The matter was remanded by the Federal Circuit to the District Court, and, as we blogged in December, several additional pre-trial rulings again favored the JMRI project, including a ruling on the eligibility of software code that is distributed for free for copyright infringement damages. The settlement was reached with a trial date on the not-too-distant horizon.

With the settlement, the Federal Circuit and District Court rulings will not be subject to direct appeal. Given the rarity of litigation over open source software, it seems unlikely that the reasoning of these two rulings will be questioned judicially in any other open source litigation for some time.

The settlement agreement is here, and the permanent injunction is here.

The explanation of the settlement on the JMRI site indicates that the proprietary software company has agreed, among other things, not to misuse the JMRI software at issue, or to register any domain names incorporating certain terms attributable to the JMRI project, and will make a payment of $100,000. Future disputes will be settled by mediation or arbitration.

Yahoo has replaced Google as the default search provider throughout the phone. It's crazy: the home screen widget, the browser, everything's been programmed to use Yahoo.

It is not unusual for carriers to work deals for specific software on its handsets. They take money wherever they can get it. But this deal is sure to confuse the customer, as Android phones are commonly called Google phones by many. Let's face it, Google makes Android, and one of its strengths is the tight integration with the company's online services. And search is certainly one of Google's big services, but not on the AT&T Backflip.

This is the equivalent of a Windows PC hitting the market that has Internet Explorer removed and Safari as the only browser. Some customers might be happy by that but most would be confused. Then to make matter worse, imagine that Internet Explorer couldn't be installed by the user to get around this major change. That seems to be the case with the AT&T Backflip, as early testers are reporting the inability to get Google search working in any of the Android programs.

There has been enough complaining about fragmentation in the Android space, so I won't rehash that topic. But there is something so fundamentally wrong when an Android phone has Google search removed. And replaced by Yahoo search? I guess this makes the Backflip the Yahoo Phone.

Related research on GigaOM Pro (sub req'd):

As Windows Mobile Stumbles, Which Smartphone OS Will Seize the Lead?

Yahoo has replaced Google as the default search provider throughout the phone. It's crazy: the home screen widget, the browser, everything's been programmed to use Yahoo.

It is not unusual for carriers to work deals for specific software on its handsets. They take money wherever they can get it. But this deal is sure to confuse the customer, as Android phones are commonly called Google phones by many. Let's face it, Google makes Android, and one of its strengths is the tight integration with the company's online services. And search is certainly one of Google's big services, but not on the AT&T Backflip.

This is the equivalent of a Windows PC hitting the market that has Internet Explorer removed and Safari as the only browser. Some customers might be happy by that but most would be confused. Then to make matter worse, imagine that Internet Explorer couldn't be installed by the user to get around this major change. That seems to be the case with the AT&T Backflip, as early testers are reporting the inability to get Google search working in any of the Android programs.

There has been enough complaining about fragmentation in the Android space, so I won't rehash that topic. But there is something so fundamentally wrong when an Android phone has Google search removed. And replaced by Yahoo search? I guess this makes the Backflip the Yahoo Phone.

Related research on GigaOM Pro (sub req'd):

As Windows Mobile Stumbles, Which Smartphone OS Will Seize the Lead?

Although Open Home is an $3.99 app, I'd really call it a platform. With it, you can skin or customize your Android interface, add Live Folders, shortcuts and such. And there's tons of custom skins, fonts, icon packs for sale in the Android Market to enhance it. There's even an experimental 3D cube interface in the latest version as you swipe to other home screens, the screen rotates like a cube. I haven't dropped the $3.99 just yet, but I did install Open Home Lite, which is free. It wasn't until after installation that I realized the software adds two extra home screens to the Nexus One. I don't have enough apps and shortcuts to fill up seven screens just yet, but I'm heading in that direction, so the extra space will come in handy. Each of the screens can hold a custom descriptive title as well check this old but relevant video to see how one user categorized the screens on his HTC Magic.

Aside from the extra home screens, Open Home adds dedicated search on the left and an interesting little slideout drawer on the right side of the screen. Simply tap and swipe the star to pull out the drawer. I'm thinking of placing the most used apps in the little drawer so that they're available from any of the seven screens. And I don't even have to give up my Live Wallpapers since Open Home supports them on my handset. Perhaps one of the best features of all Open Home allows for home screen rotation to landscape mode, something I wish Android would support natively.

I'll be playing some more with the free, lite version of Open Home, but I'm already inclined to drop the $3.99 it's a small price to pay for two extra home screens and customization features.

Images courtesy of Better Android Apps

Related research on GigaOM Pro (sub req'd):

Google's Mobile Strategy: Understanding the Nexus One

Now that AT&T has joined the Android revolution, the first question new Android users will ask is what Android apps should I download? Luckily we've created a simple guide to get you started:

First we'll start with the operating system version of the Motorola Backflip at launch, which is version 1.5 the latest and greatest to date is 2.1 (with majority of users on 1.6). This may affect your ability to download some apps as they are compatible with higher versions of the OS. Why is the OS version so out of date? Motoblur Motorola tricked out the software for social networking ease however they have not released Motoblur on the latest and greatest Android OS. Don't fret an update is coming soon.

Now that we're over the OS hump, we'll recommend some of the best Android apps for your Motorola Backflip many for free!

ASTRO File Manager

Browse and Search files on your SD Card and phone with Astro File Manager.

Advanced Task Killer

Close individual or all apps and background services with Advanced Task Killer.

Meridian Player

Meridian Player for Music & Videos.

Dolphin Browser

Dolphin Browser allows you to browse the web using Tabs and create shortcuts using Gestures.

Handcent SMS

Handcent SMS offers text messaging like on iPhone, get T9 text capabilities and text signatures.

Shazam

Shazam... simply awesome! Get any song by simply letting your phone listen to it!

i Music Tao

i Music & i Music Tao allows you to download free MP3s.

Pandora Radio

Stream music for free with Pandora Internet Radio.

Gmote

Turn your AT&T Backflip into a media remote with Gmote and even control your computer via phone!

ShopSavvy

Scan bar codes of products in stores to find best pricing nearby or online with ShopSavvy.

Google Shopper for Android

Photo scan products to get pricing and details with Google's Shopper

Aloqa Always Be A Local

Aloqa location-based app finds places nearby you versus you searching for it.

Abduction!

Abduction! Is an additive game using your phone's accelerometer.

Robo Defense

Robo Defense is a classic tower defense game for Android phones.

Mystique. Chapter 2: The Child

Check out parts 1, 2, and 3 of the Mystique 3D horror puzzle game series.

Wixel

Like words games? Try Wuzzle for hours of fun!

Jewellust

Kill time with addictive Jewellust game

Solitaire

You can't forget a classic time-killer like Solitaire.

What the Doodle!?

Guess what others are drawing while they guess your drawing all online with What The Doodle!?

BlackJack Pro

Satisfy your Vegas crave with Blackjack Pro!

If you download all these apps you might run out of space on your Backflip! Do check these apps out and tell us what you think in the comments.

Earlier, I posted a video asking which format you prefer our YouTube videos to be recorded in. Going a step further, I can't help but wonder what it is that will make the community one big happy bundle of joy. What do you want to see? What directions do envision our community taking?

For instance, if I post an article or video related to Apple, the Windows fans go ballistic. Likewise, whenever I posted something Windows-related, the Mac fanboys blow a gasket. It's like there's no happy medium these days. I cannot possibly make everyone happy all at once. I'm not even going to try!

However, I DO strongly believe that what we're doing is about the community, not just for the community. So I want to know what YOU think. What do you want to see more of in the coming months? What things can you live without? Leave a follow-up comment here, or drop me an email with your thoughts.

• What is Homeland Security monitoring now?
• Is it difficult for a printed book to keep your attention?
• Could a mobile phone series based around Windows 7 be a big hit for Microsoft?
• Hawaii has said YES to Google!
• What, exactly, is the appeal of so-called reality shows?
• Very soon, Apple will have sold their ten millionth song.
• Redwood trees are being threatened by a lack of fog.
• We definitely need a tax cut!
• Could Intel and Nokia be entering into the mobile phone fray?
• Where can you go online to listen to music, and read the lyrics at the same time?
• What 97 things should every programmer know?
• What will you look like with a 4G network?
• What could possibly be better than Google.
• New research reveals that burglers have changed their shopping lists dramatically.
• Even Barbie is a Geek!

