Business Tech

The legal back-and-forth between Nokia and Apple over patents, and who might be abusing them, continued Tuesday as Nokia lodged a complaint with the U.S. International Trade Commission.

In its complaint to the USITC, the Finnish company alleges that Apple infringes seven Nokia patents "in virtually all of its mobile phones, portable music players, and computers."

The alleged patent infringement is connected to key features in Apple products including user interface, camera, antenna, and power management technologies. Their value to Nokia, the company says, comes in allowing better user experience, lower manufacturing costs, smaller size, and longer battery life for Nokia products.

In October, Nokia filed a lawsuit against Apple in U.S. District Court in Delaware regarding 10 patents related to wireless handsets, which Nokia says Apple has refused to license. Every iPhone model since the original, introduced in 2007, infringes on those patents, Nokia has charged.

Apple filed a countersuit earlier this month, charging Nokia with infringing 13 Apple patents related to the iPhone.

"While our litigation in Delaware is about Apple's attempt to free-ride on the back of Nokia investment in wireless standards, the ITC case filed today is about Apple's practice of building its business on Nokia's proprietary innovation," Paul Melin, general manager of patent licensing at Nokia, said in a statement.

"Nokia has been the leading developer of many key technologies in small electronic devices," Melin said. "This action [Tuesday's complaint to the USITC] is about protecting the results of such pioneering development."

Apple was not immediately available to comment on Nokia's filing with the U.S. International Trade Commission. The USITC is an independent federal agency that looks at issues including unfair trade practices involving patent, trademark, and copyright infringement.

Nokia says that over the past two decades it has spent some 40 billion euros ($57.5 billion) on R&D and has amassed "one of the wireless industry's strongest and broadest IPR portfolios, with over 11,000 patent families."

In November, research firm Strategy Analytics reported that Apple had surpassed Nokia in quarterly mobile phone profits, bringing in $1.6 billion from the iPhone, compared with Nokia's $1.1 billion in cell phone profits.

Verizon is looking closely at "slate" computers as it plans to expand its portfolio of offerings in 2010.

OLPC's XO-3 tablet concept: Verizon expects many 'slate' devices to emerge in 2010

(Credit: OLPC)

In an interview, Brian Ullem, who heads emerging devices for Verizon Wireless, discussed slate computers (aka tablets) and Netbooks and what these mean--and could mean--to Verizon's future.

"I do think that slates are going to be emerging in rapid succession in 2010," Ullem told me. "What remains to be seen is how people use them. And the operating systems that manufacturers and carriers will select."

Verizon is looking at the slate computer as an emerging device that it would possibly market, Ullem said.

And what may be inside some of these devices? Verizon is looking at Nvidia's Tegra processor, among many possibilities. The graphics chipmaker's new processor is expected to be used in tablet or slate computers that will come to market in 2010.

What does he think about Apple's influence? "Apple has been very good at defining new categories where there previously has been limited interest," he said. The Apple tablet, if it debuts as expected early next year, has the potential to be a disruptive product, Ullem said.

And the operating system for these emerging devices? Ullem mentioned Jolicloud, Intel's Moblin, and Google's Chrome OS as possibilities, with the caveat that Internet connectivity with a pleasant interface isn't enough. "Look at Ubuntu [Linux]. Just getting (consumers) on the Web is not good enough," he said. "There has to be enough elements of what they're used to in order for it to be adopted." Ubuntu has not been as successful as expected in mobile devices.

Verizon continues to see steady Netbook sales at stores.

(Credit: Verizon)

Ullem categorizes products that the Verizon stores handle or will potentially handle in order of ascending size as: smart devices (smartphones), mobile Internet devices (MIDs), and Netbooks. "Anything up to a 7-inch device is a MID...anything over that is a Netbook-class device or PC-computing device," he said.

To consumers, MIDs will look like oversize smartphones or small tablets. Larger-size tablets (with a 10-inch diagonal screen size) will be more like a full-blown personal computing device, Ullem said.

Other devices that may appear in Verizon stores? "Picture frames, video cameras, digital cameras, gaming equipment...we will look at everything that will be bring an additional subscriber to the network. Basically, Verizon looks to put more devices that are wirelessly enabled into customers hands."

And Verizon stores continue to see steady Netbook sales. "After an initial burst when they first hit the stores around Thanksgiving, sales have slowed a bit, though they are still steady," said Bob Elek Manager, a Verizon spokesman. "Customers appear to like the versatility that the Netbook offers, as well as the smaller size."

Google, the company that made "don't be evil" its corporate motto, is shunning use of an open-source license variation that precludes use of software for evil purposes.

