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GUARDIAN Wed, 10 Mar 2010 22:55:35 GMT
Suffering under an injunction against versions of Word that deal with particular forms of XML, Microsoft sallies forth once more against i4i Remember Microsoft, and the case taken out by i4i alleging that it held particular patents relating to XML, and that later versions of Word infringed it - and that Microsoft should therefore be injuncted against selling it? Yes, that case, which got its first result last August. (And you'll recall our interview with the chief executive of i4i.) At that time, both sides were waiting for the outcome of an appeal lodged by Microsoft - which, being big, would expect to prevail. And now, the result: "a panel for the United States Court of Appeals for the Federal Circuit issued a revised opinion in i4i v. Microsoft which affirms the August 11, 2009 Final Judgment by The Honorable Judge Leonard Davis that ruled in favor of i4i and found that Microsoft had wilfully infringed i4i's U.S. Patent No. 5,787,449." Oh dear, Microsoft, that has to hurt. "Loudon Owen, Chairman of i4i, says, "The appeals court has again upheld the lower court's decision in its entirety. In addition, it issued a more detailed analysis in concerning the finding of willfulness in this case. The determination that Microsoft willfully infringed i4i's patent stands."" "Michel Vulpe, founder of i4i and co-inventor, says, "i4i is especially pleased with the court's continued decision to uphold the injunction, an important step in protecting the property rights of inventors. i4i continues to offer custom XML solutions."" The Court of Appeals is still considering a petition by Microsoft for en banc review (which, to save you the click, is granted pretty rarely - about 94 cases get it per year). Which may mean that that's that for the XML-infringing version of Word, which is the 2003 version - though of course Microsoft is perfectly able to sell other versions that don't. As Jack commented way back when the first case came up: "anyone who has read a chunk of i4i's US Patent No 5,787,449 might well have doubts about the competence of the US Patent Office in granting it, and it seems even more unlikely that the average judge or juror in East Texas is competent to adjudicate on it. Perhaps someone should tell POTUS that the US software patent system is broken. "Having said that, you have to wonder whether Microsoft has a rational legal strategy. Given its track record for losing lawsuits, and its presumed familiarity with the East Texas courts, you'd have thought it would either have found some way to move the case or change its Word code so that it couldn't be seen to infringe i4i's patent. If the latter is impossible, of course, then the XML open standard could be in trouble, too." i4i has subsequently indicated that it's not going after the XML open standard. Microsoft Intellectual property Software Charles Arthur guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
GUARDIAN Wed, 03 Mar 2010 13:46:24 GMT
Clive Hay-Smith will find out tomorrow if an eco-Waitrose teamed with his food academy in Sheringham will get the go-ahead instead of a Tesco superstore A former corporate executive will discover tomorrow whether his battle to halt Tesco's plans to build a supermarket in his town and provide what he claims is a greener alternative has been successful. Clive Hay-Smith's efforts to overturn Tesco's 14-year interest in Sheringham, Norfolk, and bring in a rival instead, will cost him at least £2m if his crusade ends in failure. If it is successful, it will cost him far more. While Waitrose will fund the development of what it promises will be its greenest store yet, Hay-Smith intends to bankroll the building of a food academy on the same site, offering training in nutrition and cooking skills, before the business is handed over to a charity. He has already moved community allotments, and increased their number, as part of his campaign. The rival ambitions of Tesco and Hay-Smith, 52, former president of Pearson Assessment and Testing, part of the giant Pearson media empire, and now a local farmer, will be tested tomorrow before the planning committee of north Norfolk district council. "I am not an eco-warrior," said Hay-Smith, who has had links to the town since the 1960s, but whose direct interest in Tesco's efforts to build a store in the town started four years ago. "I find it odd they should be regarded as a panacea to Sheringham … I am not interested in commercial gain. It is about how can we be creative and not just build a box selling cheap cannelloni." Hay-Smith, who founded the Greenhouse Community Project to promote his alternative to "just another of thousands of 'Tesco towns'", said: "I don't have an exotic lifestyle. I have made my money and rather than spend it on fast cars, I will pootle about." His initial approaches to Waitrose to become involved in Sheringham had foundered, he said, because then the company had thought a Tesco store was eventually "a done deal", he said. But in December 2009, the company had come aboard, a relief for Hay-Smith, who has conceded his lack of retail experience. Waitrose said it was planning its greenest ever store, bringing together elements from existing stores, such as rainwater harvesting and new refrigeration methods, and will install its first ever