Don't forget to stop by our software center to see what new deals we have for you today!

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While the saga between TechCrunch and Fusion Garage continues, the latter company is moving forward with the launch of the controversial web tablet, now called JooJoo. While it's not the magical tablet that inspired this blog (In African, the word joujou' means magical device.') Fusion Garage thinks they've got a winner on their hands.

For the same $499 that Apple intends to charge for an entry-level iPad with 140,000 available apps, Fusion Garage will provide you with a browser-based tablet without any capability to run and install local applications. It also lacks a 3G wireless option of any kind, relying solely on WiFi.

But what does the JooJoo have that iPad doesn't?

For starters, a 12.1 inch LCD touch screen in a widescreen aspect ration that we're more accustomed to seeing these days. And you can use all of that screen to render full HD quality video but only from your favorite video sites since the device has only 4 GB of SSD storage not nearly enough to store HD content of any real duration. It has the front-facing camera for videoconferencing that so many people feel is lacking in iPad as well as a USB port, though what one might do with that port is still unknown. As for the software, it's a Linux variant running a Webkit browser that will support both Adobe Flash 10.1 and Java.

So, do they have a winning device?

They may have had one before the iPad announcement, but not now not at that price point and limited functionality, anyway.

You can pre-order the JooJoo now which is expected to ship in 8 to 10 weeks though the site has indicated that time horizon for some time. If you're considering a JooJoo you may want to contact them for an update on a ship date, though the latest word from company executives is late Februrary.

Will you JooJoo?

[JooJoo]

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• JooJoo CEO pledges to ship this month, claims deal with leading phone maker (Paul Boutin/VentureBeat) (techmeme.com)
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Will You JooJoo? is a post from: The Magical Tablet

- Lulu will take PDF files for a book. Blogbooker.com will try to create a PDF from a blog. Unfortunately, my blog made BlogBooker choke (I have 991 posts from my blog) even when I excluded comments.

- Blurb.com will try to create a book from a blog, but it only supports blogs hosted on WordPress.com, not other WordPress blogs. That will help some people who want to print their blog into a book, but not everyone.

- I had the best luck with FastPencil. In order to reduce the size of your exported blog, you'll first want to go to your comments section, click on the spam link and clear out any spam comments by selecting all the spam comments and clicking Empty Spam. Then you can export your WordPress blog (from the Dashboard, click Tools, then Export) as an XML file that you can download to your computer. From there, FastPencil lets you upload the .xml file and then select which blog posts to include in the book. You can also filter by time, which I had to do. Even my blog posts (no comments) from the last year and a half still made a 350+ page book, and FastPencil choked on turning my entire blog into a book.

FastPencil did a few things well. Included images were imported, and some formatting such as bold made it into the PDF. But other formatting, such as code formatting and newlines/spacing between paragraphs didn't make it. Embedded content such as videos or polls were likewise empty. Trying to import my entire blog also didn't work. But all in all, I was impressed with FastPencil. They also have nice collaboration tools (e.g. you can designate editors, reviewers, co-authors, and project managers to help in writing/polishing the content). The site also works through your web browser instead of as a downloadable program, which appealed to me. If you're used to WordPress, FastPencil won't be too much of a change.

It's still not a point-and-click affair to make a nice looking coffee table book out of a blog, but it's getting closer. Right now, the make a book niche feels like the early days of recordable CDs. Back then, CD-R discs were expensive enough that I would spend time to make sure that I used all the free space on the CD. Eventually prices dropped so much that you didn't feel bad about burning a half-empty or not-perfectly-polished CD.

If you've tried other blog-to-book services or websites, let me know your experiences in the comments.

The Dell Mini 5 tablet looks like an oversized smartphone, and kind of acts like one too. It has a 1GHz Qualcomm Snapdragon processor (which is the same CPU powering the Google Nexus One phone), and runs the Google Android operating system. But it's 4.8 inch display is larger than any screen you'll find on a cellphone anytime soon, making the Mini 5 much more attractive for surfing the web, watching video, or playing games. You can also make phone calls and surf the web over 3G or WiFi.

Final details on pricing, regional availability, wireless broadband partners, and a launch date aren't available yet. But Dell is showing off the Mini 5 tablet at Mobile World Congress in Spain this week, and letting a few details drop. Right now, for instance, the demo unit is running Android 1.6, but it's likely that by the time it's available to the public the tablet will sport a newer version of the OS, possibly 2.0, 2.1, or something even newer. Adobe Flash support is also on its way.

The user interface seems very snappy and the Mini 5 can run all Android Market applications as well as some custom Dell software. As far as hardware, you've got a capacitive multitouch display, haptic feedback, and a 5MP webcam with

The folks at SlashGear got to spend some hands-on time with the tablet, and you can check out their video after the break.

Post from: Liliputing

Dell Mini 5 Android tablet shows off in Spain

Facebook users in the American West appear to move around a lot, and often have friends throughout the country, while users from Minnesota to Manhattan have connections much closer to home.

And in areas in and around Texas, on the edge of what's generally thought of as the Bible Belt, the Dallas Cowboys rank higher overall on users' fan pages than God.

These are just some of the interesting findings about Facebook users recently discovered by Pete Warden, a Colorado-based, British-born ex-Apple engineer who has spent the last six months gathering and analyzing data from more than 215 million public Facebook profile pages.

What he's discovered just might shed more light on the culture of connected America than the 2010 census.

"If you actually look at [Facebook user data] in the aggregate, it's like a painting," Warden told TechNewsDaily. "Each individual data point isn't interesting, but when you step back and look at the trends in millions of profiles, you start to see some pretty interesting pictures emerging."

Warden says he's been overwhelmed by the response he's gotten from this project, after working on similar projects in obscurity for years.

Among Warden's less surprising findings: Fox News host Glen Beck gets the number one spot on Facebook fan pages from users in Eastern Idaho. And the "Twilight" books, penned by Mormon author Stephenie Meyer, rank high in the heavily Mormon communities in and around Utah.

Facebook mining

These and other observations that Warden mined from the massive amount of Facebook data were posted on his blog last week, along with maps that break down the U.S. into seven regions based on Facebook user trends.

Now, after gathering the data from Facebook's site using software he designed and honed in the process, and making a first round of enticing observations, he wants to turn the raw data he's culled over to academia for further analysis. But he also hopes to steer investors and customers to his own software and services for further data gathering and aggregation.

"I'm much better at building the pipeline for processing the data than I am at doing really rigorous stuff with the results that come out at the end," Warden said in a telephone interview. "The patterns that I've blogged about in the U.S. data are very qualitative."

Indeed, much of the conclusions that Warden has drawn are open to interpretation, and his given names for America's regional social connection groups "Stayathomia" (the Northeast), "Socalistan" (Souther California), and "Mormonia" (the predominantly Mormon towns in Utah and Eastern Idaho) among them are playfully clever, but not very scientific.

Serious about privacy

But Warden is serious when it comes to people's privacy concerns, even though all the data being gathered is publicly available on Facebook's site, and can be found via Google. He says he wants to make the data useful for large-scale data analysis, but not for tracking down individuals.

"We want to make sure we don't help scammers, we don't help spammers, and we respect people's privacy," Warden said, "but also allow some sort of new insight to come out of this."

To that end, Warden has delayed releasing the data for the time being (he initially intended to release it yesterday, Feb. 9), after someone from Facebook contacted him, asking for some time to check the privacy implications.

Once Facebook clears the data for release to the academic world, Warden says he's ready to pass the task of interpreting all this data on to others and feature their conclusions on his blog more often than his own.

Meanwhile, Warden has some problems to patch in his data pipe, problems that have been helpfully pointed out by readers of his blog.

"One of the great things about getting this out there is having thousands of pairs of eyes to look over this stuff, like the fact that [the data shows] the top name in Alexandria, Louisiana is Mohamed," Warden said.

"When somebody pointed out that some of the profiles seemed to be coming from Alexandria, Egypt, that was a head-slapping moment."

