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

Judge rejects part of Apple App Store suit vs Amazon

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SAN FRANCISCO (Reuters) – A U.S. judge on Wednesday rejected part of Apple Inc‘s lawsuit against Amazon.com Inc‘s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.


U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon‘s motion for partial summary judgment, which only challenged Apple’s false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.






An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.


Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.


One of the first public clashes in their tussle was Apple’s 2011 lawsuit.


Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.


In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on “the number of app stores out there” and Jobs referred to the “four app stores on Android.”


In her ruling on Wednesday, Hamilton wrote that the mere use of “Appstore” by Amazon cannot be taken as a representation that its service is the same as Apple’s.


“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.


A trial on Apple’s remaining claims is scheduled for August.


The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.


(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)


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Armed robbers hit Paris Apple store

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PARIS (Reuters) – Armed robbers targeted an Apple Inc store in central Paris on New Year’s Eve, taking thousands of euros (dollars) worth of goods, a police official said on Tuesday.


The robbery took place at about 9 p.m. (1900 GMT) on Monday, three hours after closing time at one of Apple‘s flagship stores behind the Paris Opera which sells products ranging from iPhones and iPads to Mac computers.






The police official declined to comment on reports the thieves walked away with about 1 million euros ($ 1.32 million) of loot, saying the company was still evaluating the loss.


Christophe Crepin from the police union UNSA told reporters four masked and armed individuals forced their way into the shop and afterwards escaped in a van.


“They were well prepared. As the majority of police were busy watching the Champs Elysees (for New Year’s Eve celebrations), the robbers took advantage of this opportunity,” he said.


($ 1 = 0.7585 euros)


(Reporting By Thierry Leveque and John Irish; Editing by Michael Roddy)


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Kobe Bryant Finally Joins Twitter — Kind Of

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Long among the sports world’s biggest Twitter holdouts, Kobe Bryant has finally joined the social network. But he hasn’t opened an account, and won’t be around for long.


Social savvy fans are being blessed with his presence thanks to Nike Basketball, which has turned over its account to Bryant since Tuesday.






[More from Mashable: Avery Johnson’s Teenage Son Unloads on Twitter After NBA Firing]


Nike Basketball, which sponsors Bryant and produces his official sneaker, announced the Kobe takeover in a Christmas Day tweet. The account’s name is now “Kobe Bryant” although its handle remains @nikebasketball. Kobe has spent the past few days tweeting about a variety of subjects using a series of hashtags that play off the theme #counton-fill-in-the-blank.


He’s tweeted about the Lakers progress as a team:


[More from Mashable: FanDuel Is Fantasy Sports With a Twist]


He’s tweeted behind-the-scenes snippets of training and treatment:


And he’s tweeted a totally normal, typical, everyday holiday family portrait:


Bryant actually joined Twitter for realsies back in 2011, but then deleted the account after racking up more than 35,000 followers in a just a few hours. He’s one of the NBA’s few stars without a Twitter presence. Nearly 90% of the league’s players are on the social network, according to Twitter.


But Bryant did become much more active on Facebook this summer, especially while traveling with the United States’ Olympic basketball team. He has nearly 15 million fans there, and reportedly writes his status updates and messages himself, with editing and actual posting done by support staff. In November he asked Facebook fans whether to join Instagram or Twitter next, and on Monday hinted in a status update that he may soon open an Instagram account.


What athletes would you most like to see get more active on social media? Let us know in the comments.


BONUS: 30 Must-Follow Twitter Accounts This NBA SEASON


1. @NBA


The NBA is arguably the world’s most engaging sports league on social media. Follow its official Twitter account for news, highlights and promotions.


Click here to view this gallery.


Thumbnail image courtesy Flickr, Keith Allison


This story originally published on Mashable here.


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The Boy Genius Report: The Wii U is Nintendo’s last console

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I remember it still — people flipped out about the Nintendo (NTDOY) Wii. Yes, its name was mocked for a while, but there was genuine excitement around what Nintendo was doing with motion and the entire gameplay experience. While the original Nintendo Wii was almost an Apple (AAPL)-like product — Nintendo focused on the gameplay and not on specs; the company didn’t even have HD graphics when every other console did — the Nintendo Wii U clearly demonstrates how far Nintendo has fallen and how out of touch the company is.


[More from BGR: Samsung could face $ 15 billion fine for trying to ban iPhone, other Apple devices]






I bought a Nintendo Wii U for one reason and one reason only, and that’s to play and beat “Super Mario Bros. U.” I’ll probably end up returning the console after I’m done, because that’s how horrible the Wii U actually is.


[More from BGR: Five-year-old finds porn on refurbished Nintendo 3DS from GameStop]


First of all, the fact that Nintendo actually decided to ship this joke of a controller called the GamePad with a 6.2-inch touchscreen in the middle says it all. It only lasted for around two hours per charge over the week I’ve used it, and it’s big, clunky and made of glossy Nintendo plastic. The problem it, it has no charm. It feels thrown together to try to make a statement, one that says that Nintendo isn’t afraid of the iPads or Android tablets or iPhones or iPod touches, and that it too can take on touch just as it took on motion.