sedum plant roof – to improve insulation and reduce water run off – and an electric bus service. It was also investigating the provision of an electric vehicle for home deliveries. Supporters of the plans include the Sheringham and District Preservation Society. Tesco's plans for the town have for years aroused both vigorous support and opposition through websites, petitions and letter-writing. The company, which already has 2,362 stores in the UK, said: "There are a large number of local residents who wish to see a Tesco store in Sheringham." The latest plans are for a smaller store than those for a previous unsuccessful attempt, although Tesco may yet revive legal action to overturn its dismissal by a planning inspector. Council officers prefer Tesco's plans because they say they are near the centre of town. Their report to councillors says the impact on the vitality and viability of other shops is considered "on balance" to be acceptable. Hay-Smith's proposed complex would be about a kilometre walk from the centre of Sheringham, and on an inferior site, according to the report. Despite some "laudable" intentions, it would cause "material harm" to the town. The local branch of the Campaign to Protect Rural England said the planning decision will be a test case for new government planning guidance, alleging that planning officers have not yet taken sufficient account of the wider economic impact of either store plan, including jobs and skills that may be lost. It is opposing the Tesco plan and taking no position on the alternative. The council says its handling of the plans is not "materially altered" by the.......
GUARDIAN Wed, 24 Feb 2010 09:55:41 GMT
Three Google executives receive suspended sentences for privacy violations after failing to take down video quickly enough Three Google executives were convicted on privacy charges in Italy today for allowing a video of an autistic boy being abused to remain online. Vivi Down, an advocacy group for people with Down's syndrome, alerted prosecutors to the footage uploaded to Google Video in 2006, showing a student in Turin being beaten and insulted at school. Google Italy, which is based in Milan, eventually took down the video. None of the executives were involved in the production or uploading of the video, but prosecutors argued that as it had topped a most-viewed list it should have been noticed sooner. David Drummond, Google's senior vice-president and chief legal officer, George Reyes, the former chief financial officer, and Peter Fleischer, the US firm's global privacy counsel, each received a six-month suspended sentence. Arvind Desikan, a senior product marketing manager, was acquitted, and all four were absolved of defamation charges. Google had said it considered the trial a threat to internet freedom because it could set content platforms an impossible task: pre-screening the thousands of hours of footage uploaded every day to sites such as YouTube, which Google owns. Prosecutors insisted the case was not about censorship but about balancing freedom of expression with the rights of an individual. Using the footage and with the co-operation of Google, police were able to identify the four bullies in the video, who were sentenced to community service by a juvenile court. Google Privacy and the net Internet Italy guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
GUARDIAN Wed, 17 Feb 2010 00:46:12 GMT
Eric Schmidt has stressed that Google's involvement in mobile is designed to make the operators money, not leave them out of pocket Google chief executive Eric Schmidt has extended an olive branch to the mobile phone industry saying he is "not trying to run rough shod" over the operators or turn them into "dumb pipes" in the air. Speaking for the first time at Mobile World Congress, the industry's largest trade show, Schmidt faced angry questioning from some in the industry who fear that Google is piggybacking on their massive investment in infrastructure, through ventures such as its Android mobile phone platform, but giving them no return. "I feel very, very strongly that we depend on successful businesses for the operators globally and I disagree that we are trying to turn the operators into dumb pipes," he said. "We need advanced sophisticated networks, we are not going to be investing in broad scale infrastructure, we are going to have the operators do it." After the meeting he stressed that Google's involvement in mobile is designed to make the operators money, not leave them out of pocket. "Almost all of the interesting growth in operators now is coming from mobile data, so both Google and the operators are growing because of this explosion in usage," he said. "From our perspective we recognise that the operators have large fixed costs and they have also purchased bandwidth, which is limited in its nature, and so we are not trying to run roughshod over that principle. On the other hand, most of the operators are telling us that we, Google, should build applications that will help them sell their new higher speed services they are spending so much money on." Schmidt added that he does not care whether the network operators try to get back some of their investment by doing deals with content providers, taking a share of their revenues in return for proving a guaranteed connection for services such as HD video. But