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Now picture our perspective leaving our own experiences, zooming out and up until we can see how all the different groups are interacting on a worldwide social network. That bird's-eye view could be both beautiful and horrible if the resolution was clear enough. That's what a Ramen-eating, ex-Apple engineer named Pete Warden is about to release to the public this week.

Sponsor

This Wednesday, Warden will make Friend, Fan page and name data from hundreds of millions of Facebook users available to the academic research community. It's a move that Facebook has to have seen coming, a move that many in the data-centric community have been calling on the company itself to do for years, and an event that's been complicated by Facebook's recent privacy policy changes, which have muddied the waters of right and wrong but rendered even more data available for outside analysis.

If what people call Web 2.0 was all about creating new technologies that made it easy for everyday people to publish their thoughts, social connections and activities, then the next stage of innovation online may be services like recommendations, self and group awareness, and other features made possible by software developers building on top of the huge mass of data that Web 2.0 made public. It's a very exciting future, and Warden is about to fire one of the earliest big shots in that direction.

Nerds in Space: Social Graph Analysis For Solving Large-Group Problems

Warden studied Computer Vision in college in the U.K., then got into game development. After moving to L.A., he spent six years building graphics drivers for the original Playstation and the XBox. Then he started his own independent business, where, thankfully, he open-sourced much of his work (something he's still doing today).

When he found out that starting his own business wasn't going to work with his immigration status, he was very fortunate to have also caught Apple's eye with the software he had been releasing to the public. Apple bought his company in order to bring him on board. The proceeds of that small sale are now sustaining his next project after going independent again.

After spending five years at Apple struggling to navigate the maze of people and connections and types of expertise in order to get the information he needed, Warden decided to go independent and build a company that solved exactly that kind of problem. "I can't think of a better big company to work for, but it was still a big company," he says. "It was hard to find the right people to talk to, whether for particular expertise or for contacts at external companies." And so Warden left Apple to build a company that would use social graph analysis to solve problems like that. He called the company Mailana, a play on "mail analysis" since he was initially focused on email social graph analysis.

We've written here a number of times about Mailana's tool that analyzes the social graph of any Twitter user. Enter the username of someone on Twitter and Mailana will show you which 20 other people the user has exchanged the largest number of reciprocal public @ replies with. Find someone interesting or important? Mailana's Twitter analyzer will tell you who they most regularly interact with. See, for example, The Inner Circles of 10 Geek Rockstars on Twitter.

Pulling Down the Facebook Social Graph

Now Warden is about to unveil a much larger project along the same vein. For the past six months he's been crawling public profile pages on Facebook. He now has more than 215 million of them indexed and updated about once a month. When he began he was using the Web crawling service 80legs, but over time he had to build his own crawling infrastructure.

When I talked to him this afternoon, he had already begun uploading 100 GB of user data onto his server to make it available for academic research starting on Wednesday. Warden says he's removed identifying profile URLs but kept names, locations, Fan page lists and partial Friends lists. All those fields of data are just waiting to be analyzed and cross referenced. That's one very rich resource.

Yesterday Warden posted some of his own initial observations from the data on his personal blog. Those included:

• In almost every state in the Southern U.S., God is number one most popular Fan page among Facebook users. Among people in the L.A., San Francisco and Nevada regions? "God hardly makes an appearance on the fan pages, but sports aren't that popular either," Warden writes. "Michael Jackson is a particular favorite, and San Francisco puts Barack Obama in the top spot." In the Oregon and Idaho region? Starbucks is number one.
• In the Mormon-influenced areas of Utah and Eastern Idaho, the most popular Fan pages are The Book of Mormon, Glen Beck and the vampire book Twilight, which was authored by a Mormon.
• The bulk of Warden's posted analysis yesterday was about location networks. People in the western U.S. tend to have Facebook friends all over the country; people in the southern U.S. tend to mostly be friends with people who have remained in the same area.

Taking a Deeper Look

These observations are interesting, but they are only the beginning of what's possible. Name, location, friends and interests are great data points to analyze. Warden has written a program that will estimate gender as well, based on names. All these data points can be cross-referenced with outside data, too. Members of Facebook's own staff did this kind of analysis when they compared user last names to U.S. Census data, which allowed them to estimate changes in Facebook's racial composition over time based on the likelihood of people with particular last names to report a particular racial backgrounds.

"I'm mostly thinking 'What do I try first?'," Warden says. "There's so many interesting ways to slice the data - especially as I'm starting to get changes over time. I'm also trying to map out political networks in aggregate; how polarized the fans of particular politicians are - so how likely a Sarah Palin fan is to have any friends who are fans of Obama, and how that varies with location too. One of my favorite results is that Texans are more likely to be fans of the Dallas Cowboys than God."

Warden says he hasn't talked to anyone from Facebook since he started crawling the site, but he did get an email from someone on the security team asking him to take down instructions he'd posted that exposed a security hole that made harvesting peoples' email addresses easy. So the company is paying attention. "I'd love to see them put me out of business by putting decent data out there," Warden says. He says his Amazon Web Services bill was over $5,000 last month.

Why is he indexing all this content and why is he going to hand it over to the academic world later this week? "I am fascinated by how we can build tools to understand our world and connect people based on all the data we're just littering the Internet with," Warden says.

"Nobody thinks about how much valuable information they're generating just by friending people and fanning pages. It's like we're constantly voting in a hundred different ways every day. And I'm a starry-eyed believer that we'll be able to change the world for the better using that neglected information. It's like an x-ray for the whole country - we can see all sorts of hidden details of who we're friends with, where we live, what we like."

For a great example of the kind of social impact that data analysis can make, Warden points to some of the fascinating ways that GIS data is illuminating the intersection of race and public services. Data has shed light on social injustices for decades, and measurable information about the interactions of hundreds of millions of people every day on Facebook offers opportunities to discover both good and bad news about the contemporary human condition.

Warden says he's not yet been able to interest any investors in his ideas for businesses based on this data, so his girlfriend Liz Baumann, a former insurance actuary, stepped in to help and is now running much of the crawling. He says he's now focused on "working on ways of presenting all this information in a form that answers questions for people willing to pay." His first experiment along those lines is the very interesting FanPageAnalytics.com.

What does Pete Warden hope for from this week's public release of all this Facebook data? "Hopefully I'll get to see a bunch of interesting [academic research] papers come out of it, worst case. And I'd like to be the guy people turn to when they need stuff like this."

Already well-respected among a fringe group of bleeding-edge geeks, we hope that Warden's work on social graph analysis will end up impacting a far larger number of people than may ever know his name.

To be fair, these two developments are really far apart in their delivery dates. The Gmail status update could come as soon as tomorrow, whereas the the speech-to-text-to-speech translation system is still a ways out. You can definitely see just how much work Google needs to do by trying to read your Google Voice voicemail transcriptions. (Voice search works better on Android 2.1 because you're talking slower and enunciating.) But both these features point in the same direction many of the company's other products have been hinting at. Here's a list of Google's major products, in case you forgot, and which sector of communication they want to dominate.

Google Voice: This is a big one, and it'll be the most natural interface for Google to slot in the voice-translation into. If you're using it the way Google wants you to use it, you're already piping all your voice calls and SMS through Google's tubes. And refining speech to text gives them a good idea of your interests and what you're talking about, allowing them to better serve up the relevant ads to you during calls.

Gmail: Having access to at least one end of everyone's email conversations, outside of business emails, gives Google the ability to be a gateway for most of your written communications. But that's not enough for Google, which is why they developed...

Google Wave: It's email, message boards, chat rooms and collaboration software all in one, except every participant needs a Google account. This closes that "openness" loophole that email has, and forces everyone into Google's biosphere. So this, and Gmail, should make sure that every medium-length communique passes through Google's maw for analysis. But what about shorter and longer forms? Update: Thanks commenters, for reminding me that Google made Wave open, so people can create their own Wave servers to talk to each other with the Wave protocol. The point still remains, that if you were going to use a service, wouldn't you rather use the service from the company that created the protocol, for performance and feature reasons?

Google Docs: For longer documents.

Google Talk: For short blasts of instant messaging, video chats and some audio chatting.

Picasa and YouTube: Communication doesn't have to be all text-based, you putting your photos and videos online count too.