It fails miserably. And that’s just the controller.


The actual console is one that finally for the first time ever supports HDMI and HD graphics, yet Nintendo’s flagship game doesn’t look good in high-definition. The console’s UI is a mess, and let’s be honest, we are living in a time where we are so connected, where so much is shared across continents instantly, that real design transcends what country it was designed in.


When you see a beautiful iPhone app’s interface, there’s a good chance you couldn’t tell if it was designed by a company in San Francisco or Paris or Hong Kong. But Nintendo’s interface is blatantly Japanese, and it lacks any and all sophistication. It’s like all of Nintendo’s designers just gave up and are living in a time when Apple’s iOS devices and Google’s (GOOG) Android devices don’t exist, blissfully ignoring the threat that their company is facing from all angles.


The Wii U experience is so terrible that it took over an hour to update the software on the console recently, and apparently that wasn’t that bad. People have told me their updates took over 4 hours when performed closer to Christmas. Do you know what that 7-year-old is doing during those 4 hours you’re making him wait? Playing Temple Run or Angry Birds on his iPad mini. Way to go Nintendo.


I’ll go on record and say that I think this is the last video game console Nintendo will make for the home. I just don’t see the future here with hardware. Not by a mile.


Nintendo needs to realize that hardware is hardware and that Nintendo’s hardware isn’t special, it isn’t elegant and it isn’t thoughtful. It’s merely a delivery mechanism in a time where design has never been more important.


Nintendo is a great company, one that has invented so many great products, but sooner or later it will be forced to offer its titles on iOS devices and Android devices. It’s going to get to that point. There’s way too much revenue to be made — Nintendo isn’t Sega, and Sega is crushing it as a software-only company.


I just hope Nintendo follows suit sooner or later, because I have $ 9.99 ready to go for the Super Mario app on iOS.


This article was originally published by BGR


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Police offer ‘virtual ridealongs’ via Twitter

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SIOUX FALLS, S.D. (AP) — Riding side by side as a police officer answers a call for help or investigates a brutal crime during a ridealong gives citizens an up close look at the gritty and sometimes dangerous situations officers can experience on the job.


But a new social media approach to informing the public about what officers do is taking hold at police departments across the United States and Canada — one that is far less dangerous for citizens but, police say, just as informative.






With virtual ridealongs on Twitter, or tweetalongs, curious citizens just need a computer or smartphone for a glimpse into law enforcement officers‘ daily routines.


Tweetalongs typically are scheduled for a set number of hours, with an officer — or a designated tweeter like the department’s public information officer — posting regular updates to Twitter about what they see and do while on duty. The tweets, which also include photos and links to videos of the officers, can encompass an array of activities — everything from an officer responding to a homicide to a noise complaint.


Police departments say virtual ridealongs reach more people at once and add transparency to the job.


“People spend hard-earned money on taxes to allow the government to provide services. That’s police, fire, water, streets, the whole works, and there should be a way for those government agencies to let the public know what they’re getting for their money,” said Chief Steve Allender of the Rapid City Police Department in South Dakota, which started offering tweetalongs several months ago — https://twitter.com/rcpdtweetalong — after watching departments in Seattle, Kansas City, Mo., and Las Vegas do so.


On the day before Thanksgiving, Tarah Heupel, the Rapid City Police Department’s public information officer, rode alongside Street Crimes Officer Ron Terviel. Heupel posted regular updates every few minutes about what Terviel was doing, including the officer citing a woman for public intoxication, responding to a call of three teenagers attempting to steal cough syrup and body spray from a store and locating a man who ran from the scene of an accident. Photos were included in some of the tweets.


Michael Taddesse, a 34-year-old university career specialist in Arlington, Texas, has done several ridealongs with police and regularly follows multiple departments that conduct tweetalongs.


“I think the only way to effectively combat crime is to have a community that is engaged and understands what’s going on,” he said.


Ridealongs where “you’re out in the elements” are very different than sitting behind a computer during a tweetalong and the level of danger is “dramatically decreased,” he said. But in both instances, the passenger gains new information about the call, what laws may or may not have been broken and what transpires, he added.


For police departments, tweetalongs are just one more way to connect directly with a community through social media.


More than 92 percent of police departments use social media, according to a survey of 600 agencies in 48 states conducted by the International Association of Chiefs of Police’s Center for Social Media. And Nancy Kolb, senior program manager for IACP, called tweetalongs a “growing trend” among departments of all sizes.


There is no set protocol and departments are free to conduct the tweetalong how they see fit, she said.


In Ontario, Canada, the Niagara Regional Police Service conducted their first virtual ridealong in August over a busy eight-hour Friday night shift. The police department’s followers were able to see a tweet whenever the police unit was dispatched to one of the more than 140,000 calls received that night.


Richard Gadreau, the social media officer for the police department, said officers routinely take people out on real ridealongs, but there is a waiting list and preference is given to people interested in becoming an officer.


With tweetalongs, many calls also mean many tweets. Kolb said departments are cognizant of cluttering peoples’ Twitter feeds.


That’s why the Rapid City Police Department decided to create a separate account for the tweetalong, Allender said.