he invoked the concept of "net neutrality", which is currently being fiercely debated in the US – it calls for all web traffic to be treated equally. "Google defines net neutrality in the following way: if you have a content category like video we want to make sure that the operator does not favour one video [provider] over another because that would then allow the operator to pick winners in the category," he said. "Imagine a situation where the operator also owned a TV network and discriminated in favour of that TV programming against the other choices, that would not be seen as fair." Asked whether Google itself would pay, he replied "The answer is, we wouldn't". His comments followed a warning from Vodafone chief executive Vittorio Colao earlier in the day that the current debate about net neutrality in the US could hamper any potential attempt to raise cash from content providers. Network companies should be allowed to do deals with content companies who want to ensure a certain quality of service for users. "The solution is to be able to freely deal up and down the value chain," Colao said. "So network operators, content owners, application owners should be able to freely deal and we should try and have competition in all segments." In Europe, the topic is likely to feature highly as the new telecoms commissioner Neelie Kroes, former EU head of competition, takes over from Viviane Reding. The Vodafone boss said: "It is important that the new [European] Commission, and to some extent the Federal Communications Commission in the US, take a holistic view of the whole value chain and ensure that the rules they put in place are rules that really enable competition at all levels. Mobile World Congress Google Eric Schmidt Mobile phones Richard Wray guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
GUARDIAN Tue, 16 Feb 2010 14:01:09 GMT
• HTC's Legend smartphone will come to UK in April • Analysts hail design classic in same league as Apple • Vodafone snaps ups handset for Europe HTC has come of age. The Taiwanese mobile phone manufacturer, once known only as the maker of Windows phones under the SPV brand, today unveiled a new phone sporting Google's Android software which analysts are predicting could steal a march on Apple in the smartphone design wars. The HTC Legend, which runs the latest Android software called Eclair, is made from a single block of aluminium and has a very bright and clear 3.2 inch AMOLED (ultra-bright LED) display. Vodafone has grabbed the handset in Europe, wary of losing out having missed the iPhone in some of the company's key European markets. The Legend will come to the UK in April and already analysts are predicting it will be a design classic following its launch at Mobile World Congress in Barcelona. "Legend's clever use of milled aluminium casing could scoop Apple's direction for next iPhone design," said CCS Insight. Despite its body being engineered from a single piece of aluminium, the HTC Legend has a removable battery – something which the iPhone conspicuously lacks – which slides out from a compartment at the bottom of the phone. The back of the battery casing also contains the phone's antennae so that its metal body does not hinder signal strength. HTC has updated the user face – called HTC Sense – that sits atop Android on the device. Alongside refinements to the phone's address book, so that contacts can be organised into groups such as business contacts and friends, it pulls information from social networking sites such as Facebook and Twitter into a single Friend Stream of updates. The Android platform has been the making of HTC. It created the first phone, the G1, using the software, while the Legend is the new version of another successful Android phone, the Hero. The Legend, however, has a rather less intrusive "chin" at the bottom of the device than the Hero. Alongside it, HTC also unveiled the HTC Desire, which also uses HTC Sense. It had previously been codenamed the HTC Bravo and several UK operators have been vying to get hold of it as it is essentially the same as Google's own Nexus One device, which HTC also produced. However, it has an optical trackpad rather than a roller ball, and is understood to be cheaper than the Google device. Orange said it will be stocking the HTC Desire from April and it will be free on selected monthly tariffs. It is likely to be priced the same as the iPhone, a policy Vodafone is expected to follow with the Nexus One in the UK when it launches next month. The HTC Desire will also be available in the UK on T-Mobile from 26 March. The Desire has a large 3.7 inch AMOLED screen, like the Nexus One, and contains the 1GHz Snapdragon processor which is also found on the Nexus One. It includes such iPhone staples as pinching to zoom on web pages while it also automatically recalibrates text so when you zoom into a page, you do not have to scroll left and right to get to the end of a line. Crucially, it also supports Flash, which Apple still resolutely refuses to back. HTC also announced the HTC HD mini, which uses the 6.5 version of Windows Phone rather than the series 7 platform launched by Steve Ballmer yesterday. Mobile World Congress Mobile phones Google Vodafone T-Mobile Apple Richard Wray guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
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