Scott M. Fulton, III

Strongest condemnation yet of anti-counterfeiting, 'three strikes' from EU

The European Parliament today overwhelmingly voted in favor of a resolution compelling participants in multi-national negotiations over the proposed Anti-Counterfeiting Trade Agreement (ACTA) to report on the status and substance of those negotiations, first to Parliament and eventually to the general public. This after a groundswell of public concern arose in the wake of documents purporting to be official ACTA material, the latest leaked by Wired last November (PDF available here from Wired), spoke of US negotiators' requests to include terms in the final Agreement that would force Internet service providers to police the content trafficked over their pipelines, or else face penalties.

A statement issued from Parliament this afternoon records the final vote as 633-13-16 in favor of the resolution, the motion for which (DOC available here) was drafted just yesterday on behalf of six of the continent's political parties and alliances, including Greens/EFA. That motion referred to the leaked documents by name, effectively confirming their legitimacy.

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Google unveils its cloud-based Apps Marketplace, wants 20% revenue share

Tuesday evening, during an event televised over YouTube called Google Campfire One, Google executives lifted the curtain on its cloud-based Apps Marketplace for PC-based applications, with the promise of opening its online store with 50 charter vendors later in the evening. The Marketplace is designed to feature applications that integrate with the company's existing Google Apps, Gmail, and other cloud-based services.

Google Vice President of Engineering Vic Gondotra told attendees at the company's headquarters that the company plans to utilize very simple terms of service. Think of a garden, but more with clearly marked paths as opposed to walls. Extending the concept of the Android Marketplace from handsets to computing devices, the company is inviting developers to build applications using its Studio tool, then deploy those apps by way of the Marketplace. Each developer is asked to pay a $100 sign-up fee, and then give Google a 20% revenue share for sales, at whatever price the developer charges. (We have not seen yet whether there will be a price cap.)

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Almost #3 now: Dell's decline is Acer's gain

With the economic sinkhole of 2008-09 now a figment of many technology companies' past, most PC manufacturers are back on their regularly scheduled growth curve. Last month, Dell had indicated to investors that it was returning to that curve as well, reporting "product shipments...up at double-digit rates year-over-year" during its end-of-fiscal year 2010 earnings report.

According to iSuppli, which tracks worldwide PC unit shipments, that Dell claim -- which not a single analyst even questioned at the time, according to Seeking Alpha's transcript of Dell's February 18 earnings conference -- gives "plus or minus" a whole new meaning. The market analyst firm's statistics on full-year unit shipments, published today, show Dell's numbers declining by 9.946% during calendar year 2009. Dell's fiscal 2010 began in February 2009, so iSuppli's numbers cover most of that period plus January 2010 -- in a quarter where Dell actually recovered slightly.

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That wasn't supposed to happen: IE usage share steady since choice screen

The window of opportunity may be closing for the first test of government mandated fairness and equal choice among Web browsers, with neutral results.
There are a number of studies recently that say computer users in general have a tendency to automatically distrust notices that pop up on their screen. More attention was paid to those studies since last March, after Microsoft's deployment of Internet Explorer 8 over Windows Update was followed by a general downtrend in IE usage, interrupted by a brief respite in early October, according to global tracking data from analytics vendor StatCounter.

If what Microsoft's security representatives have said is true -- that the key window for adoption of an update or patch usually comes a few days after Patch Tuesday -- then StatCounter's tracking data for IE usage in Europe could count as sweet revenge. Since Microsoft deployed its browser choice screen for European users, in compliance with European Commission directives, on March 1, StatCounter reports European usage share for all versions of Internet Explorer has stayed steady at about 46.6%, with negligible gains since the beginning of the month.

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Welcome back to the big leagues: Opera denies severity of 10.5 exploit

12:02 pm EST March 9, 2010 · A spokesperson for Opera Software provided Betanews this morning with a summary of a complete blog post on the alleged exploit of Opera 10.5, published moments ago:

"The original report about the Windows-only malformed Content-length header problem is not a security issue, but a variant of the issue, brought to our attention by Secunia, has a theoretical possibility of allowing arbitrary code to run. We have developed a fix for the problem, which is being tested, and are planning to release an update of Opera soon. Until then, if Opera crashes on an untrusted site, you should avoid visiting that site again."

