April 2012

Apple on Australian 4G: You’re Branding it Wrong

Accused of misleading consumers about the 4G capabilities of its latest iPad in Australia, Apple is taking the country’s regulators to the mat. And it’s going armed with a controversial argument. It’s not the iPad that’s been mislabeled. It’s Australia’s 3G networks.

In a brief filed with the Federal Court in Melbourne, Australia, this week, Apple — which last month agreed to notify consumers that its new iPad is not compatible with Australia’s 4G LTE network and to offer refunds to early purchasers who feel they were misled by its branding — refused to stop marketing the device as “iPad Wi-Fi + 4G.” Its argument for doing so? Many of Australia’s 3G networks can reasonably be described as 4G under international definitions.

Brussels approves $2.2 billion Sony-EMI deal

A Sony-led consortium won European Union clearance on Thursday for its $2.2 billion purchase of EMI’s music publishing business, giving unexpectedly early antitrust approval to one-half of a deal to split the independent British music group. To allay the European Commission’s competition concerns, Sony will sell EMI Music Publishing catalogues generating about €25 million in revenues annually from songwriters such as Ozzy Osbourne, Culture Club and Robbie Williams. While Sony was forced to sweeten the original offer it made to the Commission, winning early clearance is an important breakthrough for the consortium that will allow it to avoid a lengthy in-depth investigation.

FCC Will Allow Text-to-Speech Emergency Alerts

The Federal Communications Commission has decided to defer, rather than prohibit, converting emergency alerts from text to speech, a prohibition in its initial Emergency Alert System (EAS) order.

The FCC amended its Jan. 10 order on specifying how EAS participants, which include broadcasters and cable operators, must receive Common Alert Protocol (CAP) messages. The original order had not allowed text-to-speech conversions of those CAP messages because, for one reason, the accuracy and reliability had not been established, said the FCC. It also wasn't convinced the obligation should be on the receiver, rather than the transmitter of the message to do that conversion. But FEMA, for one, objected, saying that by prohibiting TTS it would limit its development.

Verizon CFO Denies Wireless Carrier Has 'Hoarded' Spectrum

Verizon Wireless has been "very, very good stewards of spectrum," Verizon Communications chief financial officer Fran Shammo said, responding to accusations by public interest groups that the carrier has been hoarding valuable wireless spectrum since 2008.

"We are responsible and efficient owners of the spectrum, and as a company policy we would not hoard the spectrum," he said. The spectrum Verizon seeks to buy from cable companies is very efficient from an "overbuild perspective" on the capacity of the Verizon Wireless LTE platform, particularly in the East, Shammo said. That means the lower 700 MHz A and B licenses do not "fit as nicely into our spectrum holdings as it may for others... so we think it is the prudent thing to do to sell these licenses off to the rest of the industry for the benefit of their customers and to enhance their ability to build out 4G LTE," he said. Shammo added, "We did not just wake up yesterday and decide we were going to sell spectrum because we ran into a roadblock at the FCC." Verizon is "still very confident" that the AWS deals will receive approval from the FCC and Department of Justice, he said. The auction of the 700 MHz A and B blocks is contingent on the approval of the AWS spectrum sale "because obviously, we would need this spectrum if that is not approved," Shammo said.

FCC Will Turn Over More LightSquared Documents

The Federal Communications Commission will turn over more documents related to its grant of a waiver to LightSquared for a national wholesale wireless broadband network.

The FCC is in the process of rescinding that waiver over GPS interference issues. "[T]he FCC has indicated we can expect additional documents in the coming weeks," said a House Commerce Committee staffer. The FCC has already turned over some 13,000 pages. Sen Charles Grassley (R-Iowa) has a hold on two nominees for open commission seats and has refused to lift it until he gets access to FCC documents. The FCC would not give the documents to Sen Grassley because he is not the chair of a committee with jurisdiction. The House Commerce Committee has shared the first round of documents with Sen Grassley.

A Grassley aide said that those 13,000 pages were all previously released to others under FOIA requests and the hold stands until he gets more. A second FCC document drop at least provides some hope that the hold might ultimately be lifted. Until then, said the aide speaking on background, "There's nothing new here. Sen. Grassley still wants to receive internal documents before lifting his hold on the nominees."

Instagram, Facebook Lead Online

News that the online giant Facebook purchased Instagram for $1 billion drew two different reactions in social media last week: shock at the price tag and skepticism about how Facebook would impact the popular photo-sharing app. For the week of April 9-13, the internet business acquisition was the most discussed topic on blogs and the third most discussed on Twitter, according to the New Media Index from the Pew Research Center's Project for Excellence in Journalism.

Google’s Creative Destruction

Venture-capital firms have been the engine of the United States’ innovation economy. At Google Ventures, the search giant’s investing arm, Google thinks it can build a better one.

TV Dramas Account for Most Primetime Viewing, Timeshifting and Ad Spend

Television viewers in the U.S. have more choices than ever, both in terms of how and where they tune in and in what they watch. In the first of a three-part insight series, Nielsen looked at viewership and advertising across five traditional primetime genres and found that dramas account for the largest share of viewership, timeshifting and ad spend, while reality programs claimed the largest share of product placements. The Advertising & Audiences Report also found that, when watching at home, 43 percent of timeshifted primetime broadcast programming is played back the same day it was recorded and 88 percent is played back within three days.

Other primetime TV findings include:

  • During primetime, the share of viewership devoted to sitcoms has risen steadily over the past three years.
  • $72 billion was spent on TV advertising in the U.S. in 2011, with $14 billion allocated during these five traditional primetime genres.
  • More than half of all broadcast TV product placements during primetime took place on reality programs (4,664).

Google engineer Lindholm: 'I had little involvement in Android'

As anticipated, the April 19 schedule in the copyright phase of the Oracle v. Google infringement case included testimony from Tim Lindholm. Lindholm joined Google as a software engineer in 2005 and has gained some notoriety as the author of the 2010 email allegedly attempting to convince Android chief Andy Rubin that officially licensing Java was the best solution for Android:

"What we've actually been asked to do (by Larry and Sergei) is to investigate what technical alternatives exist to Java for Android and Chrome. We've been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need."

Oracle started out with the standard questions on Lindholm's background — namely, his history at Sun Microsystems working with the Java language. A little research of our own shows that Lindholm worked for Sun Microsystems for seven years, prior to joining Google, where he apparently contributed to the creation of the Java programming language, including the Java Micro Edition adapted to run on mobile devices.

Who dropped the dime on the Apple e-book five?

How did the Department of Justice’s e-book case get started? How did it go so wrong? And, most intriguingly, who fed the DOJ's investigators all the details? In other words, who dropped the dime? We may have to wait for the trial to get definitive answers, but there are enough thinly veiled hints in the complaint to allow some educated guesses.

  • The "corporate superior" who provided e-mails translated from French would have to be Hachette, the only co-defendant based in France.
  • The "large print and e-book retailer" whose e-mails from Penguin CEO David Shanks are quoted verbatim could only be Barnes & Noble (BKS), an Amazon competitor whose share of the e-book market grew to 27% after Apple introduced the so-called "agency model" and whose share price dropped 6.4% one day after the antitrust suit was filed.
  • And the unnamed "non-defendant publisher CEO" who makes at least five appearances in the complaint is, according to three sources who declined to go on the record for fear of angering the largest and most powerful publisher in New York, Markus Dohle, CEO of Random House.