Author Archive | Ed Oswald

Denial of Class Action for “Vista Capable” Suit Could Be a Bad Thing–For Microsoft

lawsuit-microsoft-vista-capable-stickersI’ll preface this with the fact that I am not a legal expert by any means, however at face value the denial of class action status in the ongoing lawsuit over Microsoft’s “Vista Capable” program may actually prove to be more problematic for Redmond in the long run.

The gist of the suit, led by consumer Dianne Kelley, accused Microsoft of labeling computers that could only run the most basic version of Vista — which does not include any of the user interface enhancements — as capable of running the OS fully, thus defrauding consumers.

Seattle US District Court Judge Marsha Pechman has ruled that the individual cases could proceed, however she would not grant class action status because universal harm to all consumers who bought “Vista Capable”-marked PCs could not be proven.

Microsoft had attempted to have the case dismissed, however Pechman denied that motion.

So, how is this problematic to Microsoft? If Kelley and company end up prevailing, it could set a precedent for other jilted consumers to sue, entangling Redmond further in the legal morass.

In class action suits, typically the only beneficiaries of significant settlements are the chief plaintiffs. The members of the class-action, who technically could be considered plaintiffs in their own right, usually get a significantly smaller settlement in exchange for the stripping of their rights to sue.

Here, Microsoft is getting no protection at all. Thus, it keeps the door open for additional folks to press their luck in the courts: here’s where a negative judgment may have been the best solution.

So while some may be saying the thunder may have been taken out of this case, I think it may have made Microsoft’s problems regarding this not-too-well-thought-out program potentially worse.

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What Just Happened With Hulu and TV.com?

Users of TV.com that may have been using the site to watch programming offered through its joint venture with Hulu — programming from sources such as NBC and News Corp. — got a rude awakening this week.

Attempts at accessing that programming failed with a “Video Unavailable” message. Neither Hulu nor TV.com were responding to requests from the media to comment on the situation, although Paidcontent.org did say TV.com did confirm the end of the partnership.

TV.com is owned by CBS, one of the media providers who declined to become part of the Hulu service. However, in an effort to broaden the content available through the service, TV.com partnered with Hulu to offer that sites content.

Well, that deal lasted two months. For whatever reason, Hulu pulled the plug on TV.com, and rather abruptly too. In any case, it now looks like we’ll see a full-court press by both services in a race for supremacy in the licensed video content space, no?

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Verizon Wireless Looks to Launch LTE This Year

verizonmainlogoVerizon Wireless will likely lead the charge towards LTE, with the company already testing the technology in the Minneapolis, Columbus, Ohio and Northern New Jersey. This would put it roughly a year ahead of its closest competitor — AT&T — which anticipates launching LTE service in 2011.

Trials will expand throughout the country later this year, and if all goes well, nationwide rollout would begin in 2010 in about 25 to 30 markets. The completion of the rollout is expected in 2015, according to chief technology officer Dick Lynch.

LTE promises super-fast speeds of up to 60MBps, although Verizon cautions that was in field trials and not in real life situations. The technology uses the 700MHz spectrum acquired in an FCC auction last year.

This is the same spectrum being used by analog television signals, so obviously a pushback in the transition to digital is obviously affecting Verizon’s plans (now you see why they were against it!).

If you want to take a look at Lynch’s PowerPoint presentation at 3GSM, Verizon has posted it online.

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Google Search for Barack Obama Reveals Racial Epithets

A reader tipped us off to the appearance of racial epithets in searches for Barack Obama on Google. When performing a search for our current president, on the first screenful you’ll be greeted with the N-word. Yep, that one.

Apparently someone went into the Wikipedia entry for President Obama at about 11:44pm ET last night, deleting the entire entry to read the epithet three times over. The wording was in such a position that Google’s crawlers picked it up.

The edit was quickly reversed in two minutes. However it apparently was not fast enough for it not to be crawled by Google’s servers. Below is the screenshot. As this is a family site, the front page version has been edited. A uncensored version is posted after the fold.

wikipediacensored

If anything, this goes to strengthen the argument which seems to be brewing lately over whether Wikipedia should become more stringent over who it lets edit its postings.

Incidents like this are a perfect example of why it should happen. If Wikipedia wants to be a reliable resource, it may be time for the site to start vetting its writers. It’s good that people want to help, but there’s people out there who have nothing better to commit than stupid antics like this.

I have a request for comment out to Google and Wikipedia on the situation, but I’m not expecting much other than a canned response.

Continue Reading →

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D’oh! Prosecution Stumbles Badly in Pirate Bay Trial

I think we all can agree that The Pirate Bay makes much of its living off of piracy. Well, if it wasn’t for the apparent ineptitude of Swedish prosecutors in the trial against the site, we might have that set in stone legally. Not so fast.

tpbAccording to TorrentFreak, the prosecution’s weak evidence will lead to at least half of the charges against Pirate Bay being dropped. It has been ruled that the prosecution cannot use .torrent files as evidence of TPB’s wrongdoing, as there is no clear correlation between the site and the illicit files.

There is still charges of “assisting and making available” infringing files hanging over the site’s head, but any allegations of actually participating in the act will now need to be withdrawn.

Why is The Pirate Bay getting away with it? It seems that the prosecution built its case around the fact that BitTorrent’s “trackers” (a server that assists in connecting two peers to initiate and continue downloads) were reproducing the files, thus making them liable.

However, in building this evidence, they were not able to show that TPB’s trackers were actually being used. OOPS.