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Latest HTML5 working draft published despite claims of 'sabotage'

Should the next version of HTML, the Web standard that embodies how pages are laid out and constructed, include explicit specifications for inline, 2D dynamic graphics? There's valid arguments on both sides. One side believes that the ability to plot charts and animations would have been part of the original HTML standard anyway, had the technology existed on the back end in the beginning; giving HTML 2D graphics now, they say, plugs a hole left open for too long. Another believes the HTML5 standard should simply specify an API for plug-ins, to let separate groups of engineers evolve a methodology for plotting graphics at their own pace, and on their own track.

From one angle, the debate appears as innocuous as this: Should graphics be considered within the scope of a markup language, or not? But any debate on the topic of Web standards development has never sustained continued viewing from one angle alone. From another angle entirely, one can't help but notice that the principal advocate of letting the so-called Canvas element be developed separately, is an engineer with Adobe, which has more than the average stake in the outcome of Web graphics development.

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China denies it's in any talks with Google, wonders why

After a Reuters report on Friday cited China's Industry and Information Minister, Li Yizhong, as having told an indeterminate parliamentary body that the government was in talks with Google over its claims of having been hacked in early February by a Chinese malicious source, a vice minister for the same government agency issued a statement through China's Xinhua news agency denying any negotiations have taken place at all.

The denial was covered by Reuters as a request by the ministry for more information, so that China could prosecute Google's complaint. The Xinhua report itself (not a Google English-language translation of the report) states the Ministry of Industry and Information Technology's position that Google never filed a complaint in the first place.

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'Hero' goes down: Microsoft cutbacks spell the end of Essential Business Server

Two years ago, during a private premiere event entitled "Heroes Happen Here" held at the same Nokia Theater in Los Angeles where the Emmy Awards are now staged, and introduced by none other than Tom Brokaw, Microsoft rolled out a truckload of new server software product lines to help cement the company's new prominence in businesses and enterprises. One of the "heroes" that day, as Microsoft phrased it, was Essential Business Server, an effort to market a ready-from-the-get-go three- or four-server database and mail management package for businesses that have a few dozen employees, but may not yet be enterprises.

It was a solid idea. But today it was left to EBS' own product managers to announce on their team blog this morning that Microsoft has made a decision to cancel the product. The excuse they gave was especially disheartening, as it essentially caved in to the arguments naysayers used against EBS' viability from the beginning.

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Did a Microsoft VP really suggest an Internet tax for cybersecurity?

In a keynote speech to the RSA security convention in San Francisco on Tuesday, Microsoft Corporate Vice President for Trustworthy Computing Scott Charney, spoke to the issue of whether a global organization on the order of the World Health Organization or the Centers for Disease Control -- a public/private cooperative -- should be established to help secure the Internet and its billions of users worldwide. During that speech, Charney tossed out a number of ideas as to how such an organization could conceivably be funded.

A transcript of Charney's comments verified by Microsoft for Betanews this afternoon indicates that he suggested such an organization could conceivably be charged with the task of empowering government regulators in member countries to impose restrictions on the behaviors of enterprises and Internet users whose policies endanger global Internet users at large.

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The road back to par: Radical reconstructive surgery planned for Firefox 4.0

In the early 2000s, Web browsers were considered by software architects to be launching platforms for other types of program interpreters, such as Java and .NET. The HTML in the Web page simply got the code going, and the network of pages a business would use to launch Web apps was considered the "intranet." But as browsers have matured (rapidly in recent months), they have become the interpreter for Web applications -- not a launching point for Java, but a proving ground for a highly evolved JavaScript.

Mozilla not only saw this trend coming, but frankly drove this trend in this direction some years ago, with the move to add just-in-time (JIT) compilation to its Firefox JavaScript interpreter. The JavaScript engine Mozilla introduced in version 3.5, dubbed TraceMonkey, borrows a concept from these language frameworks by tracing the direction of JS instructions ahead of time, catabolizing those instructions into loops, and generating a kind of intermediate code that can be very simply recompiled into machine code (assembly) at run time.

