WiLan Loses In Court

Wi-Lan has suffered defeat in its patents trial against Alcatel Lucent, Ericsson, HTC and Sony, as a Texas court decided that the firms did not infringe its patents.

Wi-Lan filed a lawsuit against Alcatel Lucent, Ericsson, HTC and Sony in 2010 claiming the firms infringed patents that relate to data transmission over wireless networks. However a Texas court ruled that the four firms did not infringe Wi-Lan’s patents and found one patent Wi-Lan asserted against HTC and two it asserted against Alcatel Lucent invalid.

Wi-Lan had asserted that Alcatel Lucent and Ericsson infringed three patents, none of which claims were upheld by the court. The firm also asserted that HTC and Sony infringed another patent, and there the court not only judged against infringement but invalidated the patent.

Alcatel Lucent and HTC both said that Wi-Lan was trying to stretch its patents to cover technology in their devices.

Sally Julien, a spokeswoman for HTC said, “HTC believes that Wi-Lan has exaggerated the scope of its patent in order to extract unwarranted licensing royalties from entities who have been focused on bringing innovation forward in their own products.”

Kurt Steinert, an Alcatel Lucent spokesman said, “We think this validates our belief that Wi-Lan was stretching the boundaries of its patents, and the jury confirmed that belief.”

Wi-Lan has managed to get several companies to license its technology including Dell and Panasonic, and in May it initiated legal proceedings against Blackberry over a patent relating to Long Term Evolution network technology. However in this case the firm did not prevail against two large telecom equipment companies and two big smartphone makers.

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Tech Hiring Up This Year

Hiring of technology professionals has been increasing since the first half of this year, with new IT hires accounting for about 10% of all the job growth in the U.S. in June, according to two independent assessments.

Total tech employment reached 4.47 million in June, an increase of 22,600 jobs from the prior month, or a .51% gain, according to TechServe Alliance, an IT services industry group which tracks employment data month-to-month. The total excludes tech manufacturing employment.

Similarly, Foote Partners, which researches IT employment trends, reported a gain of 18,200 new tech jobs last month.

These gains are coming at the same time that some tech employers are cutting jobs.

IBM has cut more than 3,000 workers over the past few weeks, struggling Hewlett-Packard is still eliminating jobs, and Symantec is seeing layoffs as well.

The U.S. economy added 195,000 jobs overall in June, according to the Labor Dept.

Foote said that IT employment in the first half of this year is averaging 13,500 new jobs per month.

“While the pace of job creation in the national labor force appears stuck at 7.6% unemployment and new jobs are heavily in part-time positions and low wage full-time segments, IT jobs have been on a sustained growth upswing and wages are holding steady if not growing slightly,” said David Foote, chief analyst, in a statement.

Reports on IT employment figures from analyst can differ widely depending on what U.S. labor department categories are use in the calculations.

Another firm that analyzes the labor market, Janco Associates, reported a gain of 9,900 jobs in June based on the categories it tracks.

Despite the increase in hiring, IT salaries remain flat, said Janco.

“Based on our interviews with over 96 CIOs in the last 30 days, we concluded that CIOs are not in a great hurry to hire new staff except to meet short term needs until they see a clear trend as to what is happening with the economy,” said Janco CEO Victor Janulaitis in a statement.

Janulaitis said that “67% of the CIOs we interviewed do not see any real push to expand staffing over the next 12 months.”

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Anonymous Goes After North Korea

Anonymous has restarted its attack against North Korea and once again is using a North Korean Twitter account to announce website scalps.

The Twitter account @uriminzok was the scene of announcements about the hacked websites during the last stage of Op North Korea, and reports have tipped up there again.

The first wave of attacks saw a stream of websites defaced or altered with messages or images that were very much not in favour of the latest North Korean hereditary leader, Kim Jong-un.

They were supported by a Pastebin message signed by Anonymous that called for some calming of relations between North Korea and the US, and warned of cyber attacks in retaliation.

“Citizens of North Korea, South Korea, USA, and the world. Don’t allow your governments to separate you. We are all one. We are the people. Our enemies are the dictators and regimes, our goals are freedom and peace and democracy,” read the statement. “United as one, divided by zero, we can never be defeated!”

Before the attacks restarted, the last Twitter message promised that more was to come. It said, “OpNorthKorea is still to come. Another round of attack on N.Korea will begin soon.” Anonymous began delivering on that threat in the early hours this morning.

More of North Korean websites are in our hand. They will be brought down.

— uriminzokkiri (@uriminzok) April 15, 2013

We’ve counted nine websites downed, defacements and hacks, and judging by the stream of confirmations they happened over a two hour period. No new statement has been released other than the above.

jajusasang.com twitter.com/uriminzok/stat…

— uriminzokkiri (@uriminzok) April 15, 2013

Downed websites include the glorious uriminzokkiri.com, a North Korean news destination. However, when we tried it we had intermittent access.

