in just a matter of minutes, leaving Web designers with more time to be creative and deliver the high-impact sites customers are demanding.”

Designers can compare a site in two browsers side by side as well as use an “onion skin” mode that shows a site in multiple browsers overlaid one on top of the other.

Adobe said that the preview version would be free, though it plans to charge at some point.

BrowserLab “will move to be a paid service down the line, though we have not announced the timing,” Adobe product manager Scott Fegette said in a statement. “Currently the focus is on getting the preview out to users and making sure we’re providing the best possible user experience.”

Microsoft showed off a similar tool, SuperPreview, at its Mix09 event in Las Vegas earlier this year. Microsoft announced that the latest version of its Expression Web software for Windows would include the feature and show multiple browsers via a cloud-based service. It also made a free standalone version of SuperPreview available to allow users to compare how Web pages render in the three latest versions of Internet Explorer–IE 6, IE 7, and IE 8.

Fegette said that Microsoft’s approach requires a large PC-based application.

“All we know is what was announced about SuperPreview a couple months ago at Mix, which at its core appears to be a large, Windows-only desktop application available for download which provides previewing support for locally-installed versions of Internet Explorer 7 and 8 alongside a dedicated IE 6 emulator, with the promise of ‘cloud-based access’ to alternate operating systems and browsers at an undisclosed point in the future,” Fegette said.

BrowserLab’s “onion skin” view compares how a Web site looks in multiple browsers with different browsers’ views overlaid on one another.

(Credit: Adobe)

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Hands-on with Wave: Weird and quite wonderful

Google just opened up to a limited audience its very interesting communications experiment called Wave (news stories). Our hands-on evaluation: there’s a lot to like. It really is a more contemporary take on communications. But it will knock many e-mail users off-balance.

Even Wave’s own Software Engineering Manager Lars Rasmussen told me, “It takes a little getting to,” and, “We’re still learning how to use it.” Imagine how everyone else will feel.

If you want to try Wave, you’ll have to wait. Google is making access to the service available to some developers and press, but full availability will not be until “later this year,” Google says. The version we tested was very raw, still in development. Many features were not implemented and the system threw us a few errors. But the framework and philosophy is clear to see, and that’s what this evaluation is based on.

Getting started in Wave: It looks a lot like e-mail…

(Credit: Screenshot by Rafe Needleman/CNET)

What’s Wave?

Wave is real-time e-mail. What that means is that when you’re writing a reply to a message (or “wave”) that you receive in the system, the recipient can see what you are typing as you type it. It will come as a relief to most that the real-time feature can be disabled if you click on the “draft” button (not working in my trial) while writing. But real-time visibility is the default.

You can put your replies anywhere in the message. You can also do this in regular e-mail, but in Wave, your comments are easy to pick out since the app bounds reply text in colored boxes with authors’ pictures embedded in them. Those of us who prefer to reply to e-mail messages at the end (or the beginning) and not piecemeal can just reply as usual. But when you want to write a surgical point-by-point reply to a message, Wave makes it easy.

You can drop pictures straight into Wave messages (a neat trick in a browser-based app, made possible by Google Gears), and smart assistants will let you convert addresses to maps, automatically fix spelling errors, and expand contact names.

But Wave is not e-mail. In this image, I am watching co-developers Lars and Jens Rasmussen type replies to my query. The teal tag shows that Jen is typing right now; Lars, who just finished typing above Jens, had his own, separate color.

(Credit: Screenshot by Rafe Needleman/CNET)

But it’s the reply-anywhere feature combined with the real-time function that’s most interesting. It makes Wave the first useful blend of e-mail and instant messaging that I’ve seen. Unlike Google’s previous attempt to meld the two communications modes into one app (Gmail has Google Talk in its sidebar), this one really works. An asynchronous e-mail conversation between two people can can stay that way, or it become real-time when both parties are online, and the dialog stays in place in the e-mail for later viewing. Switching between the e-mail and IM mode is seamless. In fact, the concept of the two different modes vanishes in Wave.