Android and Chrome OS: By getting you down at the operating system level, Google can theoretically know every kind of communication you perform. It knows who you talk to, how you do it and when you do it. It can even shape the how by delivering the experience themselves.

Everything else. There's Checkout, Finance, Maps, Reader, News and other apps, which fill in the other forms of communication or expression that aren't quite covered by the major products above. One major missing piece is social networking, where Google basically failed before with its Orkut service (except for Brazil), so this new Twitter/Gmail hybrid might be their next entrance into the space.

But why do they want these things? Why would Google want to be the middleman between you and the world? To sell you ads, of course. And don't think Google is going to stop at just helping you talk over the internet or over the phone, they're going to reach into meatspace as well. How? One step is making that speech-to-speech translation portable, so you can do a sort of near-field communication with someone else with the same device while at the same time being able to look them in the face. Then, blast you two with the appropriate ads on the billboard next to you.

• It's based on Android 2.1. The build currently being circulated is identified as 2.1 version 1, mirroring the update just pushed to the Nexus One last week.
• Google Goggles is now pre-installed (no matter how unhelpful it may be).
• The browser's now multitouch enabled, just like Google Maps 3.4. Huzzah! No Flash, but then again, we weren't really expecting that.
• Interestingly, the home screen's still got the same look as 2.0.1, meaning it doesn't adopt the Nexus One's rotating 3D grid of app icons -- it's still got the pull-up drawer tab at the bottom.
• No active wallpapers. Bummer!
• The news and weather widgets introduced on the Nexus One are included. Maybe certain capabilities of 2.1 are going to be restricted to devices with minimum performance benchmarks?

Motorola Droid's next update to be Android 2.1, includes multitouch browser originally appeared on Engadget on Mon, 08 Feb 2010 09:05:00 EST. Please see our terms for use of feeds.

Kindle dev kit now rolling out in limited beta originally appeared on Engadget on Sat, 06 Feb 2010 23:24:00 EST. Please see our terms for use of feeds.

The big project fails, the company begins to struggle and before you know it, the board of directors replaces the management team. Sound familiar? But crisis doesn't have to spell the end of the company itself.

Most companies and teams in turnaround situations focus on the obvious and important factors of balance sheet, cash flow and net income health. Teams also usually get to work quickly on market analysis that ultimately results in new product and business strategies. These actions are almost always necessary, just not always sufficient. Here are four often overlooked tactics that, if successfully employed, are critical to rapidly and successfully turning around a struggling enterprise:

1. Facilitate Closure - When a team has been through an extended period of hardship, it needs a sense of closure before it can start moving forward again, and closure is often best facilitated through a cathartic event that symbolizes the end of the perilous and painful journey. But while closure commonly necessitates letting a person or team go, don't rush to find a fall guy. Be very precise about identifying what was holding the company back it could just as easily have come in the form of an ineffective process or out-of-date strategy. Approach its removal the way you would a tumor: Excise carefully, and be wary of damaging any healthy surrounding tissue.

2. Set a Vision - According to intentional change theory, there are five steps to achieving sustained desired change. The first is to identify the ideal self, which for an organization is usually embodied in a collective vision consisting of its members' dreams (to be recognized as the best in the industry? world domination?), their desired future (market penetration? profitability?), and their strengths or values (high quality? extraordinary customer care?) Identify these in order to establish a shared vision that resonates with each team member on a deep, even emotional, level.

3. Find an Enemy - The easiest way to solidify an us is to identify a them. As Tajfel and Turner's social identity theory makes clear, people need to be part of a group, but in a company the result is often conflict between groups. The conflict that most often occurs in a crisis is affective and role-based and therefore often negative and value-destroying. There is no better way to rally the troops than to embody the fight with an external nemesis. Identify for your team an enemy outside the company and focus on beating or staying ahead of it, using everything from its press releases to its product launches to spur the team into action.

4. Tend the Garden - In our recently published book, The Art of Scalability, we talk at length about how leadership is like gardening. Leaders must hire or seed the team with the right people and mentor its members just as gardeners feed their plants. And when team members aren't working out, they need to be weeded out.

The time period between Microsoft's release of its XP desktop operating system and Vista marked the longest in the company's history between product launches. Jim Allchin, Microsoft's co-president, admitted in a Wall Street Journal interview to telling Bill Gates at one point that It's not going to work, describing the development as crashing to the ground due to haphazard methods of feature integration.

To recover from this, Microsoft enlisted the help of senior executive Amitabh Srivastava, who rooted out the process that was holding the project back. He then had a team of architects establish a development process that enforced high levels of code quality and reduced interdependencies. Once the new process was in place, the vision was set for what was ultimately a successful product launch, at least in terms of getting the product out the door and meeting the expected sales volumes.

There are entire books and domains of research dedicated to turning around failed projects and distressed teams. This list is in no way all-encompassing but if you are ever faced with the daunting task of turning around a team, these four tasks will be critical to its success.

The web is becoming more dynamic, context-aware and personalized by the day, and the amount of information consumed by each person is increasing exponentially. But while hardware performance is improving, except when it comes to the simplest of parallel programming tasks, software infrastructure is not keeping pace. We need to develop new data processing architectures ones that go beyond technologies like memcached, MapReduce, NoSQL, etc.

Think of this as a search problem. Traditionally, there was an index of every document in which every word occurred. When a query was received the search engine could just look up the precomputed answer to which documents had which word. For a personalized search, an exponentially larger index is needed that includes not only factual data (words in a document, brand of cameras, etc.) but also taste and preference data (people who like this camera tend to live in cities, be under 40, love Napoleon Dynamite, etc.).

Unfortunately, personalizing along 100 taste dimensions leads to nearly as many permutations of recommendation rankings as there are atoms in the universe! Obviously there isn't enough space to precompute what recommendations to show every possible type of person that queries a site. Additionally, precomputing the answer to queries is too slow. People expect real-time results, not hours- or days-old precomputed answers. If I tell Amazon I don't like a book, I want to immediately see that reflected in my recommendations.

We're at a turning point in how we need to build web sites to handle these sorts of personalization problems. While first-generation distributed systems split the application into three tiers web servers, application servers and databases second-generation systems build large non-real-time back-end clusters to analyze huge amounts of sales data, index billions of web documents etc.

A third generation of systems is now emerging, with the computation shifting from those back-end clusters into front-end real-time clusters. After all, you just can't build a back end that precomputes personalized results for millions of Internet users. You have to compute it in real time.

Adding complexity, many personalization problems are more difficult to parallelize than a lot of traditional back-end applications. Indexing the words in web pages is actually a lot easier to parallelize than are the long sequence of matrix calculations required to optimize a user's recommendations.

Matrix calculations tend to involve complicated data access patterns that mean it's hard to partition calculations and their data across a cluster of computers. Instead there tends to be a lot of sharing among many different computers, each of which holds a piece of the problem and updates the others as data changes. This back-and-forth data sharing is both incredibly hard to keep track of for the programmer, and can significantly degrade application performance.

The systems we've built at Hunch to solve this started off using distributed caching with memcached but very quickly veered into something more akin to distributed shared memory (DSM) systems, complete with multiple levels of caching, coherency protocols with application-specific consistency guarantees and data replication for performance. With an abundance of processing cores at our disposal, the real challenges tended to revolve around getting the right data to the right core.

I think that in a few years we'll look back at this time as an era in which a slew of new large-scale programming challenges and their solutions were born. Hopefully we'll also see more open-source solutions along the lines of memcached and Hadoop, so that building personalized and real-time web applications is easy for everyone.

Tom Pinckney is the co-founder & VP of engineering of Hunch.com.

Related GigaOM Pro content:

• What's Next for the Cloud? Distributed Architectures
• Infrastructure Winners and Losers of 2009

News hit this Monday that Powered has acquired three social media agencies: crayon, Drillteam and StepChange. I just had a skype video conversation with Aaron Strout and Joseph Jaffe to learn more, here's my take. You can read crayon founder Joseph's take and Aaron Strout the CMO of Powered and a quick mention in NYT.