The matter illustrates the tensions between the sometimes free-wheeling ways of open-source programming world and the buttoned-down corporate realms where open-source software is no longer unusual. This particular issue bubbled up at Google Code, a site that hosts open-source projects from Google and others.

When he wrote JSMin, Douglas Crockford added this line to the open-source MIT License.

(Credit: Douglas Crockford)

Google only permits software governed by a limited list of widely used open-source licenses to be hosted at Google Code; one that's permitted is the MIT License. Douglas Crockford picked a variation of the MIT license for his JSMin program to shrink JavaScript programs so that Web browsers can download them faster, and Ryan Grove carried that license over for his variation called JSMin-PHP rewritten in the PHP language.

JSMin-PHP had been hosted at Google Code until earlier in December, when it came to the attention of Chris DiBona, Google's open-source honcho, that the software's license had an extra requirement added to the regular MIT License:

"The Software shall be used for Good, not Evil."

"As Google (and some others) interpret it, this additional requirement constitutes a vague use restriction and thus makes the license non-free. Chris [DiBona] explained that if I were to remove that line from the license and 'return to a proper open source license that we support,' then jsmin-php could stay on Google Code. Otherwise, he said, 'we can't host you,'" Grove said on his blog. "Of course, I can't change the license, because it's not my license. It's Douglas's license...All derivative works and copies of jsmin.c either include this license or are in violation of it."

Consequently, Grove moved JSMin-PHP to the GitHub collaborative programming site. "If you currently have a project on Google Code that is derived from or includes jsmin.c, you might want to consider migrating to a new host with less restrictive policies," Grove added.

How did this all come about? According to a July speech by Crockford, who works for Yahoo and describes himself as a heretic, the license was an artifact of the George Bush administration's war on "evildoers." He uses the licenses for all the projects he's created, he said.

"This was late in 2002, we'd just started the war on terror, and we were going after the evildoers with the president and the vice president, and I felt like I need to do my part," he joked. "So I added one more line to my license, which was that 'the software shall be used for good, not evil.'"

"About once a year I'll get a letter from a crank who says, 'I should have a right to use it for evil! I'm not going to use it until you change your license.' Or they'll write to me and say: 'How do I know if it's evil or not? I don't think it's evil, but someone else might think it's evil, so I'm not going to use it,'" Crockford said. His conclusion: "My license works, I'm stopping the evildoers."

He's willing to grant an exception, though, he said.

"Also about once a year, I get a letter from a lawyer, every year a different lawyer, at a company--I don't want to embarrass the company by saying their name, so I'll just say their initials: IBM--saying that they want to use something I wrote," he said. "They want to use something that I wrote in something that they wrote, and they were pretty sure they weren't going to use it for evil, but they couldn't say for sure about their customers. So could I give them a special license for that? Of course. So I wrote back... 'I give permission for IBM, its customers, partners, and minions, to use JSLint for evil.'"

These days, though, lawyers are a real force in the programming world, and I can see how the line, however jokingly it might have been added, might cause corporate indigestion. Perhaps Crockford has no intention of enforcing the license, but perhaps some contributor to a project farther down the path of derivative works might have a more humorless interpretation.

After all, there have been efforts to add political elements into open-source and free-software licensing--for example, one variation of the GNU General Public License that prohibited military use of the software. And deeply held philosophical and ethical beliefs are certainly no stranger to the open-source and free-software realm.

Even if a company, project, or individual does conclude the license isn't onerous, that extra line adds a lot of busywork to the collective and never-ending task of evaluating software. I'm all for humor, principled positions, and honest debate, but I prefer it to take place where it won't hobble some other software project's prospects.

I know I sound stuffy (or perhaps "risk-averse" and "disconnected from the community," as Aaron Boodman would have it), but I hate to see good work fall by the wayside for what seems to me a reason that's secondary at best.

Updated 1:38 p.m. PST to clarify the nature of JSMin-PHP.

Mozilla won't make a 2009 deadline for releasing Firefox 3.6 and is giving itself more time to complete a major update, version 4.0.

The organization behind the open-source Web browser had predicted a final release of Firefox 3.6 in December 2009, but the Mozilla Web site now includes "ship Firefox 3.6" as a goal for the first quarter of 2010.

In addition, Firefox 4.0, which had been due in 2010, now is "aimed at late 2010 or early 2011," with a beta due in the summer of 2010, according to Mozilla.

Schedule delays are common in the software world, but browser development is furious these days with the arrival of Google's Chrome into the market, Apple helping to expand the frontiers of what the browser can do, Opera trying to dramatically speed up JavaScript execution and display performance, and Microsoft getting more ambitious again with Internet Explorer. "We've always been more quality-driven than time-driven, but we understand timing in the market matters to our users and our competitiveness," said Mike Shaver, Mozilla's vice president of engineering, in an October interview.