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Appeals court rules redesigned EchoStar box still infringes on TiVo's DVR

In a precedent-setting win for the company perceived as the originator of "time-shift" video recording, the Federal Circuit Court of Appeals has fully affirmed a lower court's judgment that satellite service provider EchoStar's software continued to infringe upon TiVo's patents even after making significant changes to address its complaints. This despite what EchoStar (whose DVR boxes are also used by former sister company Dish Network) had called "Herculean" efforts to steer clear of TiVo's intellectual property, and a preliminary US Patent Office rejection last August casting doubt on the validity of TiVo's patents.

At issue was whether EchoStar modified the software for two of its recorders, called the 50X and Broadcom series (the latter named after the supplier of its key hardware), in such a way that it didn't store video in a stream similar to TiVo's patented methodology. Last June, after a jury found in favor of TiVo on the infringement charge, a US district court slapped an injunction on EchoStar and Dish Network boxes. EchoStar did not appeal that injunction, and it may have thought it wasn't really enforced while courts jostled back and forth over possible penalties. That prompted TiVo to move the district court to find EchoStar in contempt. It did, and today the Appeals Court upheld that finding.

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$1 billion takeover bid may mean the end of Novell's makeover addiction

Yesterday's surprise $1 billion buyout offer for Novell from the New York-based private investment group Elliott Management came with a letter, made public yesterday, spelling out the investors' goal for the company. "Novell is a long-established company that we have followed closely for a considerable period of time," the firm wrote. "Over the past several years, the Company has attempted to diversify away from its legacy division with a series of acquisitions and changes in strategic focus that have largely been unsuccessful. As a result, we believe the Company's stock has meaningfully underperformed all relevant indices and peers."

If by "the past several years," Elliott meant "the dawn of time," it may very well have been accurate. Novell is a company that, in many people's minds, is defined by its propensity towards strategy shifts. Elliott Management's members collectively own 8.5% of Novell common stock. If their proposal ends up being approved, Novell's strategy could shift again -- this time, very dramatically. And if you can interpret their message as a signal of disappointment in Novell's inability to focus on its fundamentals, then you may see the possible result of all this: a divestiture of Novell's stake in SUSE Linux, the world's #2 Linux distribution.

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The latest European export: Who else wants a browser 'choice screen?'

It's only been a few days since Microsoft's rollout of the browser choice screen for European Internet Explorer users. But already, the European Committee for Interoperable Systems (ECIS, not to be confused with the European Commission, a legislative body), which is credited with pressing the EC forward on the browser bundling issue, is claiming victory not just with regard to exposing users to the choice they have, but with helping to advance the developmental progress of the Web.

Now, ECIS legal counsel Thomas Vinje is calling upon other trade regulatory and legislative bodies worldwide to follow Europe's example, arguing in a statement yesterday (PDF available here) that everyone should be entitled to the same ballot.

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Apple aims to take down Android by court order

At the heart of Apple's very serious charges against HTC -- among the most prominent manufacturers of Android-based phones today -- is whether the methodology Android uses to run Java programs using a specialized derivative of the Java Virtual Machine, called Dalvik, actually borrowed (or stole) ideas directly from the NeXT operating system. NeXTSTEP, you may recall, included radical innovations to the system kernel enabling inter-application communication (IAC), on a level far beyond anything Macintosh had used at the time. It was Steve Jobs' revenge against the company that had spurned him, and as history has borne out, Jobs was the victor in that little skirmish.

One of the ten patents Apple is defending in its lawsuit against HTC, drafted yesterday and filed this morning in US District Court in Delaware, deals specifically with NeXT's methodology. Apple acquired NeXT at the end of 1996, which is how Jobs re-entered the universe of Apple -- many believe, to have saved the company. Earlier that year, NeXT received a patent on a framework for IAC designed to compete with COM/DCOM and CORBA, the two other leading object methodologies of the time.

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The new champion: Opera's all-or-nothing bid to build the best browser

Download Opera 10.5 Release Version for Windows from Fileforum now.

Usually software companies have the luxury of picking their own deadlines, and typically -- especially in the case of open source or free programs -- those deadlines are allowed to slip or even lapse. But the European Commission gave Opera a solid opportunity to get back in the game, to be discussed once again in the same company as Mozilla Firefox, Google Chrome, and Apple Safari.

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