Kolb also said officers are careful not to tweet personal or sensitive information. Officers typically do not tweet child abuse or domestic abuse cases, and they usually only tweet about a call after they leave the scene to protect officers and callers.


But Allender, the chief of police in Rapid City, said tweetalongs also show some of the more outrageous calls police deal with on a regular basis — like the kid who breaks out the window of a police car while the officer is standing on the sidewalk.


“Real life is funnier than any comedy show out there and not to make fun of people, embarrass them or humiliate them, but people do funny things,” Allender said. “… I mean, that guy deserves a little bit of ridicule, and everyone who would be watching would agree. That’s just good clean fun to me.”


___


Rapid City Police Department’s “Tweetalong” account: https://twitter.com/rcpdtweetalong


___


Follow Kristi Eaton on Twitter at http://twitter.com/kristieaton


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Analysis: Amazon’s Christmas faux pas shows risks in the cloud

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(Reuters) – A Christmas Eve glitch traced to Amazon.com Inc that shuttered Netflix for users from Canada to South America highlights the risks that companies take when they move their datacenter operations to the cloud.


While the high-profile failure – at least the third this year – may cause some Amazon Web Services customers to consider alternatives, it is unlikely to severely hurt a fast-growing business for the cloud-computing pioneer that got into the sector in 2006 and has historically experienced few outages.






“The benefits still outweigh the risks,” said Global Equities Research analyst Trip Chowdhry.


“When it comes to the cloud, Amazon has got it right.”


The latest service failure comes at a critical time for Amazon, which is betting that AWS can become a significant profit generator even if the economy continues to stagnate. Moreover, it is increasingly targeting larger corporate clients that have traditionally shied away from moving critical applications onto AWS.


AWS, which Amazon started more than six years ago, provides data storage, computing power and other technology services from remote locations that group thousands of servers across areas than can span whole football fields. Their early investment made it a pioneer in what is now known as cloud computing.


Executives said last month at an Amazon conference in Las Vegas they could envision the division, which lists Pinterest, Shazam and Spotify among its fast-growing clients, becoming its biggest business, outpacing even its online retail juggernaut. Evercore analyst Ken Sena expects AWS revenue to jump 45 percent a year, from about $ 2 billion this year to $ 20 billion in 2018.


The service has boomed because it is cheap, relatively easy to use, and can be shut off, scaled back or ramped up quickly depending on companies’ needs. As the longest-running player in the game, Amazon now boasts the widest array of datacenter products and services, plus a broader stable of clients than rivals like Google Inc, Rackspace Inc and Salesforce.com Inc.


Outages such as the one that took down Netflix and other websites on the eve of one of the biggest U.S. holidays are part and parcel of the nascent business, analysts say. Moreover, outages have been a problem long before the age of cloud computing, with glitches within corporate datacenters and telecommunications hubs triggering myriad service disruptions.


COMING SOON: POST-MORTEM


Amazon’s latest service failure comes months after two high-profile outages that hit Netflix and other popular websites such as photo-sharing service Instagram and Pinterest. Industry executives, however, say its downtimes tend to attract more attention because of its outsized market footprint.


Netflix – which CEO Reed Hastings said relies on AWS for 95 percent of its datacenter needs – would not comment on whether they were pondering alternatives. Analysts say the video streaming giant is unlikely to try a large-scale switch, partly because all cloud providers experience outages.


“Despite a steady stream of these service outages, the demand for cloud services offered by AWS, Google, etc. continues to escalate because these services are still reliable enough to satisfy customer expectations,” said Jeff Kaplan, managing director of consultancy ThinkStrategies Inc.


“They offer cost-savings and elasticities that are too attractive for companies to ignore.”


But “Netflix and other organizations which rely on AWS will have to reexamine how they configure their services and allocate their service requirements across multiple providers to mitigate over-dependency and risks.”


AWS spokeswoman Rena Lunak said the outage was traced to a problem affecting customers at its oldest data center, run out of northern Virginia, which was linked also to the June failure.


The latest glitch involved a service known as Elastic Load Balancing, which automatically allocates incoming Web traffic across multiple servers in order to boost the performance of a website. She declined to provide further details about the outage, saying the company would be publishing a full post-mortem within days.


AWS has traditionally been used by start-up tech companies and smaller businesses that anticipate rapid growth in online traffic but are unwilling or unable to shell out on IT equipment and management upfront.


The company has more recently started winning more and more business from larger corporations. It has also set up a unit that caters to government agencies.


Regardless, Amazon’s clientele would do well not to put all their eggs in one basket, analysts say.


Service outages do occur, but they are not common enough to cause users of these services to abandon today’s Cloud service providers at significant rates. In fact, every major Cloud service provider has experienced outages,” Kaplan said.


“Therefore, organizations that rely on these services are putting backup and recovery systems and protocols in place to mitigate the risks of future outages.”


(Additional reporting; editing by Edwin Chan and Richard Chang)


Tech News Headlines – Yahoo! News





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Jessica Simpson’s Christmas tweet seems to confirm pregnancy rumor

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(Reuters) – U.S. actress, singer and fashion designer Jessica Simpson sent a Christmas Twitter message that apparently confirms media rumors that she is pregnant – showing a photo of her daughter Maxwell with the words “Big Sis” spelled out in sand.