Last time around the Anonymous hackers had taken control of North Korea’s Flickr account. This week we found the message, “This member is no longer active on Flickr.”

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Is Verizon Interested In Clearwire?

Verizon Wireless reportedly has offered $1 billion to $1.5 billion to acquire some of Clearwire’s spectrum leases, possibly complicating Sprint Nextel’s attempt to buy out the company in conjunction with its acquisition by Softbank.

Clearwire is struggling financially but owns broad swaths of spectrum, the lifeblood of wireless networks. The April 8 bid from “Party J,” which Clearwire disclosed in a Securities and Exchange Commission filing on Friday, is the latest in a series of offers for its spectrum licenses. Unnamed people familiar with the matter identified “Party J” as Verizon Wireless, according to a report in The Wall Street Journal.

Clearwire is a key part of a complicated set of possible transactions that could make a much stronger competitor out of Sprint, the country’s third-largest mobile operator. Sprint already owns roughly half of Clearwire and is bidding about $2.2 billion to buy the rest of its stock. That deal depends on Softbank’s planned $20.1 billion offer for 70% of Sprint, which is still undergoing regulatory review.

Clearwire holds 150MHz of spectrum or more in most major markets of the U.S. Verizon would buy only a portion of that spectrum. “Party J offered to acquire Clearwire spectrum leases generally located in large markets,” Clearwire said in the Friday filing, a proxy statement to shareholders on the Sprint buyout bid. The proposed gross price of $1 billion to $1.5 billion would be reduced by what Clearwire pays for the leases, which could be substantial, according to Clearwire’s filing. The company said it would discuss the offer with “Party J” and Sprint.

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Google Fights NSL Over Data Privacy

Google is fighting a National Security Letter (NSL) issued by the US government, with the Electronic Frontier Foundation (EFF) acknowledging it is one of the first firms to do so.

Google took the unusual step last month of revealing, albeit in vague terms, the number of NSLs it received from the US government. At the time the company said it was working with the authorities to improve transparency around the subject, but according to court filings it is also fighting against handing over users’ data.

In March, Google filed a petition to set aside a legal process. Kevan Fornasero, a lawyer for Google said in the filing that petitions “filed under Section 3511 of Title 18 to set aside legal process issued under Section 2709 of Title 18 must be filed under seal because Section 2709 prohibits disclosure of the legal process”.

Fornasero’s reference to Section 2709 refers to the ability of the FBI to issue NSLs and force the handover of user data. According to the EFF, Google is one of the first communications companies to fight an NSL, but because Section 2709 doesn’t allow firms to disclose the legal process, few people can be certain that others haven’t tried to stand up to the US government.

Matt Zimmerman, a lawyer for the EFF said, “The people who are in the best position to challenge the practice are people like Google. So far no one has really stood up for their users’ among large Internet service providers.”

Google has tried in recent years to provide users with some information on how it deals with government agencies’ requests for user data. If the firm can succeed in its fight against NSLs then it could open the floodgates for others to stand up against a law that some see to be nothing more than a snooper’s charter.

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Court Sides With Aereo

Streaming television service Aereo does not infringe the copyrights of over-the-air TV stations, and a request from several stations to shutter the New York-based service isn’t warranted, an appeals court has ruled.

The U.S. District Court for the Southern District of New York was right to deny a request for a preliminary injunction from Fox, ABC, WNET and other TV stations, the U.S. Court of Appeals for the Second Circuit ruled Monday.

The TV stations had argued Aereo, a service that allows subscribers to record and play over-the-air TV programs on Internet-connected devices, violated their so-called public performance right, their exclusive right in U.S. copyright law to “to perform the copyrighted work publicly.”

But Judge Christopher Droney, writing for the appeals court majority, noted that Aereo makes use of technology already found by courts to be legal. The service combines Aereo-designed mini TV antennas, DVRs, and a Slingbox-like streaming service, he noted.

Aereo users, by making personal copies of TV programs for their own use, were not creating public performances, Droney added.

The TV stations “have not demonstrated that they are likely to prevail on the merits on this claim in their copyright infringement action,” Droney wrote in rejecting the request for an injunction against the service. “Nor have they demonstrated serious questions as to the merits and a balance of hardships that tips decidedly in their favor.”

Aereo praised the decision. The decision “again validates that Aereo’s technology falls squarely within the law, and that’s a great thing for consumers who want more choice and flexibility in how, when and where they can watch television,” Chet Kanojia, Aereo’s CEO and founder, said in a statement.

Lawyers for the TV stations weren’t immediately available for comment.

Digital rights group Public Knowledge cheered the ruling, saying it is a “victory for consumer choice and video innovation.”

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FTC Defends Google Decision

The FTC defended its decision to let Google carry on with its anti-trust-like antics, while other regulations in civilized nations are planning to put the boot in.

The US Federal Trade Commission reached a settlement with Google which really did little to stop the company using its dominance to push down search results from its competitors. The move attracted considerable criticism because it followed a letter from US senators to go easy on the search engine because it was good for US jobs.  We guess they mean the jobs of US senators who Google paid campaign contributions.