Wave’s message handling really shines when a conversation is between more than two people. Using Wave and its specific, color-coded replies, a group of people can have an actual discussion in e-mail, in real-time if wanted, without getting bogged down in long multi-message discussions–or worse, in threads that end up forking so that different people are discussing different things.

The Wave in-box pane shows you when there are new messages in your threads by bolding the subject lines, and when somebody is actively typing in a wave, you can see the text come in live, in the two-line preview every message gets. That’s really cool, although it can be overwhelming.

Speaking of being overwhelmed, the first time I had two people replying to me in an individual message at the same time, in different places in it, my head almost exploded. It’s a lot of raw information coming it at once, and it’s very different from the old e-mail or the instant message experience.

A new communications architecture

A lot of what Wave does is made possible by the fact that Wave messages don’t live primarily in the desktop Wave client (which is actually a rich browser-based app), as the traditional design of e-mail dictates, but rather on the Wave server. Messages aren’t just dropped off at your Wave client; persistent links to messages on the servers come with them. When you edit a wave with the Wave application on your computer, it’s immediately reflected back to the Wave server, and from then out to other users who are viewing that Wave in their apps, immediately.

Wave servers synchronize with each other as needed. In fairness, this is not radically different from how Lotus Notes and Microsoft Exchange work, but Wave has no legacy support for old e-mail architectures whatsoever, and isn’t bogged down by the old methods–like the practice of delivering messages to users and then severing the links to those messages.

Other benefits you get from this include the capability to add new recipients to a wave at any time, and for Wave to know, when that happens, what each user has read and what they haven’t. Users’ views into Wave will highlight what’s new to them when they open a message.

And, taking a page from Twitter Search, Wave’s search function will be real-time (it wasn’t when I tried it). If you are searching for a word or phrase in your inbox of waves, and someone updates a message thread with your search target, that message will pop up in your results the moment they type in the change. (You can save searches in the navigation bar, a nice feature.)

All together? Not yet

At the moment, the only people Wave users can communicate with are other Wave users. Wave addresses look like e-mail addresses, but there’s no gateway between Internet e-mail and Wave, so messages send from standard e-mail clients to Wave will bounce. This is a serious limitation, and one Google hopes developers will rectify by writing gateways between Wave and standard e-mail servers, not to mention IM services and other social and workflow systems like Facebook, Bugzilla, and so on. A Twitter interface is already being shown.

However, as Rasmussen told me, Wave is currently spam-free since it’s not linked into the global e-mail system. He doesn’t want to open up Wave to standard e-mail until he can ensure that this system won’t be overrun, too.

In fact, the reason Wave is being released in the way it is right now–as an early developer-only experience–is to encourage programmers to write extensions to it. The e-mail gateway is particularly critical, and Google may develop it itself. Without it, Wave is yet another new communications medium that will have a hard time getting off the ground since it duplicates many capabilities people are already accustomed to. Wave is technically a radical departure from e-mail, but for the end users it will still be used for a lot of the same things e-mail is.

Google’s Wave team hasn’t yet done much integration with other Google developers’ projects, although Wave was introduced to the company through a detailed video demo. As Rasmussen told me, “To say we’re ‘working with’ other Google groups would be a stretch.” Obvious integrations we’re waiting for include Gmail, Google Docs, and Google Voice.

It’s about time

The merger of e-mail, instant messaging, and collaborative editing is overdue. Aside from the inertia of technology, there’s no reason we should we need different applications–an e-mail client (or site), an instant messenger, and a collaborative editor–for variations on the theme of textual communication. I give Google a lot of credit for kicking off this experiment.

When Wave comes out, try it immediately. It really is an eye-opener.

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Wolfram Alpha holding live Q&A Thursday

Wolfram Research’s Stephen Wolfram will take live questions over the Internet Thursday on Wolfram Alpha.

(Credit: Wolfram Research)

Wolfram Research is looking for feedback on its new Wolfram Alpha service.