The picture’s caption reads “Merry Christmas from my family to yours.”






Simpson had her first child, Maxwell Drew Johnson, in May. She has since become a spokeswoman for Weight Watchers.


A representative for Simpson was not immediately available for comment.


Simpson rose to fame as a teen pop star and became a household name after starring in a TV reality show with her then-husband Nick Lachey, a member of the boy band 98 Degrees. The pair divorced after three years of marriage.


She went on to star in the 2005 film version of “The Dukes of Hazzard” and re-invented herself as a country singer in 2008. She currently designs apparel, accessories and other fashion products and is a mentor on the TV contest “Fashion Star.”


Simpson’s fiancé, Eric Johnson, is a former U.S. professional football player whose career spanned seven seasons for both the San Francisco 49ers and New Orleans Saints. (Reporting By Mary Wisniewski and Paul Simao)


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Instagram furor triggers first class action lawsuit

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SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


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2 bombers target mobile phone firms in Nigeria

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KANO, Nigeria (AP) — Authorities blame a radical Islamist sect for twin suicide car bombings targeting two major mobile phone companies, an official said Saturday, blacking out a top operator’s network in most of Nigeria‘s northern commercial hub.


A suicide bomber drove an explosive-laden car into the facilities of the Nigerian subsidiary of Bharti Airtel Ltd. of India at about 8 a.m. in the city of Kano, said Capt. Iweha Ikedichi, who speaks for a special taskforce deployed in Kano to reduce the threat of the Islamic rebels known as Boko Haram. The attack left an Airtel worker injured, authorities said. It also damaged a switch station, said James Eze, an Airtel spokesman. He said the company was still assessing how bad the damage was, but declined to comment further.






Switch stations control the regional mobile phone network and if they are seriously damaged, the entire network could go down. An Airtel staff who spoke on condition of anonymity because he is not authorized to speak to the press said the targeted switch station covered six northern states, including Kano. But while Airtel’s network appeared to be down across Kano Sunday, calls to lines in some of the other states went through.


At about the same time as the Airtel attack, another bomber targeted the facilities of the Nigerian subsidiary of South Africa-based MTN Group Ltd., about two miles (three kilometers) away. That attack was botched by security officers who shot the bomber, causing an explosion at the company’s gate, Ikedichi said.


The target of the foiled attack was MTN’s switch station, said Funmilayo Omogbenigun, spokeswoman for Nigeria’s largest cell phone network provider.


Authorities suspect the Boko Haram sect is behind the attacks. The group is held responsible for more than 770 deaths this year alone, according to figures compiled by The Associated Press. Boko Haram’s campaign of bombings and shootings has targeted mosques, churches, schools, universities and government buildings. But, four months ago, the group broadened its scope by attacking mobile phone towers for the first time.


In September, a series of attacks damaged more than 31 towers operated by all the major mobile phone providers in the country. Other attacks have occurred since then, further straining the one link Nigeria relies on for communication in a country with very few landlines. While no one claimed responsibility for the attacks, the Islamist sect had threatened mobile phone companies earlier in the year, warning that they would be targeted for cooperating with the government to flush out its members.


In Nigeria, Africa’s most populous country with more than 160 million people, mobile phones serve as a valuable lifeline in both cities and rural communities. Landlines remain almost nonexistent, as the state-run telephone company has collapsed and repeated efforts to privatize it have failed. More 87 million mobile phone lines were in use in 2009, according to estimates.


“Never would we have expected that telecommunications could be targeted,” said Damien Udeh, a spokesman for the Association of Licensed Telecommunications Operators of Nigeria. “It portends a dangerous situation for everybody, especially government.”


___


Associated Press writer Yinka Ibukun contributed to this report from Lagos, Nigeria


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Nielsen to buy Arbitron for about $1.26B

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NEW YORK (AP) — Nielsen, the dominant source of TV ratings, on Tuesday said it had agreed to buy Arbitron for about $ 1.26 billion to expand into radio measurement.


Arbitron pays 70,000 people to carry around gadgets that register what stations they’re listening to. Since Nielsen also collects cash register data, CEO David Calhoun said buying Arbitron will let Nielsen be a one-stop shop for advertisers who want to know how the radio advertising they buy affects product sales.






The acquisition will let Nielsen expand the amount of media consumption it tracks by about 2 hours per person per day to 7 hours, Calhoun said in an interview.


“You don’t find many mediums that allow for that kind of increase,” Calhoun said.


Arbitron’s operations are mainly in the U.S., while Nielsen operates globally. Calhoun said another major driver for the deal is that Nielsen wants to spread Arbitron’s tracking technology to other countries.


Evercore Partners analyst Douglas Arthur said Nielsen doesn’t need traditional radio measurement to grow, but Arbitron seemed like a willing seller, and it will be a “nice complementary but not ‘must have’ platform.”


Nielsen Holdings N.V. said it will pay $ 48 per share, which is a 26 percent premium to Arbitron’s Monday closing price of $ 38.04. Shares of Arbitron, which is based in Columbia, Md., jumped $ 8.99, or 23.6 percent, to close at $ 47.03.