Google promised to change the ways it presents some search results and runs search advertising, but was exonerated of the results bias claims. Rivals including Yelp and Microsoft claimed that Google had favored its own product results over those of its competitors and called for the anti-trust case. What makes the case look more suspect is that the EU is less frightened of actually fining Google or forcing it to behave. Indeed indications from Brussels are that it has not only agreed with the rival’s complaints but will do something about it if Google does not pull finger.

But FTC chairman Jon Leibowitz told Talking Points Memo that the agency’s decision was legally sound and would be beneficial to competition and consumers. Under facts we found, all five of us, from liberal Democrat to conservative Republican, agreed that the evidence militated against an anti-trust case,” Leibowitz told TPM.

The fact that we managed to have both Google and Google’s rivals unhappy, in an odd way that’s maybe unique to Washington, that puts us in the right place substantively, he claimed. When asked if Google’s $25 million lobbying budget for the duration FTC’s investigation helped, he said that lobbying makes the companies feel good and lobbyists feel good.

“At the end of the day, whether you want to say lobbying had any influence, or cancelled itself out because there was lobbying on both sides, if you’re going to do what lobbyists want you to do in a regulatory agency, you’re not doing your job.”

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Will Foxcomm Invade The US?

Foxconn Technology Group is weighing whether or not to expand its existing manufacturing operations in the U.S., in a move that could be linked with Apple’s plan to bring back Mac manufacturing to the country.

Foxconn made the statement last Friday after Apple CEO Tim Cook said in interviews with NBC and Businessweek that Apple would manufacture one of its Mac lines in the U.S. by the end of next year.

“So we’ll literally invest over $100 million,” Cook said. “This doesn’t mean that Apple will do it ourselves, but we’ll be working with people, and we’ll be investing our money.”

Analysts said Foxconn could be involved. The Taiwan-based firm is a major supplier for Apple, helping to build its iPhone and iPad. But much of that manufacturing is done in China, where Foxconn employs 1.2 million workers and labor costs are lower.

Without elaborating, Foxconn said it was considering the expansion in order to meet the needs of it customers, and to “leverage the high-value engineering talent” available in the U.S. market.

It’s unclear what kind of manufacturing operations the company already has in the U.S. An expansion in the nation, however, would face challenges, said Amy Teng, an analyst with research firm Gartner.

“From the financial perspective, I don’t see any advantage in why they (Foxconn) would assemble there, unless this is part of Apple’s plan,” she said. Labor costs in the U.S. are higher and it will be harder for the company to recruit U.S. workers for menial factory jobs, when compared to China.

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Cloud Storage Specs Approved

The International Organization for Standardization (ISO) has ratified the Cloud Data Management Interface (CDMI), a set of protocols defining how businesses can safely transport data between private and public clouds.

The Storage Networking Industry Association’s (SNIA) Cloud Storage Initiative Group submitted the standard for approval by the ISO last spring. CDMI is the first industry-developed open standard specifically for data storage as a service.

“There is strong demand for cloud computing standards and to see one of our most active consortia partners contribute this specification in such a timely fashion is very gratifying,” Karen Higginbottom, chairwoman of the ISO committee, said in a statement. “The standard will improve cloud interoperability.”

The CDMI specification is a way to create an interface for accessing data in the cloud by preserving metadata about information that an enterprise stores in the cloud. With metadata associated with the information, companies can retrieve data no matter where it’s stored.

“With the metadata piece, it’s also complementary with existing interfaces. The standard can be used with Amazon, for file or block data and it can use any number of storage protocols, such as NFS, CIFS or iSCSI,” said SNIA Chairman Wayne Adams.

Based on a RESTful HTTP protocol, CDMI provides both a data path and control path for cloud storage and standardizes a common interoperable format for securely moving data and its associated data requirements from cloud to cloud. The standard applies to public, private and hybrid deployment models for storage clouds.

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Oracle Wants More Money From SAP

Oracle is appealing the damages awarded from SAP that it was granted and is pushing for more.

The news has disappointed SAP, according to a German newspaper, and the firm is worried that the appeal will draw out the five year long legal battle even longer.

“We are disappointed that the lawsuit Oracle pulls further out,” said a SAP spokesman to the German newspaper Mannheimer Morgen.

“We had agreed on a sensible arrangement, because we believe that this case has gone on long enough. We remain committed to bring this dispute to an end.”

Neither firm has commented yet, but the appeal follows SAP’s admission of liability in the Tomorrownow affair.

SAP pleaded guilty last year and acknowledged that its Tomorrownow subsidiary had done wrong. Tomorrownow was accused of downloading information belonging to Oracle, including software and customer information related to Peoplesoft users.

Oracle was initially awarded $1.3bn in damages but this was knocked down to $306m by a judge who told it that it had two options, accept that sum or take SAP back to court.

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