Organic Flash Memory

(Credit: University of Tokyo)

The University of Tokyo recently announced the development of "organic flash memory," a nonvolatile memory that has the same basic structure as a flash memory and is made with organic materials.

Flash memory is a compact form of storage that can be electrically erased and reprogrammed. To date, it's been primarily used in memory cards and USB flash drives, but during the past two years it has made its way to notebook SSD hard drives.

The memory developed at the University of Tokyo is physically flexible and can be used for large-area sensors, electronic paper and other large-area electronic devices if its memory retention time can be extended, beyond the current one-day limit. It also provides a glimpse of how computing devices could become more physically versatile depending on the situation and other components necessary to make the device work.

There are a broad range of places where non-linear, flexible technologies could make sense. Consider the possibility of wearable storage that conforms to a body shape for video capture, or the ability to use rounded objects as storage devices. This also opens the door for all kinds of practical and nefarious uses--monitoring tire pressure or capturing the data from someone's shoe to find out where they've been.

And while it will likely be a number of years before technology like this is ready for prime-time, it also shows tenets such as Moore's Law related to processors may be usurped by other functions such as the ability to be pliable. It also speaks to the fact that IT as industry needs to continue to push the boundaries on commonly accepted practices and invest in hardware innovation, not just in consumer-facing Web sites and social networks.

Flash has become a highly profitable niche for a number of players such as Sandisk, Toshiba, and Samsung with third quarter 2009 global sales rising 26 percent over the second quarter of 2009. Incidentally, electronics research firm iSuppli noted that the average selling price of NAND flash climbed 40 percent sequentially in the third quarter, double the second quarter's increase. Prices are expected to slip 2.9 percent sequentially in the fourth quarter, according to iSuppli estimates.

Amazon's second-generation Kindle

(Credit: Corinne Schulze/CNET)

Amazon.com on Saturday released its annual post-Christmas statement on holiday sales and made one thing clear: the Kindle was king, perhaps fueled by continued shifts in plans for shipments of Barnes & Noble's competing Nook e-reader.

"We are grateful to our customers for making Kindle the most gifted item ever in our history," said Amazon founder and CEO Jeff Bezos.

In another milestone for the e-reader, the company noted that on Christmas Day, for the first time ever, Amazon customers bought more Kindle books than physical books. The company didn't offer specific numbers for either category.

The peak shopping day for the online retailer was December 14, when customers ordered more than 9.5 million items worldwide, "a record-breaking 110 items per second."

Among those items bought between November 15 and December 19, the top electronics, following the Kindle, were Apple's iPod Touch 8GB and the Garmin Nuvi 260W GPS.

In the video game category, ... Read more

If the Apple tablet emerges as expected, this will be another big device market, following media players and smartphones, that the PC industry cedes to Apple.

Tablet: Is this the best WinTel-HP can do?

(Credit: Hewlett-Packard)

The writing is already on the wall already for Microsoft and smartphones, as spelled out in a previous post and as documented in shrinking market share numbers.

That's not to say that Microsoft, Compaq (later Hewlett-Packard), and Intel didn't have a chance. Remember the Compaq iPAQ PDA that debuted way back in 2000, powered by an Intel StrongARM chip running an early version of Windows Mobile?

That device had a lot of potential. The operative word being "potential." An iPAQ could have been an iPhone. Or at the very least an iPod. And everybody could be drooling over iPAQs today instead of iPhones. Or using iPAQs instead of BlackBerrys. But of course things didn't turn out that way.

Fast forward to 2010 (January?). Apple announces a tablet and suddenly everyone wants a tablet. (Or iSlate, if you will.)

Whatever happened to this Intel-powered Asus MID?

(Credit: Asus)

And what have Microsoft, Intel, HP, and others been offering in the interim years when they had every opportunity to come out with a blockbuster tablet? Unattractive, bulky, half-baked convertible laptops that, let's put it this way, have not taken the PC market by storm.

So, here's the $64,000 question, uh, make that the $64 billion question. Why can't the combined R&D smarts, market clout, and overall technological resources of Microsoft-Intel-HP-Dell come up with a thin, sexy compelling tablet and/or media pad that will turn heads and convince the unbelievers (the average why-would-I-need-something-like-that consumer) that a tablet is a must-have product?

Answer: Because Apple will.

Here's a not unlikely scenario. Apple brings out the tablet/media pad, wows U.S. (and world?) consumers, sells a ton of units, Microsoft-Intel-HP-Dell follow suit with slavishly copied devices that don't sell very well comparatively.

iPAQ PDAs: Missed opportunity?