Nielsen, which went public in January 2011, has headquarters in the Netherlands and New York. Its stock added $ 1.30, or 4.4 percent, to close at $ 30.92.


Nielsen said it expects the deal to add about 13 cents per share to its adjusted earnings a year after closing and about 19 cents per share to adjusted earnings two years after closing.


Abitron’s chief operating officer, Sean Creamer, is set to take over as CEO from William Kerr on Jan. 1. Calhoun said he hoped Creamer would remain with Nielsen after the deal closes.


Nielsen said it has a financing commitment for the transaction.


Nielsen was the prime source of audience ratings in the early days of radio, thanks to a device similar to Arbitron’s People Meter. The Audimeter was attached to the radio set. The company’s focus shifted to TV measurement in the 1950s.


On Monday, Nielsen announced a deal with Twitter to measure how much U.S. TV watchers tweet about the shows they’re watching. The “Nielsen Twitter TV Rating” will debut in the fall.


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RIM shows how BlackBerry 10 touch screen keys could rival even its traditional keyboards [video]

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Microsoft, Motorola file to keep patent case details private

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SEATTLE (Reuters) – Microsoft Corp and Google Inc‘s Motorola Mobility unit have requested a federal judge in Seattle to keep secret from the public various details from their recent trial concerning the value of technology patents and the two companies’ attempts at a settlement.


Microsoft and Motorola, acquired by Google earlier this year, are preparing post-trial briefs to present to a judge as he decides the outcome of a week-long trial last month to establish what rates Microsoft should pay Motorola for use of standard, essential wireless technology used in its Xbox game console and other products.






The case is just one strand of litigation in an industry-wide dispute over ownership of the underlying technology and the design of smartphones, which has drawn in Apple Inc, Samsung Electronics Co Ltd, Nokia and others.


In a filing with the Western District of Washington federal court in Seattle on Friday, Microsoft and Motorola asked the judge to allow them to file certain parts of their post-trial submissions under seal and redact those details in the public record.


The details concern terms of Motorola‘s licenses with third parties and Microsoft‘s business and marketing plans for future products. During the trial, which ran from November 13-20, U.S. District Judge James Robart cleared the court when such sensitive or trade secret details were discussed.


“For the same compelling reasons that the court sealed this evidence for purposes of trial, it would be consistent and appropriate to take the same approach in connection with the parties’ post-trial submissions,” the two companies argued in the court filing.


The judge has so far been understanding of the companies’ desire to keep private details of their patent royalties and future plans, although that has perplexed some spectators who believe trials in public courts should be fully open to the public.


In addition, Motorola asked the judge to seal some documents relating to settlement negotiations between the two companies, arguing that keeping those details secret would encourage openness in future talks and make a settlement more likely.


Judge Robart is not expected to rule on the case until the new year.


The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.


(Reporting by Bill Rigby; Editing by Richard Chang)


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Facebook, Google tell the government to stop granting patents for abstract ideas

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Facebook (FB), Google (GOOG) and six other tech companies have petitioned the courts to begin rejecting lawsuits that are based on patents for vague concepts rather than specific applications, TechCrunch reported. The agreement, which was cosigned by Zynga (ZNGA), Dell (DELL), Intuit (INTU), Homeaway (AWAY), Rackspace (RAX), and Red Hat (RHT), notes the only thing these abstract patents do is increase legal fees and slow innovation in the industry. The companies claim that “abstract patents are a plague in the high tech sector” and force innovators into litigation that results in huge settlements or steep licensing fees for technology they have already developed on their own, which then leads to higher prices for consumers.


“Many computer-related patent claims just describe an abstract idea at a high level of generality and say to perform it on a computer or over the Internet,” the briefing reads. “Such barebones claims grant exclusive rights over the abstract idea itself, with no limit on how the idea is implemented. Granting patent protection for such claims would impair, not promote, innovation by conferring exclusive rights on those who have not meaningfully innovated, and thereby penalizing those that do later innovate by blocking or taxing their applications of the abstract idea.”






The companies conclude, “It is easy to think of abstract ideas about what a computer or website should do, but the difficult, valuable, and often groundbreaking part of online innovation comes next: designing, analyzing, building, and deploying the interface, software, and hardware to implement that idea in a way that is useful in daily life. Simply put, ideas are much easier to come by than working implementations.”


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New Flickr iPhone app to compete with Instagram and Twitter with 16 filters

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Hot on the heels of its email redesign, Yahoo (YHOO) announced on Wednesday that it has completely redesigned the Flickr iPhone app. The new app borrows heavily from Instagram and focuses on what makes Flickr special: photos and communities. Yahoo’s new Flickr app also includes 16 filters with their own fancy names to go head-on with Instagram and Twitter’s recently updated app that added eight filters. Users can now access the Flickr app with numerous accounts including Facebook (FB) and Google (GOOG) and photos can be shared to Facebook, Twitter, Tumblr or via email. The new Flickr app is available for free on iPhone but to our disappointment, there isn’t an iPad-optimized version.