A Solution Set of Services Bolsters a Marketing Platform
I've heard of crayon, and have many conversations and even podcasts with founder Joseph Jaffe, I've also spent time with the Powered executive team last year. Stepchange is a 13 person team out of Portland focused on Facebook Apps and mobile, and Drillteam, from NY, has been around for 10 years and focuses on experitntial and advocacy marketing, such as connecting events to online like street teams, guerrilla, and ambassador programs. Powered isn't just a community platform, I learned they have other marketing features that really intent to provide a suite of offerings.

Natural Evolution Of A Growing Market:

• Consolidation happens in downturned markets. As the recession starts to show signs of it lifting, now's a great time for companies to come together and create a greater value. We saw this type of acquisition behavior from agencies during the first boom, and we should expect similar patterns here.
• Acquisition provides key services software platforms can't fill. It makes sense for Powered platform to partner up with a service(s) teams that have already been successful for some time, this improves the time to market to deployment. In addition to coming with a book of business, they can quickly deploy the Powered platform, expanding the software footprint. Joseph Jaffe has strong thought leadership, an existing marketing brand, and reach needed to the group.
• Yet, brings risk for Powered and new partners. First of all, there are some big names coming together, the real stress will be can these cultures, and their strong willed leaders, be able to jive together. Secondly, it'll be interseting to see if Crayon and services teams forces stragies on their clients that involve the Powered platform. I asked if there are any layoffs coming from consolidation, they haven't made any plans, but when you have 4 companies coming together expect redundancy.

Impacts To Customers, Partners and Competitors:

• Social Agencies should rekindle and bolster relationships. This impacts other social agencies like Stage Two Consulting, Social Media Group, AdHoc, Ant's Eye View, ForumOne, Community Roundtable, Shift Communications, Dachis, FutureWorks, New Marketing Labs, who may be at medium and small tier, they should quickly partner up with other firms to increase their value.
• Customers of crayon, Drillteam, and Stepchange should request agnostic recommendations. Any client of these three agencies should make sure that the strategy they are being offered includes other vendors and platforms not just the Powered platform and Facebook platform. Remember, first find out where your customers are online before choosing the tools to use.
• This is competition for larger agencies yet savvy agencies will partner. This is a threat to large agencies like Organic, Razorfish, Ogilvy, and Edelman. Yet the smart agencies won't get defensive, they should partner with this team, and figure out what offerings they can offer that they don't have in their portfolio.

Congrats to the Powered, crayon, Drilldteam and Stepchange team for this merger, I'm excited to see the industry emerge from small disparate startups to a larger entity going forward.

The iPad And The World Of Tomorrow

For those who spent yesterday glued to the State of the Union address instead of tech news feeds, Gizmodo has a terrific summary of Apple's new device. To break it down: The iPad looks basically like an iPhone, but with a 9.7 inch screen. It runs the same software as the iPhone, can connect to the internet, and seems to work nicely for reading books, newspapers and magazines, watching video, checking Google maps, reading your email, surfing the web, and casual gaming. Like the iPhone, it has no keyboard - you can touch-type on the screen.

Why is this outsize version of the iPhone so important that the internet basically exploded over it yesterday? Mostly because Apple's last two new mobile devices - the iPod and the iPhone - changed the way people think about computers. They really did change the future, by making it glaringly obvious that computing devices are not all desktop PCs - they can be specialized music players, or telephone/internet toys that put the web in your pocket. They are the beautiful, cool poster gadgets for the mobile computer generation; they are what we imagine when we think of tomorrow's machines.

The Mythical Convergence Device

The iPad promises to be just as revolutionary as its predecessors, for one reason. It embodies, as much as possible, the mythical convergence device that technophiles have been craving for almost two decades. The convergence device, which people began to discuss seriously in the 1990s, would be a unified gadget where you could consume many kinds of media, especially TV and the web, with the same gadget.

This is exactly what the iPad does, helped along by the fact that so much television is available online already. And you can add books to this convergence, too (the iPad even has a Kindle app). The iPad is also the perfect shape for a convergence box. Its screen is about the size of a quality paperback or small television set. There's none of that scrunching your forehead as you peer into the teeny screen of the iPhone to read a book or watch YouTube.

What I'm saying is that the iPad appeals to a very deep and longlived fantasy in the consumer electronics world: A device that does it all. At least, if all you want to do is consume media.

And there's the problem.

Reinventing The Television

Apple is marketing the iPad as a computer, when really it's nothing more than a media-consumption device - a convergence television, if you will. Think of it this way: One of the fundamental attributes of computers is that they are interactive and reconfigurable. You can change the way a computer behaves at a very deep level. Interactivity on the iPad consists of touching icons on the screen to change which application you're using. Hardly more interactive than changing channels on a TV. Sure, you can compose a short email or text message; you can use the Brushes app to draw a sketch. But those activities are not the same thing as programming the device to do something new. Unlike a computer, the iPad is simply not reconfigurable.

The iPad emulates television in another way, too: You can channel surf through the Apps Store, but you can't change what's playing. Every single app that's available for the iPad has to be approved by Apple first, just like apps for iPhones. That means censorship of "offensive" apps, no apps that compete with Apple (i.e., no Google Voice), and no random app you wrote to do whatever obscure shit you want to do. So you've got thousands of channels and nothing on. And because you can't reconfigure the iPad, you can't change that. You can only keep flipping through the channels, hoping in vain to see something other than reruns of Cheaters and Alf.

As futurist Jamais Cascio told io9:

This is Apple's big push of its top-down control over applications into the general-purpose computing world. The only applications that will work with the iPad are those approved by Apple, under very opaque conditions. On a phone, that's borderline acceptable, but it's not for something that is positioned to overlap with regular computers.

The iPad has all the problems of television, with none of the benefits of computers.

Back To The Shopping Mall

So if it's not a computer, what exactly is the iPad? It could be just a really tarted-up ebook reader, which would make sense if you consider that the iPad is competing with Amazon's Kindle. So it's a reinvention of the book, a fairly old technology, but in a gleaming new package. Except that package isn't even very new, as futurist and science fiction author Karl Schroeder pointed out. He told io9 that the iPad isn't about brilliant hardware innovation, and that in fact the device doesn't even use state-of-the-art ebook tech like e-ink.

Speaking to us via email, Schroeder said:

What Apple has done (again) is seize the moment with a combination of a device and a business model . . . even if e-ink provides a better reading experience for books (reading on an iPad will continue to literally mean staring into a lamp, just like reading on a computer screen), it doesn't matter because it's the total package of iTunes, iBookstore, 3G, games, apps etc. that will pull ebook readers along with it. Consider that the iPad is a closed platform that doesn't even multitask; if the technology mattered, those would be major considerations for the buyer. But they won't be, because when you buy an iPad, you buy access to the whole Apple business ecology.

Looked at from this angle, the iPad isn't so much new technology as it is a shiny, pretty doorway to a mall where you can buy everything from books to movies.

The iPad hasn't brought us forward into the future. It's taken us backward to a world of strip malls and televisions.

Another Vision Of The Future

So the iPad takes us back to the 1980s, or maybe even the 1950s. It's likely to be a device that changes our future, but what that means is we're facing a tomorrow where true innovation is sidelined by a device that represents a convergence of old media and shopping.

But as John Connor would say, we can change the future. That might be as simple as pushing Apple to change its App Store policies to make iPads less like TVs and more like computers. As Lifehacker's Adam Pash put it, "The App Store isn't exactly the problem-it's the way Apple runs and limits the App Store." He suggests that Apple could create a special "Restricted section" for its App Store. He continues:

Rather than reject applications that it feels may confuse the user (like they claimed Google Voice or Google Latitude might), or applications that allow users to access naughty pictures, or even applications that it hasn't had time to vet for the App Store proper, [Apple] put those applications in the Restricted section. Before a user is able to install applications from the Restricted section, that user has to agree that the application may confuse their feeble minds, offend their delicate sensibilities, or even slow down their device. Is this such a problem? . . . Even better, [the iPad] could work like the package manager it actually is and allow users to add their own trusted repositories as sources for other applications . . . The point is, users should at least be allowed to flip some switch, somewhere on the machine, that says, "Hey computer, I'm an adult, and I take responsibility over how I use this machine."

A convergence device that can also be reprogrammed the way computers can? Now we're in the twenty-first century.