The company plans to hold a Webcast Thursday at 2 p.m. PDT on Justin.tv to discuss Wolfram Alpha, now entering its third week of existence. “We thought you’d enjoy hearing Stephen Wolfram respond to some of this feedback directly,” Wolfram said in a blog post Monday afternoon.

CNET readers had plenty of feedback for Wolfram Alpha following its initial debut, marred by technical glitches and an incomplete understanding of how the service was meant to be used. Anyone who didn’t get a chance to pose their comments, or still had questions after our comprehensive look at Wolfram Alpha, might want to participate in the Webcast.

We’ll also be watching the Webcast, and will report on the questions and answers posed to Stephen Wolfram on Thursday afternoon.

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New malware attack infecting Web sites

Security firm Websense has put out an advisory warning Web site owners about malicious code that redirects surfers to seemingly safe sites.

About 40,000 Web sites appear to have been compromised with rogue JavaScript code that redirects Web surfers to a fake Google Analytics site, after which they get passed onto a site that tries to exploit Internet Explorer or Firefox vulnerabilities to infect that PC with malware, according to a Websense researcher quoted by Computerworld. Just for good measure, if the site can’t find a browser vulnerability, it tries to trick the user into downloading a Trojan.

It’s not clear how the sites were compromised, but Computerworld reported the redirect sites are being hosted in the Ukraine, implying that the Russian Business Network is behind the threat.

This is a separate scam from the Gumblar attack that made the rounds last week, according to Websense.

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Intel sales chief talks Netbooks vs. notebooks

Intel marketing chief Sean Maloney

Intel marketing chief Sean Maloney

(Credit: Intel)

Unleashing innovation is key no matter what laptop category you’re talking about–whether Netbooks or low-cost notebooks, said Intel’s sales chief, ahead of this week’s Computex trade show in Taipei.

I spoke briefly with Intel’s marketing chief Sean Maloney–who is at Computex this week–on Monday night and asked him about how the wave of low-cost, thin notebooks based on his company’s “ULV” (ultra-low-voltage) chips may affect Netbook sales.

New, aesthetically appealing, inexpensive notebooks, such as the $699 Acer Aspire Timeline, could make Netbooks less attractive, which pin a lot of their popularity on bargain-basement pricing.

Maloney said Intel is not going to fret over sacrificing one category of laptops because it needs to protect another.

“It’s a loser mentality to not develop one segment because you’re worried about the other,” he said. “I think we have several years ahead of us where we can innovate the heck out of any of these categories without getting defensive about the other one. You just need to unleash innovation in all of the segments and see what happens.”

And what about the new 3G-capable Netbooks–which Qualcomm had dubbed “smartbooks”–appearing at Computex from Asus and upstarts like Mobinnnova which are tied to the ARM processor and sold through telecommunications providers? “The more the merrier. The more innovation there will be. It’s good for the industry to have competition,” Maloney said.

New ULV notebook wave: Acer Aspire Timeline has a number of the same specifications and attributes of the upscale Dell Adamo but is priced more than $1,000 below the Adamo

New ULV notebook wave: Acer Aspire Timeline has a number of the same specifications and attributes of the upscale Dell Adamo but is priced more than $1,000 below the Adamo

(Credit: Acer)

Maloney continued. “We’ve shipped very large numbers of Netbooks through service providers in the last year and a half. Most of the service providers around the world have been shipping Netbooks for some time,” he said. Hewlett-Packard, for instance, is now selling an Intel Atom-based Netbook at Verizon stores in the U.S. with 3G built in.

And, how important is the rollout of the new ULV chips? “This is a big announcement and it’s kind of on par with the original announcements we made with the original Centrino,” Maloney said.

“Fashion is going to play an ever-bigger role (in notebooks). It’s like the cell phone industry four or five years ago. An incredible number of designs are coming out in the thin form factor.”

“Very light, very thin, and incredibly long battery life,” he said of the ULV laptops. Sounds a lot like the evolution of the Netbook–except it isn’t called a Netbook. But, as Maloney said, may the best product category win.