Ellis Hamburger from The Verge penned an interesting editorial on how Twitter misses the mark by simply adding filters to its app without having the close community that makes Instagram so addictive. Led by CEO Marissa Mayer, Yahoo seems aware that mobile apps thrive on the communities that sprout up. The new Flickr app’s emphasis on how the images are displayed and shared in visually appealing and digestible thumbnails suggests Yahoo finally understands mobile.






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Facebook helps FBI bust cybercriminals blamed for $850 million losses

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SAN FRANCISCO (Reuters) – Investigators led by the Federal Bureau of Investigation and aided by Facebook Inc, have busted an international criminal ring that infected 11 million computers around the world and caused more than $ 850 million in total losses in one of the largest cybercrime hauls in history.


The FBI, working in concert with the world’s largest social network and several international law enforcement agencies, arrested 10 people it says infected computers with “Yahos” malicious software, then stole credit card, bank and other personal information.






Facebook’s security team assisted the FBI after “Yahos” targeted its users from 2010 to October 2012, the U.S. federal agency said in a statement on its website. The social network helped identify the criminals and spot affected accounts, it said.


Its “security systems were able to detect affected accounts and provide tools to remove these threats,” the FBI said.


According to the agency, which worked also with the U.S. Department of Justice, the accused hackers employed the “Butterfly Botnet”. Botnets are networks of compromised computers that can be used in a variety of cyberattacks on personal computers.


The FBI said it nabbed 10 people from Bosnia and Herzegovina, Croatia, Macedonia, New Zealand, Peru, the United Kingdom, and the United States, executed numerous search warrants and conducted a raft of interviews.


It estimated the total losses from their activities at more than $ 850 million, without elaborating.


Hard data is tough to come by, but experts say cybercrime is on the rise around the world as PC and mobile computing become more prevalent and as more and more financial transactions shift online, leaving law enforcement, cybersecurity professionals and targeted corporations increasingly hard-pressed to spot and ward off attacks.


(Reporting By Edwin Chan; Editing by Matt Driskill)


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Massive HP conference draws 10,000 attendees to ogle products, speakers, presentations

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By Suzy Hansen


More than 10,000 customers, partners and attendees flocked to the Hewlett-Packard Discover conference in Frankfurt, Germany, this week to learn about HP’s latest products, exchange ideas, swap business cards and basically examine whether HP can improve the way their companies are run. The event was held at Messe Frankfurt, one of the world’s largest trade exhibition sites.






CEO Meg Whitman acknowledged in her speech on Tuesday that HP has gone through some rough times this past year. HP’s stock price has been nearly halved during her tenure. Whitman, however, pointed out that HP has $ 120 billion in revenue and is the 10th-largest company in the United States. In Q4, HP has generated $ 4.1 billion in cash flow.


“We are the No. 1 or No. 2 provider in almost every market,” Whitman told the crowd in Frankfurt.


Whitman emphasized  executives’ increasing concerns about security and said that it will be addressed by “a new approach”: HP’s security portfolio, with Autonomy and Vertica, which helps “analyze and understand the context of these events.” Executive Vice President of Enterprise Dave Donatelli spoke about converged infrastructure, or bringing together server, network and storage; their software-defined data centers; and their new servers, which “change the way servers have been defined.” George Kadifa, executive vice president of software, said 94 of the top 100 companies use HP software. HP is the sixth-largest software company in the world, with 16,000 employees in 70 countries, Kadifa added.


Also at the conference was Jeffrey Katzenberg, CEO of DreamWorks and an old friend of Whitman’s from their Disney days, who roused the crowd with a fun speech about his long relationship with HP. Katzenberg showed an old video of himself onstage with a lion, which nearly mauled him. This time, he appeared onstage with a guy in a lion suit. The lesson was to learn from past mistakes and move on.


“If I am smart enough to say ‘scalable multicorps processing,’ I am smart enough to not put myself onstage with a real lion again,” he joked.


The Discover conference is a key vehicle for HP to show off products it’s offering in the coming year. Among them were the latest ProLiant and Integrity servers, the 3PAR StoreServ 7000 and the StoreAll and StoreOnce storage systems. At the HP Labs section of the conference, attendees could learn about the cloud infrastructure or test HP’s new ElitePad 900.


Throughout the three-day event, which saw attendance grow by 30 percent this year, attendees wandered the enormous halls, milling around displays, watching videos, listening to speeches and participating in workshops. People gathered on clustered couches and chatted with new acquaintances, frequently stopping to plug in their various devices and recharge themselves with coffee. With people coming from all over the world, you could hear many languages spoken, from Arabic to French to the most bewildering of them all: the language of technology. Despite the large crowds, it was hard not to notice there were very few women among the thousands in attendance. In fact, when asked about this phenomenon, one female HP employee said, “Trust me, you aren’t the first person who has come up to me asking about this.”


Indeed, the Discover conference was like a forest of men in suits. The few women stood out like rays of sunlight. 


Regardless of their presence at this conference, women are making big strides in information technology. Among the leaders are HP CEO Whitman, who also led eBay; Carly Fiorina, who ran HP before Whitman; Yahoo! CEO Marissa Mayer; and Facebook COO Sheryl Sandberg. Were the women at the Discover conference surprised by the low female turnout?