Another possibility would be for developers and investors to focus on hardware that truly is innovative and futuristic. Schroeder says:

There's really nothing in the iPad that's new; if you want truly new, disruptive tech that would be at a similar price point if commercialized, look at Pranav Mistry's SixthSense and related projects.

SixthSense is a gesture-controlled mobile device with a projector - you can see its telephone app at work above. You project the phone onto your hand and press the buttons. You can also use gestures to take pictures. This is truly the next step in mobile computing, and will likely revolutionize computer networks in ways we can't yet imagine.

What Is To Be Done?

I know a lot of otherwise-savvy consumers and hackers who are already drooling over the iPad and putting in their orders. They hate the idea of a restricted device, but they love the shiny-shiny. I'm not saying that they should deprive themselves of this pretty new toy. What I am saying is that this toy represents a crappy, pathetic future. It is no more revolutionary than those expensive, hot boots I bought at Fluevog, and only slightly more useful.

The only way iPads can truly become futuristic devices is if we hack them so that we can pour whatever operating system we want inside. We need to jailbreak these media boxes so we can install the apps we want, not the ones provided by the Apple shopping mall.

Do not be content with a television when you can have a computer.

Do not be content with yesterday's machines, because the future is before you. Ready to be hacked.

The iPad is not the transformational device so many Apple enthusiasts were hoping for. It won't turn all the content industries upside down, it won't be your primary computing device, and it's not even a bigger, better iPhone.

Apple CEO Steve Jobs introduced the iPad as a device to fill the gap between smartphones like the iPhone and high-end laptops like the MacBook and MacBook Pro. He said there needs to be a middle device, but it needs to be better than the alternatives at what it does. Netbooks currently fill the void, but according to Jobs, netbooks aren't better at anything. He and his colleagues at Apple believe that the iPad is.

Apple's website and promotional video call the iPad magical. We're told the iPad is the best way to experience the web, email, photos, and videos. Hands down. But it's not it's not even close. It's mighty cool, it's super convenient, and it's very sexy, but it's not even better than a netbook at some of those things.

This isn't the middle device folks have been waiting for because and I'm using Steve Jobs's own criteria here it's not better at anything than any other device on the market. It's a step in that direction, but the day hasn't come yet. Here are just a few of the ways the iPad isn't as magical as Apple claims.

It's Not the Best Way to Browse the Web

Steve Jobs said it needs to be a better web device than the alternatives. The Apple website says it's the best way to experience the web. Some variation of that phrase is repeated several times in the promotional video Apple has released. But it's just not true.

It might be one of the best ways to browse the web on a mobile device, but laptop and desktop computers even netbooks are still better. Most current websites were designed to be experienced on those devices with a mouse and a keyboard. Maybe the mouse isn't necessary, but you don't have to pop up a software keyboard to type in URLs on a netbook or laptop. Even if you lug around the keyboard dock, it will be a tad awkward moving between the keys and the screen to interact. You're sacrificing some usability for simplicity on the iPad.

Most importantly, the iPad's browser does not support Adobe Flash, the foundation of rich media on the web today. Adobe is planning to make it possible for Flash developers to develop apps, but it won't work on the web.

I'll admit that the decision not to support Flash is a logical one if you start at the right premises; Flash is responsible for countless reported crashes on Macs, and Apple can't control it to ensure quality of experience. Apple is banking on a transition to HTML5 and CSS 3 for rich web content. While that transition has already begun, it hasn't fully happened yet. Until it does, it's ridiculous to call this device the best way to experience the web when one of the most ubiquitous and essential web technologies is not supported.

It's an Unprecedented Win for Closed Computing

Many of the software restrictions that drive people mad when they're using the iPhone are going to be just as frustrating on the iPad. All the device's content apps, songs, TV shows, movies, books, you name it can only be processed through Apple's iTunes Store.

You won't be able to drag and drop or share files with other computers like you can with your laptop on your home network. You won't be able to download a program or music file from the web and play it on the spot. You won't be able to use any application that doesn't meet Apple's strict approval guidelines. It's closed computing at its most extreme.

Unfortunately we've come to expect that from our smartphones. For a larger device that's supposed to replace your netbook as a complete portable computing solution, though, this is almost unprecedented at least from a device that's likely to have a great deal of influence on the market and on the design of future devices. That's bad news no matter how you spin it.

It's Not Really a Competitive eReader

The Kindle owns the eReader landscape right now, and the greatest expectation for the iPad was that it would bury the Kindle. While the iPad's reader interface is indisputably sweet-looking and the list of participating publishers is promising, there are several ways it just won't beat the Kindle.

The most important issue is the price. The Kindle costs $260; so do Barnes & Noble's Nook and the comparable Sony Reader. The Kindle even comes bundled with free 3G network access, though it admittedly can't do anywhere near as much with it as the iPad can.

But if you are considering the iPad primarily as a reader, that price difference is a big problem. Also a big problem: The lack of an e-ink display. E-ink doesn't wash your face in eye-strain-inducing light like the displays on the iPhone, the iPad, and laptop computers do. It's meant to be a soft experience, just like reading a book. Without e-ink, you might not be able to tolerate spending four straight hours reading Stephen King's latest on a regular display, cool IPS tech aside.

Finally, as impressive as 10 hours of battery life is for a multi-purpose device like the iPad, the Kindle can run in reading mode for a week without recharging longer if Wi-Fi is disabled. Because it's trying to do everything, the iPad isn't the best at anything.

It's Not Worth It If You Have a Smartphone and Laptop

If the iPad isn't a good option as a middle device, it ought to at least be attractive to power users and enthusiasts who already have other devices. Unfortunately, it's not.

It's not significantly better at anything than either your iPhone or your MacBook. It can't be used as your daily workhorse computer on the go, because just like the iPhone's OS 3.1.2 the iPad's OS 3.2 doesn't multitask. And if you already have an iPhone, you can do basic information gathering, mapping, and so on while you're on the go without spending an additional $29.99 per month for 3G service.

Further, your laptop or netbook very likely has a web cam for video conferencing, and your cell phone probably has a camera (or even video camera) for capturing images. The iPad has neither.

Since the interface is graceful and satisfying, you might want to buy it as an extra device just for the experience, but at between $499 $829, that's not practical for most consumers.

The Anti-Hype

The iPad isn't going to be a phenomenon with either netbook users or power users. It's not better than existing devices at anything, and it's too expensive for most people to use it as a secondary device. I might have said something different if the rumors that the iPad would be all about a new push in the content marketplace were true, but that didn't happen. Instead, we got a cool toy.

Tags: apple, Apple Tablet, ereader, ipad, Kindle, Opinion

Having just experienced a seriously nerd hyped event in the last week that let me down, I'm sure hoping that Apple can live up to the hype.

If they can pull off a Twitter type coup they are set.

When Twitter launched even the nerds were saying things, I don't get it and What's the point of these short messages? And now, Twitter rules the communication buzz and has taken in over $100m in funding.

Apple doesn't need the funding but as a computer company that has become an electronics company with a few key products, this new tablet and its success are paramount for the growth of the company over the next 5 years. Even with their billions in the bank, the iPod and iPhone are getting tired.

The success of the tablet depends heavily on the user experience that can be created for it. The most important elements that create that experience will first be the form factor. Judging on Apple's reputation for impeccable industrial design, I would suspect they have nailed this one.

Next in that line of elements is speed. It needs to boot instant on with the ability to be used immediately. That goes for any software that is on the device, even if it is web connected. There shouldn't be any lag time in getting up an running. It's the real-time web and this needs to be the real-time tablet.

Lots of news on this today and we'll follow it diligently for you and throw in our two cents.

If you're looking for updates throughout the day check out @tabletville on Twitter.

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Apple Device Needs to be the Real-Time Tablet is a post from: TechStartups.com

At the end of a failed 15-year experiment in giving away its product, the press (newspapers and magazines) has begun to renounce free. It's slow in starting, because of the inertia of this decade and a half, but the New York Times announced recently that it would begin charging for its Website, and others are sure to follow.... But payment for Websites alone won't be enough to change newspapers' and magazines' bottom lines from red to black. Apple's tablet, however, will.

It's time for free to end. Newspapers and magazines made the mistake, in the early days of the Web, of giving away their content for free, in exchange for revenue from Web advertising.