Wounded but still fighting, the record industry insisted the case was still not over, calling the dismissal of those charges a “technicality” and that prosecutors could now focus on the crux of the case, the fact that the site makes available illicitly copied files.

As for The Pirate Bay? Defiant as ever. “EPIC WINNING LOL” commented TPB admin brokep on Twitter this morning.

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Sirius XM Avoids Bankruptcy – Barely.

xmsiriusMel got his way, and kept EchoStar at bay (that unintentionally rhymed). Liberty Media, which owns and operates DirecTV, will invest $530 million in the troubled company in the form of several loans, including $250 million right away. That up front payment will help Sirius XM to pay off the $171.6 million of debt due today.

The rest of the funds would go towards funding the day to day operations of the company. The second phase of the loan would go to pay off debts owed by XM Radio, which has its own set of financial problems.

In return for the much needed infusion of cash, Libery Media would get seats on the board and enough stock to represent a 40% stake in the company. It also means that Karmazin has a much better chance of keeping his job.

“We are pleased to have come to this agreement with Liberty Media, particularly in light of today’s challenging credit markets. Liberty’s investment is an important validation of what SIRIUS XM has already achieved and a vote of confidence in what we will achieve,” he said in a statement announcing the deal.

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Zune Team Re-org Indicates Refocus

Zune LogoIna Fried over at CNet has the scoop on the reorganization of the Zune team, which would now be split into two groups. From her post, this is how it will go down:

The software and services portion of the Zune team–the bulk of its staff–will be added to the portfolio of Enrique Rodriguez, the vice president who currently runs Microsoft’s Mediaroom and Media Center TV businesses. The hardware team, meanwhile, will now report to Tom Gibbons, who also leads the hardware design efforts within Microsoft’s Windows Mobile unit.

Clearly, the positioning of the team provides a lot of clues as to the future of Zune. It’s not going to be in the player itself, and this is probably a smart move. Zune has not taken off, and is well behind even other Apple competitors in the space.

Microsoft is wise to leverage its strengths elsewhere — in this case the mobile and multimedia segments of the electronics industry — to generate some interest in Zune. Of course Rodriguez is not saying that the Zune player itself is no longer its focus, but lets not beat around the bush, the writing has been on the wall for some time.

Redmond needs Zune to be profitable, especially in economic conditions such as what we’re seeing these days. Investors have little tolerance for companies that aren’t making money, or wasting it on wild goose chases.

Whether the Microsofties like it or not, thats pretty much what the Zune effort has been up until now.

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New Post-Beta Windows 7 Build Leaks

A new working build of Windows 7 has been spotted on BitTorrent. It is build 7022, with the ISO date-stamped for January 15. Adrian Kinglsey-Hughes over at ZDNet has had some hands-on experience with the build and reports that overall, the changes appear to be minor. A few user interface tweaks are present, and overall performance is comparable to the official Beta release. Internet Explorer 8 RC1 is included with the release, according to sources.

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Free POP3 Hotmail Access Returns in US

windowsliveSeveral years back, you could access your Hotmail accounts via POP3 access. Then spam became a big problem, and Microsoft pulled the functionality. It would return, although as part of the $19.95/yr Hotmail Plus package introduced two years ago.

The company has already rolled out POP3 functionality to users in the United Kingdom, Canada, Australia, France, Japan, Spain, Germany, Italy, and the Netherlands late last month.

Users in US and Brazil have been added to that list as of this week, with still more markets to come throughout the year.

Here’s the settings you need:

POP server: pop3.live.com (Port 995)
POP SSL required? Yes
User name: Your Windows Live ID, for example yourname@hotmail.com
Password: The password you usually use to sign in to Hotmail or Windows Live
SMTP server: smtp.live.com (Port 25)
Authentication required? Yes (this matches your POP username and password)
TLS/SSL required? Yes

My MS friend who sends me this stuff tells me if you have the redesigned “Wave 3” user interface, POP3 should work.

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Microsoft Shoots Back at Adobe Over Silverlight

Adobe CFO Mark Garrett seems to think that Silverlight is “fizzling,” but Microsoft begs to differ. The exec’s comments came as part of a broader talk on Adobe’s business at the homas Weisel Partners Technology & Telecom Conference being held this week in San Francisco.

Garrett’s contention is that while Silverlight may have launched strong, demand has fizzled out and Adobe has moved ahead in terms of innovation, with Microsoft struggling to catch up. He also suggested that the company may not have the “mindset” to be aggressive with pushing the technology forward, BetaNews reports.

Microsoft seems to beg to differer however. In a response to Garrett’s comments, the company told us that one in four computer users have access to Silverlight, with 100 million downloads of the newest version of the platform since October of last year.

There have also been some important wins for Microsoft as of late:

  • CBS extensively uses the platform to serve its content across its network of sites;
  • The Presidential Inauguration Committee chose Silverlight to webcast the swearing in of President Obama in January;
  • Netflix’s online streaming service is powered by Silverlight, allowing it to stream to both PC and Mac platforms.

Not too shabby for a platform that is apparently fizzling if Adobe is to be believed. Of course, Flash adoption is by far much more widespread, but let’s take into account the fact that the technology has been available for many more years than Silverlight has.

On a related side note, Moonlight 1.0 was officially released today, which is a open-source project to bring Silverlight to the Linux platform. The platform got its first big test during the inauguaration, when a preview version was released to allow Linux users to view the webcast.

According to Microsoft, the applicaition was downloaded some 20,000 times.

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