“No, for IT this is standard,” said Stefanie, a 30-year-old product manager from Germany. “Many are afraid of all the technical stuff, and you have to prove that you are capable of it. You get more women in retail and distribution but not in high-tech areas, at least not in Europe. In America there are more women in management positions and in general.”


Americans might assume that Europe, with its generous social programs that include free daycare, enables more women to ascend the corporate ladder. But that still doesn’t mean that a woman trying to balance a high-tech career and a family is always accepted in European society.


“There is still a lot of emphasis on the family,” Stefanie said. “It’s easier to move up in the U.S., where there is a culture of ‘having it all.’ It’s quite a fight to get there here.”


Still, the IT industry might seem inhospitable to women. Could this male-dominated profession be male-dominant because women have a hard time breaking in?


Stefanie disagreed. “No, they actually like working with women,” she said. “They want to.”


One male conference attendee, who asked not to be named, was less certain.


“There’s a lot of ego and testosterone,” he said. “It can’t be easy” for women.


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Exclusive: Google to replace M&A chief

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SAN FRANCISCO (Reuters) – Google Inc is replacing the head of its in-house mergers and acquisitions group, David Lawee, with one of its top lawyers, according to a person familiar with the matter.


Don Harrison, a high-ranking lawyer at Google, will replace Lawee as head of the Internet search company‘s corporate development group, which oversees mergers and acquisitions, said the source, who spoke anonymously because he was not authorized to speak publicly.












Google is also planning to create a new late-stage investment group that Lawee will oversee, the source said.


Google declined to comment. Lawee and Harrison could not immediately be reached for comment.


One of the Internet industry’s most prolific acquirers, Google has struck more than 160 deals to acquire companies and assets since 2010, according to regulatory filings. Many of Google’s most popular products, including its online maps and Android mobile software, were created by companies or are based on technology that Google acquired.


Harrison, Google’s deputy general counsel, will head up the M&A group at a time when the company is still in the process of integrating its largest acquisition, the $ 12.5 billion purchase of smartphone maker Motorola Mobility, which closed in May.


And he takes over at a time when the Internet search giant faces heightened regulatory scrutiny, with the U.S. Federal Trade Commission and the European Commission conducting antitrust investigations into Google’s business practices. Several recent Google acquisitions have undergone months of regulatory review before receiving approval.


As deputy general counsel, Harrison has been deeply involved in the company’s regulatory issues and many of its acquisitions. He joined Google more than five years ago and has completed more than 70 deals at the company, according to biographical information on the Google Ventures website.


Harrison is an adviser to Google Ventures, the company’s nearly four-year old venture division which provides funding for start-up companies.


While most of Google’s acquisitions are small and mid-sized deals that do not meet the threshold for disclosure of financial terms, Google has a massive war chest of $ 45.7 billion in cash and marketable securities to fund acquisitions.


Lawee, who took over the M&A group in 2008, has had hits and misses during his tenure. Google shut down social media company Slide one year after acquiring it for $ 179 million, for example.


The planned late-stage investment group has not been finalized, the source said. The fund might operate separately from Google Ventures, according to the source.


“Think of it as a private equity fund inside of Google,” the source said.


The company recently said it would increase the cash it allocates to Google Ventures to $ 300 million a year, up from $ 200 million, potentially helping it invest in later-stage financing rounds.


Google finished Friday’s regular trading session down 1 percent, or $ 6.92, at $ 684.21.


(Reporting By Alexei Oreskovic; editing by Carol Bishopric and Jim Loney)


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Nintendo president apologizes for bulky day-one Wii U firmware update

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As we noted in our first impressions, Nintendo’s (NTDOY) Wii U is charting new ground with its wireless GamePad and touchscreen controls that engage gamers in the living room like never before. But before you can even set up the Wii U, a mandatory firmware update is required upon power up. Gamers everywhere were frustrated to learn that the firmware update, which is pegged anywhere between 1GB and 5GB, takes hours to download and could even ”brick” new consoles if the power was cut off. In an email conversation with IGN, Nintendo’s global president and CEO Satoru Iwata said was “very sorry” that Wii U owners were experiencing network issues and that other services such as Nintendo TVii weren’t available at launch. Iwata said he believes “users should be able to use all the functions of a console video game machine as soon as they open the box.” 


Gone are the days when electronics are sold as finished products with set features out of the box. It has become normal for today’s connected electronics to require frequent firmware updates and patches to fix compatibility with other gadgets and to add new features. At what point should consumers stop tolerating devices that don’t work immediately after unboxing? The way we see it, the answer might be “never,” as it’s hard to argue against the fact that new software updates breathe new life into aging consoles.












Iwata also explained that the Wii U’s “Miiverse” online service isn’t meant to replicate existing services such as Xbox LIVE.


“We have not thought that offering the same features that already exist within other online communities would be the best proposal for very experienced game players,” Iwata told IGN.


Nintendo fans can read more Nintendo nuggets over at IGN’s feature that includes mention of a new 3D Super Mario and Zelda game.


