December 2012

Tech Companies Including Google, Facebook, And Zynga Unite Against The Patenting Of Abstract Ideas

An octet of tech companies have filed an amicus brief asking the courts to reject lawsuits concerning vague patent concepts. Facebook, Google, Zynga, Red Hat, Intuit, Dell, Homeaway, and Rackspace are all saying that abstract claims--for example, the Steve Jobs patent, rejected by the U.S. patent office, which attempted to claim ownership of any multi-touch interface--are a waste of money and suffocate innovation. The short-term aim of the brief is to upend a recent decision by the courts to uphold the Alice Corp's patent claim on computer-implemented financial intermediation over the CLS Bank (translation: the bank creates a "shadow" site, usually in data storage, on which credits and debits can be made. When the transaction is completed--i.e., the person sending the money is found to have enough funds in his account--on the shadow site, then the demand is made to the real site belonging to the financial institution).

The end of Trib's bankruptcy means new legal pain for shareholders

Tribune Company will exit the mire of its four-year bankruptcy within weeks, but thousands of former employees and shareholders likely will remain stuck in litigation with the company's creditors for years. The Chicago-based media conglomerate will implement a bankruptcy reorganization plan that partially pays off creditors but also lets some of those IOU-holders revive litigation to squeeze the employees and shareholders for additional repayment. About 50 cases filed in state and federal courts nationwide have been consolidated in New York but were on hold during the past two years, pending Tribune's emergence. Chief among the creditors' targets are former Tribune executives, directors and advisers, including current Tribune Chairman Sam Zell and former CEO Dennis FitzSimons, who led Tribune through a 2007 leveraged buyout that saddled the company with $13 billion in debt. But also caught in the dragnet are rank-and-file employees who sold stock or collected deferred compensation in the LBO and even elderly investors who long ago bought Tribune stock. “It's screwy,” says Gloria Trudman, a 78-year-old Northbrook woman and former Tribune shareholder who wrote to the federal judge in New York handling the consolidated cases after receiving what she called a “book” explaining the lawsuit against her.

FCC Approves "White Space" Devices in Eastern US

Fully four years after adopting rules for unlicensed TV Band Devices (TVBDs), also called “white space” systems, the Federal Communications Commission has authorized roll-out beyond the two small test areas previously approved. Touted by advocates as “Wi-Fi on steroids,” TVBDs can now boot up in New York, New Jersey, Pennsylvania, Delaware, Maryland, Washington DC, Virginia, and North Carolina. The FCC expects to extend authorization nationwide by mid-January.

4 obstacles to mobile world domination

Striking it rich on mobile is hardly a sure bet. Here are four stumbling blocks standing in the way:

  1. Advertising. The biggest challenge for mobile developers? Properly monetizing their work. Union Square Ventures principal Fred Wilson recently reiterated his support for a free tier with a premium upgrade. In theory, doing so maximizes an app's potential exposure. That leaves advertising as one possible revenue stream. But even companies like Facebook , which offers main app for free, have publicly grappled with how to present relevant ads on screens as small as three or four inches without taking away with the user experience.
  2. Penetration. Although overall mobile will eclipse the desktop, there's still a long way to go. Of the 5 billion mobile users around the world, just 1 billion of them are using smartphones. The rest are using simpler feature phones. In countries like China and the U.S., smartphone growth is expected to grow rapidly 50% year-over-year, but smartphones remain a tougher sell in many third-world countries where the cost can be prohibitive.
  3. Fragmentation. For larger companies like Facebook or eBay, investing in mobile across myriad devices is obviously less of an issue financially, but for many startups, which often debut with hundreds of thousands -- and in rarer cases, millions -- of dollars in initial funding, resources remain limited. This often means being selective about which platforms to support initially. But within those platforms, development can be a problem, particularly as devices become even more diverse. An app may run smoothly on one Google Android device for example, but not work at all on another.
  4. App discovery. In the early days of Apple's iPhone, success seemed relatively easy. Spend a few weeks or months coding a fun or useful app for users to "snack" on, and that app could be the next "Angry Birds." Now, it's harder. Much harder. Both iOS and Android apps number around 700,000 each. (Heck, even Windows Phone claims 120,000.) Even with Apple and Google's best efforts to highlight apps in their virtual storefronts, some start-up developers we've spoken to admit it's more challenging than ever to get noticed.

IDC: Samsung and Apple are driving holiday sales

Once again, Samsung and Apple are the big winners in the quarterly Worldwide Connected Smart Device report. Combined shipments of PCs, tablets and smartphones grew a healthy 27.1% year over year in the third quarter of 2012 according to IDC -- a total of 303.6 million devices worth $140.4 billion. But the growth was heavily weighted to the markets where Samsung and Apple dominate: smartphones and tablets. IDC expects more of the same this holiday season: tablet shipments in Q4 are expected to grow 55.8% and smartphones 39.5%, while PC shipments are expected to decline slightly from this quarter a year ago. In a set of stats that neatly sums up the competition between the two companies, IDC reports that Samsung maintained the top position in market share (21.8%) based on shipments, while Apple, which ranked second in shipments, led all vendors in the value of products shipped ($34.1 billion).

Europe wants to smash ‘barriers’ to digital health

One of the next hot areas of digital investment is connected health management. The number of apps that help empowered patients take charge of their own conditions is growing, and investors are piling in. But that growth is uneven. Whilst the sector is taking off in the United States, Europe acknowledges “barriers” remain. So the European Commission has drawn up an “action plan” to improve prospects.

That plan aims, by 2020, to:

  • specify the structure of patient record data that can be exchanged across borders
  • improved patients’ digital health literacy
  • develop a mobile health green paper by 2014
  • improved the market conditions for e-health entrepreneurs.

European rights holders want levies on Dropbox, Google Drive

Austrian rights holders group IG Autoren made waves this past weekend with a statement that suggests it wants to broadly expand levies on storage media. Consumers in Austria already pay levies on blank CDs and DVDs. Rights holders have been advocating to expand these kinds of fees to hard drives and other forms of storage media as well, and apparently aren’t just thinking about local storage.

Apple Maps “Life Threatening,” Say Australian Police

Add “potentially life-threatening” to the list of shortcomings accumulating around Apple’s new iOS mapping application. Police in Victoria, Australia, issued a warning discouraging travelers from relying on Apple’s new iOS 6 Maps app to navigate the region. The reason: In the past few weeks, six motorists have ended up stranded deep in a national park, after following the apps directions to the city of Mildura.

Open Internet Advisory Committee

Federal Communications Commission
January 17, 2013
10:00 A.M. to 12:00 P.M. PST
Stanford University
http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db1207/DA-1...

Federal Register notice: http://www.gpo.gov/fdsys/pkg/FR-2012-12-17/pdf/2012-30232.pdf

At its January 17, 2013 meeting, the Committee will consider issues relating to the subject areas of its four working groups—Mobile Broadband, Economic Impacts of Open Internet Frameworks, Specialized Services, and Transparency—as well as other open Internet related issues. A limited amount of time will be available on the agenda for comments from the public.



Broadband & Social Justice Policy Summit 2013

Minority Media and Telecommunications Council
January 16 – 17, 2013
Westin Georgetown Hotel
http://mmtconline.org/bbsj-summit/register/