In the past few years, tens of thousands of jobs have been lost, and newspapers and magazines are cutting back and folding all across the U.S.... Yet we need the press: the fourth estate is a necessary check for our government and business. As long as free thrives, the press can't do its job correctly. Free may be good for freeloaders, but it's bad for society. Those who want things to be free forget that there are still people doing the work they get for nothing, and those people need to be paid. As the old saw goes, there ain't no such thing as a free lunch.

What news agencies can't do is the added-value reporting, the analysis, opinion and in-depth reporting that we want to read to better understand, and that we need for society to thrive. It may be a coincidence, but in recent years, investigative journalism was severely lacking at a time when it was needed the most. Only when people pay for news can we have quality reporting.

To those who protest that "no one will pay for a newspaper on the Web", consider some very successful experiments in paid online content. The Wall Street Journal charges around $100 a year for full access to its Website, and plenty of businesspeople pay for this. This is because the Journal provides the kind of news that is not plentiful; people pay for the quality of the business news and analysis that they can't find elsewhere, as well as its timeliness.

I'm betting that Apple will get it right, as far as features, interface and usability are concerned. It will also be an excellent tool for reading the news. Newspapers and magazines will be able to package their content in multimedia bundles (either as apps or something similar to the iTunes LP) that will be designed for reading on a portable screen; this won't simply be web pages viewed on a smaller screen.

The key to hardware being successful is the software that supports it. One of the main advantages to Apple's tablet, as far as the press is concerned, is the iTunes Store. Since Apple already has this platform to sell and deliver that content, even on a subscription basis, readers will be able to easily buy their favorite newspapers and magazines and get them delivered instantly. They'll be cheaper than the print versions, and they'll be a lot greener too. And the iTunes Store will be able to provide a better selection than readers can find by going to individual Websites. Whether by subscription or by single issue, it'll be extremely simple to buy newspapers and magazines to read on the Apple tablet.

9to5Mac claims that they've spoken with a few print publishers about the upcoming Apple Tablet iPad reinforcing what most of us already know but with a few extra details. These conversations yielded specs like a 10-inch glass screen slightly smaller than a Kindle DX but similar in weight.

They also indicated that Apple is describing the device to publishers by comparing the shift from Kindle to the Tablet as going from black and white TV to color TV.

Finally, they've said that there won't be much content until mid-2010 at the very earliest.

Not so fast, cowboy. What else to do know about this device? Well, how about the fact that it runs a version of the iPhone OS and that most iPhone apps will run on it without many, if any, changes.

If that's true, then the iPad will have tons of ebooksthanks to the Kindle app for iPhone. With the application loaded on your Apple gadget, you'll have access to any and all content sold sold through the Kindle store and any unprotected (.mobi) files, as well. That means indie ebooks and other content.

Repeat after me, one more time: Amazon doesn't care if it's in the hardware business. It wants to sell electronic books, whether they produce the device or not.

[9to5Mac]

Disclosure of Material Connection: http://dsclzr.us/0

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Wait Until Mid-Year for eBooks on The Apple Tablet? Think Different. is a post from: TechStartups.com

• Aldiko: outstanding e-book reader (better than Kindle on the iPhone in terms of feature set; obviously the book store is not quite as good, but the integration with free eBook download sites is a plus). Currently reading Makers by Cory Doctorow.
• Amazon: search the full Amazon catalog (can use barcodes or photos in addition to typing or speaking your query), track orders in my account.
• APNDroid: useful if you want to disable your phone's cellular data connection (useful if you're often on WiFi and want to turn off your EDGE or 3G data connection)
• AppReferer: builds a QR code (a 2D barcode) that makes recommending an app to another Android user in person a one-click affair.
• Battery Graph: shows a nice chart (exportable, even) of battery usage, which is helpful if you're trying to isolate when the battery started to drain.
• Coin Flip: silly app that lets me flip a coin. Use it mostly to settle disputes between the kids. :)
• Congress: built by Sunlight Labs, a phenomenal "pocket Congressional directory" that includes contact info, committee memberships, news, and YouTube vids of every Senator and Representative.
• DroidLive Lite: Streaming radio (via Shoutcast) from 1300 radio stations around the world.
• Facebook: news feed, photos and profile info for friends
• Fandango: Order movie tickets from movie theaters so I can bypass lines at the ticket counter.
• Finance: Google Finance app
• Flashlight: turns screen bright white to use in dark rooms
• Foursquare: app for playing Foursquare, also has a nice widget for my home screen
• Gmote: turns my Nexus One into a touchpad remote (when paired with a computer running the Gmote server software). Handy for giving presentations, or just doing something nerdy and cool.
• Google Goggles: search Google by taking pictures.
• Google Sky Map: the one app that consistently blows people away. Load it up, turn your camera toward the night sky and you'll get a real-time view of which stars, constellations and planets are above you. An awesome accompaniment to a telescope.
• Jewels: Bejeweled-like game.
• Layar: Augmented reality app that displays info on screen in realtime through your phone's camera.
• Locale: very sophisticated app for scripting events to happen based on certain triggers. (When I'm at home, disable the data connection and connect to my home wifi access point. At 11pm, turn off the sound and put the phone to sleep; at 6am turn the sound back up; when I'm at work, put the phone in vibrate mode; etc.)
• Metal detector: actually works.
• Movies (aka Flixster): Lots of info/trailers/reviews about new and upcoming movies, also integrates with Netflix for DVDs
• My Tracks: built by some Googlers, great app for keeping track of runs/bikes/ski runs you've done; captures altitude, distance, etc., then uploads to Google Maps My Maps.
• OpenTable: make restaurant reservations from the phone.
• Owner: adds my contact info to the unlock screen ("If found, please contact Rick Klau...")
• Pandora: streaming music channels.
• PapiJump: great little game using the phone's accelerometer.
• Pintail: monitors your phone's SMS messages for a message that says "locate" (plus a PIN); once received, activates the GPS and replies with the phone's location. Helpful if you've got a lost phone.
• Robo Defense: addicitve game.
• Scoreboard: Tracks scores of your favorite teams, with realtime updates and notifications as score changes.
• Seesmic: Great Twitter app.
• Shop Savvy: grab a barcode, find out who sells it and for how much.
• TiVo Remote: works with any TiVo HD unit over WiFi.
• TripIt: phenomenal itinerary manager for all travel info.
• Voice Recorder: does exactly what it says it does.
• Yelp: Local reviews.

Nokia N900 gets first software update, but don't expect much originally appeared on Engadget on Mon, 11 Jan 2010 15:26:00 EST. Please see our terms for use of feeds.

Intel wanted to knock the socks of CES attendees this year with its booth and found a great way to succeed.

They created Infoscape, a massive 7 1/2 foot square double HD (4k) partial cube with custom software to pull XML feeds in real-time and display them as a series of hundreds to thousands of rotating cubes.

They didn't stop there, however. They swung for the fences by adding interactivity with the two walls by integrating touch. Anyone could come up to the wall and touch the cubes to trigger the selection of that cube's content.

The best way to describe it would be that it was like clicking a photo online and having it popup in a lightbox with a transparent background, but with many open at once.

It turns out that this was only a display element for the booth and not a real product. The intention was highlight the i7 processor. This chip has over 600 million transistors on it and is the size of a dime. One single chip powered both screens.

3D wishes it had the juice that this wall did. If this wall were the future of television I'd feel a whole lot better about what Samsung, Panasonic and Sony were shilling.

This thing just goes to show that sometimes the best products are accidents. Look for Intel to find other uses for Infoscape this year.

Related articles by Zemanta

• CES video: Intel's amazing Infoscape touch wall o' feeds (seattletimes.nwsource.com)
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• Asus Core i7 Laptop Claims 12-Hour Battery Life [Laptops] (gizmodo.com)

Intel Touch Wall Infoscape #CES is a post from: TechStartups.com

I will do a more comprehensive year in review for Cyberlaw generally, but I thought it would be fun to take a close look at how 47 USC 230 fared in 2009. This is the first full calendar year following the Ninth Circuit's en banc Roommates.com opinion, and many of us initially feared that the case would create a huge hole in 230's otherwise solid immunity. As it turns out, those concerns have not come to pass. If anything, 2009 shows us just how strong the immunity remains.