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IE6 forcing Bing as default search engine

Microsoft confirmed on Tuesday that it is looking into an issue in which users of Internet Explorer 6 are forced into having Bing as their default search engine.

“We are aware of the issue with Bing on machines running IE6 and are investigating a solution,” Microsoft said in a statement. “This issue is not impacting IE7 and IE8 users.”

Although it is only affecting its older browser, many people still use IE6 and Microsoft has faced a lot of regulatory scrutiny over how default search preferences are set and changed within Internet Explorer.

The issue crops up just as Microsoft plans to formally launch Bing. Among its planned promotions is a huge ad campaign as well as an event Tuesday night at Seattle’s Space Needle.

The IE6 issue was noted earlier on Tuesday by Search Engine Land.

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YouTube making jump to TV screens

A YouTube manager demonstrates the new YouTube XL viewing page.

(Credit: Greg Sandoval/CNET Networks)

Like everyone else, YouTube hopes to make its way from the PC to a more prime entertainment location–the TV set.

Google’s video service is rolling out a new browser feature, called YouTube XL, designed to present YouTube videos on big screens, company managers said Tuesday.

During a demonstration before a handful of media, YouTube showed how XL is designed for people who have hooked up their TVs to their laptops or video game consoles, such as Xbox 360 or Sony PlayStation 3.

How does it differ from YouTube’s typical Web page?

It’s a much more stripped down player. There are no scroll bars or viewer comments. There’s little more than a search field and video thumbnails to help direct users. YouTube XL will work with any Web-connected device and on any browser.

The new feature is another sign that the battle in online video now is being waged in the living room.

One of the drawbacks is that you can’t yet watch YouTube’s modest library of movies or premium TV shows, as the company is working through licensing issues, managers said. I can see this being used by people who might want to throw in some user-generated fare into their TV-viewing mix.

YouTube XL brings along the same basic UI that came to game consoles, but it can be accessed on normal PCs.

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Put down that phone, cries elbow

While the link between cell phone use and brain damage is still debatable (personally, I don’t want to believe it), another body part may be paying the price for constant connectedness: the elbow.

According to health reports, doctors have identified a condition called “cell phone elbow,” also known as cubital tunnel syndrome.

Oh no! Is she on her way to “cell phone elbow?”

(Credit: Dong Ngo/CNET)

It’s basically pain in your elbow that results from compression of the ulnar nerve. This nerve problem can come from spending too much time folding the elbow in an unnatural stance, such as when you use the computer in a nonergonomic position or, most commonly, when you hold the phone to your ear. I often do both at the same time.

Doctors say this is an increasingly common issue among those who are reliant on technology, especially cell phones. The syndrome leads to chronic or periodic pain in the elbow, tingling along the fingers, and even loss of strength and control in your hands.

When talking on a cell phone without a hands-free device, the elbow is usually held in an unnatural, flexed position, at an angle greater than 90 degrees. Generally, doctors caution that the elbow is not naturally designed to be hyperflexed for longer than 10 minutes at a time, but many of us regularly talk for hours on end.

Other, similar alarms have been sounded about gadget-related ailments, of course. Another, though supposedly less common, syndrome is the so-called “BlackBerry Thumb,” which refers to a repetitive stress injury from typing on those smartphones’ tiny keyboards.

Personally, I found the “cellbow” reports a wake-up call, as more than once I have found my elbow extremely strained, as though it were strangely disconnected from me once I hung up the phone. Sometimes I’ve even had problems trying to operate a screwdriver after that.

Severe cases of cubital tunnel syndrome may require surgery, doctors say. Fortunately, most of the time, it can be cured through behavioral changes.

The easiest solution is using a hands-free device for prolonged calls. Most cell phones come with a headset, so use it. When a headset is not available, I suggest switching hands every few minutes.

Most of all, try to refrain from having long-distance relationships. And next time your elbow or fingers feel strange, maybe it’s a better idea not to pick up the phone to call your doctor.

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