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The Boy Genius Report: Microsoft is blowing it and RIM could too

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Who would have thought a couple of years ago that Research In Motion (RIMM) would be on the ropes and Microsoft (MSFT) could be getting close? Well, me… but not many others. Microsoft’s latest strategy of trying to make a no compromise tablet has resulted in, you guessed it, compromise. It’s not as polished as an iPad, it’s more limited in almost every possible way, it’s slow, clunky, unresponsive at times, offers a worse display, weighs more, and is thicker. Plus it costs over $ 100 more when you factor in a Touch Cover or Type Cover keyboard. Plus, you can’t even run Windows applications even though you get the actual Windows desktop.


The best part is the Surface Pro. An even more expensive version of the Surface, an even thicker version of the Surface, and an even heavier version of the Surface, and you get a fan to cool your heating tablet when you’re doing your Excel speadsheets or when Outlook keeps freezing — oh my god why does it freeze so much when you’re typing — and you get half the battery life of the current Surface model.












There’s a very big issue with Microsoft’s strategy of no compromise, because time and time again this company fails to realize that the reason Apple (AAPL) is winning is because Apple choses to compromise.


Apple chooses to throw out the USB port, the DVD drive, the kickstand, the fan, the Intel processor. Apple understands that laptops are still useful but at this point in the game, the only use for a multitouch laptop should be in the trackpad. Microsoft is trying to introduce the Surface Pro as your new laptop, except it doesn’t work well is a variety of situations, especially on your lap. Plus, consumers don’t care, and with enterprises and large companies (and small companies) not rushing out to buy brand new computers or brand new software licenses for their employees and workstations due to cost, and the fact that more and more employees are bringing in their own laptops and also asking for Macs, Microsoft has a tremendous problem.


Compounding Windows 8′s failure is the fact that Microsoft is still not prepared for the consumerization of the enterprise world, Microsoft’s bread and butter, and the reason why Microsoft has $ 60 billion in cash. As Windows licenses erode and Office sales slow, Microsoft isn’t going to have another hugely profitable business to rely on — that’s why this is so scary.


Switching to RIM, the company is actually doing a lot of things right in my book. I respect that everyone there has been huddled up, focused on a single product and operating system and put all of their time into getting it as right as they can. Whether that means anything at all, we’ll soon see; RIM has probably been one of the worst players in the mobile space as far as execution is concerned but Thorsten Heins seems to have a better grasp on where the company can take advantage in different markets and at what price point, though RIM’s market share is declining so rapidly that not even BrickBreaker can save the company there.


I have two concerns from a very high level (in-depth thoughts at a later date) about BlackBerry 10 and the devices RIM is introducing on the hardware front. First off, going with a touch only phone first sends the wrong message to me. What is RIM’s biggest strength? Some would say email, some would say security, most would say the keyboard. Introducing a brand new operating system, with a brand new smartphone that doesn’t feature RIM’s fantastic keyboard feels like a marketing blunder. If there is one single reason BlackBerry owners (yes! they do still exist) still have a BlackBerry, it’s for the keyboard.


Yes, I know, there is a QWERTY BlackBerry 10 smartphone coming just a couple of weeks or months after the first touchscreen device, but these two should have been joined at the hip at the very minimum.


My other concern is RIM is already showing a break in the company’s focus by introducing two different screen sizes from the gate. The BlackBerry L-series will have a 1280 x 768 screen resolution and the BlackBerry N-series have a 720 x 720-pixel display. In my time playing with an N-series prototype, this square resolution felt incredibly awkward and it’s now two screen sizes that RIM’s developer community has to account for when making apps. Add this to the fact that RIM has enough trouble getting developers on board — of course Microsoft is having trouble there, too — and this feels like it’s not the most optimal scenario.  


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Zynga shares slide after privileged status with Facebook ends

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(Reuters) – Shares of gaming company Zynga Inc fell as much as 10 percent, a day after the “Farmville” creator reached an agreement with Facebook Inc that reduces its dependence on the social networking giant.


The companies reported in regulatory filings on Thursday that they have reached an agreement to amend a 2010 deal that was widely seen as giving Zynga privileged status on the world’s No.1 social network.












Zynga gets a freer hand to operate a standalone gaming website, but gives up its ability to promote its site on Facebook and to draw from the thriving social network of about 1 billion users.


“Although Zynga investors have reacted negatively to Thursday’s announcements so far, we view them as a long-term positive for both companies,” Wedbush Securities analyst Michael Pachter said in a note to clients.


“Zynga now has an advantage to offer more payment options which could result in additional subscribers who are not Facebook users,” he said, maintaining his “outperform” rating and price target of $ 4 on the stock.


Both internet companies have been trying to reduce their interdependence, with Zynga starting up its own Zynga.com platform, and Facebook wooing other games developers.


In recent quarters, fees from Zynga contributed 15 percent of Facebook’s revenue, while Zynga relies on Facebook for roughly 80 percent of its revenue.


Francisco-based Zynga’s shares were down 7 percent at $ 2.44 in morning trading on the New York Stock Exchange on Friday.


Facebook shares were down more than 1 percent at $ 26.98.


(Reporting By Aurindom Mukherjee in Bangalore; Editing by Don Sebastian)


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