(Credit: Hewlett-Packard)

That's how the market for successful newfangled devices works these days. Apple creates the market and everyone else follows in a panic.

Then there's the Intel factor. Intel also wants to be a player in this space. But Intel and its coterie of PC makers can't get off the traditional-design laptop gravy train. Plus, as formidable a chipmaker as Intel is, it is still behind the Qualcomms and Texas Instruments of the world in building the power-efficient system-on-a-chip silicon that goes into smartphones and will likely go into tablets.

So, here's my question for Intel et al: How many people will be buying Netbooks or Intel-based MIDs (mobile Internet devices) in 2011 if Apple has a more compelling alternative? Answer: a lot less if the Apple tablet exists.

OLPC tablet concept: Can't a PC maker do this?

(Credit: OLPC)

And add Asia-based device makers offering tablets using an Nvidia Tegra 2 chip to that. A number of these tablets are expected too in 2010. In fact, Nvidia is already doing what Intel should have finished doing a long time ago: make a competitive system-on-a-chip that powers small devices. Intel had the chance to make XScale (what StrongARM eventually became) into something big for small devices six years ago. But it didn't. And now Intel is trying to reinvent the wheel by squeezing the upcoming "Moorestown" Atom chip into smartphones.

Intel, I'm sure you think Moorestown is a great idea, but it's a little late. Apple beat you to it by about three years.

On a recent trip to the California desert, with access to both a BlackBerry Storm and an iPhone 3GS, I had a chance to test Verizon's vaunted claims about better coverage.

Anza Borrego Desert State Park, about two hours south of Palm Springs by car, is California's largest state park and covers roughly 1,000 square miles of desert. In other words, it's mostly raw, but stunningly beautiful, wilderness. Over the years, I have often made day trips (alone or with friends/family) to boulder up washes in the surrounding mountains (see photo).

Anza Borrego Desert State Park: looking east towards the Salton Sea: good coverage even here.

(Credit: Brooke Crothers)

The largest town in the area, Borrego Springs (the 2000 census put the population at about 2,500), is famous for having rock-solid 2G (and increasingly 3G) coverage for most major carriers. In fact, in the spot shown in the photo (embedded in this post), which was taken after an hour of bouldering up a wash just west of Borrego Springs, there is no hiccup in service.

But Borrego Springs, surrounded by a desert (figuratively) of dead zones, is the exception. Outside of town, in places like the outback of Coyote Canyon or in the desert east of the Shelter Valley area (part of Julian, Calif.), it's very hit or miss. ... Read more

It's been a hot year for Netbooks, but not so much for the rest of the portable PC market.

Netbook sales are likely to hit $11.4 billion this year, a 72 percent rise from last year, thanks to a 103 percent leap in shipments, according to a new report from DisplaySearch. But notebook revenue overall will be down around 7 percent from last year.

The latest DisplaySearch Quarterly Notebook PC Shipment and Forecast Report, released Tuesday, found that the surge in Netbook (mini-notebook) sales was not enough to offset declines for ultra-portables and larger laptops. Aside from Netbooks, annual revenue will likely be down in every portable PC category.

Though notebook shipments are expected to grow 5 percent for the year, average selling prices (ASPs) will show a 20 percent drop as vendors have slashed prices throughout the year, DisplaySearch has forecasted . Average prices for Netbooks and 13-inch to 16-inch notebooks will probably be down 15 percent for the year, a significant cut as these two categories make up 85 percent of the overall notebook market.

(Credit: DisplaySearch)

For 2010, notebook shipments will rise by 16 percent, predicts DisplaySearch, thanks to better than average gains in Netbooks and ultra-portables. The CULV (Consumer Ultra-Low Voltage) market will drive growth with an array of new 11.6-inch and 12-inch portables sporting prices under $500. However, sales next year will likely be flat or down for most portable segments, except desktop replacement, which should enjoy growth of 21 percent over 2009.

The popularity of Netbooks may start to fade next year, DisplaySearch said. Shipments could rise 20 percent, but sales will flatten, and then drop in 2011 as prices come down and performance goes up for ultra-portables and larger notebooks.

(Credit: DisplaySearch)

"Our long-term outlook is that the mini-note share of the notebook PC market has stabilized, and will remain at approximately 20 percent through 2011 before starting to erode," said John F. Jacobs, DisplaySearch director of Notebook Market Research, in a statement. "While mini-notes offer lower ASPs and are thinner and lighter than notebook PCs, the performance of larger notebook PCs continues to improve while prices continue to steadily decline, increasing the performance gap while narrowing the price gap."