I blogged on a total of 22 cases issued in 2009 that discussed the statute. (I blog on every case I see that substantively discusses 47 USC 230). I blogged on other cases in 2009 that were decided before 2009, such as the Woodhull v. Meinel case from October 2008 and DC v. Harvard-Westlake, a 2007 arbitrator's dismissal that came to light in 2009.

Of the 22 calendar year 2009 cases, I would classify 14 of them (63%) as easy defense wins, frequently on a 12(b)(6) motion to dismiss or state law equivalent. Even many of the remaining 8 cases contained good news for defendants. For example, in Shiamili, the defense inexplicably lost at the district court level but got an easy reversal on appeal. The Stayart court granted Yahoo an easy defense win, although co-defendant Various didn't get the 230 ruling. Similarly, the Barnes case granted the defense an easy 230 win on one theory (negligent undertaking) but denied 230 for a different one (promissory estoppel). The Certain Approval Process case said 230 did not prevent the plaintiff from amending the complaint to add a cause of action, but once added, the court instantly zapped the claim on other grounds.

This leaves four unambiguous 230 defense losses in 2009. The leading 230 defense loss was the Tenth Circuit FTC v. Accusearch case, which held a retailer liable for reselling illicit phone records. The other major 230 defense loss was the NPS v. StubHub case, which held that 230 may not apply to a lawsuit over the alleged illegal ticket scalping by StubHub's sellers. Both of these cases involve the retailing of illegal items, suggesting that 230's boundaries may not reach that far.

The other two defense losses are less consequential. The Project Playlist held that 230 does not preempt state IP law claims, a conclusion that deserves note only because the Ninth Circuit held otherwise in the 2007 ccBill case. I believe that no other courts will follow the Ninth Circuit's rule that 230 preempts state IP laws, making the Project Playlist ruling unsurprising.

In People v. Gourlay, a web host was denied a 230 defense to a criminal prosecution for child molestation- and child pornography-related claims. This case turns mostly on the web host's active role creating the child pornography (as well as the host's molestation of the child actor); with that context, this case may have little influence on other cases. Indeed, the court made clear that web hosts providing standard web hosting services could fully qualify for 230 protection against a state criminal prosecution of child pornography dissemination.

In reverse chronological order, a brief overview of the 230 cases from 2009:

Nemet Chevrolet v. ConsumerAffairs.com (4th Cir. Dec. 29, 2009). One of three federal appellate court 230(c)(1) rulings in 2009 (Barnes and Accusearch are the others). A solid defense win for a consumer review website. The plaintiff's claims that the website contributed to the reviews' development and fabricated reviews were tossed on a 12(b)(6) motion to dismiss.

Shiamili v. Real Estate Group (N.Y. App. Div. Dec. 17, 2009). In an unpublicized January 2009 decision, the trial court denied a website's 230 dismissal request for claims based on user-supplied comments. In December, this error was fixed on appeal despite allegations that the website chooses and administers the user content.

Dart v. Craigslist (N.D. Ill. Oct. 20, 2009). Craigslist got a big win in its ongoing battles with various government agencies over prostitution ads on Craigslist when the court held it wasn't liable for those ads.

Riggs v. MySpace (C.D. Cal. Sept. 17, 2009). A goofy case. The court holds that MySpace's deletion of Riggs' account was protected by 230(c)(1) on the apparent theory that Riggs (the plaintiff) was the third party supplier of the deleted content. This case would make more sense as a 230(c)(2) case.

Finkel v. Facebook (N.Y. Sup. Ct. Sept. 15, 2009). Facebook wasn't liable for the contents of a user's private group even though Facebook placed a copyright notice on the page.

Intellect Art v. Milewski (N.Y. Sup. Ct. Sept. 15, 2009). Ripoff Report wins again.

Stayart v. Yahoo (E.D. Wis. Aug. 28, 2009). An convoluted, and possibly confused, ruling that Yahoo wasn't liable for search results snippets. However, Various was denied 230 because it may have originated the content in question.

Cornelius v. DeLuca (E.D. Mo. Aug. 18, 2009). An online retailer wasn't liable for user-supplied comments despite a conspiracy allegation.

Goddard v. Google (N.D. Cal. July 30, 2009). This is a follow-on ruling to an important December 2008 ruling in this case, which dismissed the plaintiff's complaints but gave the plaintiffs another chance. The December 2008 ruling is one of the most interesting and important decisions interpreting Roommates.com. In the July ruling, the judge again found that 230 insulates Google from liability due to allegedly fraudulent ads run through its network and granted a final dismissal.

Doe II v. MySpace (Cal. App. Ct. June 30, 2009). MySpace isn't liable for users' sexual assaults on other users.

FTC v. Accusearch (10th Cir. June 29, 2009). The second of three federal appellate court rulings on 230(c)(1). The defendant was an online retailer of illegal phone records. The retailer claimed that the phone records came from third party suppliers and therefore 230 immunized the retailer from liability associated with the records. The court echoed the Ninth Circuit's Roommates.com decision, effectively extending that case to the Tenth Circuit, and said that the retailer was responsible for selling the illicit phone records despite 230.

Zango v. Kaspersky (9th Cir. June 25, 2009). This is the only 2009 ruling addressing 47 USC 230(c)(2), the overshadowed and frequently overlooked sibling of 230(c)(1). Despite the rarity of 230(c)(2) cases, this case could be fairly influential. The Ninth Circuit held that 230(c)(2) protected an anti-spyware software vendor's decision to classify software as a threat. If you missed it, you might want to take a look at my presentation slides on 230(c)(2), which distill my deep look at 230(c)(2) this summer.

Gibson v. Craigslist (S.D.N.Y. June 15, 2009). Craigslist isn't liable for physical injury caused by a gun purchased via a Craigslist ad.

Doe IX v. MySpace (E.D. Tex. May 22, 2009). MySpace isn't liable for users' sexual assaults on other users.

Barnes v. Yahoo (9th Cir. May 7, 2009; amended opinion June 22, 2009). The third of three federal appellate court opinions on 230(c)(1). The Ninth Circuit held that 230 preempted a claim against a service provider for negligently delaying the removal of user content (essentially, Zeran redux), but 230 did not preempt a promissory estoppel claim based on promises the service provider made to the person requesting takedown. The initial Ninth Circuit opinion had two other unfortunate digressions: (1) it said that 230 was an affirmative defense that did not support a 12(b)(6) motion to dismiss, and (2) the opinion had ambiguous language implying that 230 preempted only state claims, not federal claims. The amended opinion helpfully eliminated both digressions.

Atlantic Records v. Project Playlist (S.D.N.Y. March 25, 2009). 230 does not preempt a state IP claimin this case, a violation of state copyright law for pre-1972 sound recordings.

Joyner v. Lazzareschi (Cal. App. Ct. March 18, 2009). A message board operator wasn't liable for user posts.

Raggi v. Las Vegas Police (D. Nev. March 10, 2009). A union wasn't liable for messages that union members posted on the union-operated message board.

Certain Approval Programs v. Xcentric Ventures (D. Ariz. March 9, 2009). 230 did not bar amending a complaint to add a new cause of action when the plaintiff also adequately alleged that the Ripoff Report contributed to the creation and development of the content at issue.

People v. Gourlay (Mich. App. Ct. March 3, 2009). This case involves the prosecution of a pornographic web host who also molested the child actor. The web host asserted a 230 defense in trying to overturn the conviction for the charges related to pornography dissemination. Although 230 can preempt state criminal prosecutions, and web hosts are protected by 230 for their ordinary web hosting activities, this web host actively participated in the site's development and therefore lost 230's protection.

NPS v. StubHub (Mass. Super. Ct. Jan. 26, 2009). In a long-running battle between the New England Patriots and season ticketholders who want to resell their tickets via StubHub, StubHub was denied summary judgment on 230 grounds. The court cites Roommates.com in saying that StubHub may have contributed to illegal ticket scalping sufficient to potentially disqualify it for 230 protection.

GW Equity v. Xcentric Ventures (N.D. Tex. Jan. 9, 2009). Ripoff Report is protected by 230 even though it offers pull-down menus and manipulates user-submitted reports.