Was Apple’s Victory, Really A Victory?

As we heard this week Apple had won an injunction barring Samsung from selling some of its Galaxy smartphones in Europe.

However, it is likely that an update from Android 2.x to Android 3.0 will resolve the patent issue, which concerns the way photos are viewed on a touchscreen.

According to OS news, only the Gallery application infringes the patent in question, and Samsung has confirmed it will update the software to get around the problem.

“The injunction has been granted due to the method of scrolling in the Gallery. If that’s replaced, there is no more reason to uphold the injunction,” said Bas Berghuis van Woortman, one of Samsung’s lawyers.

The injunction doesn’t come into effect until mid-October, giving the Korean phone maker plenty of time to change the software. OS news points to evidence showing that although Apple entered into battle with three patents and a community design, all but the Gallery patent were thrown out by the judge.

The swipe-to-unlock patent will likely be declared invalid, the judge wrote, specifically referring to the Neonode N1m mobile phone as prior art, which has the exact same unlock method as the Iphone.

Apple’s complaint about the design of Galaxy smartphones was also thrown out, with the judge citing numerous cases of prior art, including the LG Prada. And in the case of the Android GUI patent, the judge cited the Nokia 7710 as prior art.

Although Samsung’s PR firm in the UK hadn’t heard anything about an Android update, Samsung said that it expects only the Netherlands to be affected by the ruling. It said, “[The] ruling is an affirmation that the GALAXY range of products is innovative and distinctive. With regard to the single infringement cited in the ruling, we will take all possible measures including legal action to ensure that there is no disruption in the availability of our GALAXY smartphones to Dutch consumers.

“This ruling is not expected to affect sales in other European markets. We will continue our plans to introduce new products and technologies that meet and exceed consumer expectations. And we will defend our intellectual property rights through the ongoing legal proceedings around the world.”

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RIM Heads To The Cloud

Canada’s Research In Motion (RIM) will take the wraps off of a new cloud-based social music sharing service called BBM Music, as companies begin to bet on entertainment delivered over the Internet that incorporates social networking features.

Research in Motion, the maker of BlackBerry phones, said select music from Universal Music Group, Sony Music Entertainment, Warner Music and EMI would be available for the users.

A closed beta trial of the BBM Music service is starting on today in Canada, the United States and the UK, the company stated.

The music service is expected to be commercially available to customers later this year for a monthly subscription of $4.99 in a number of countries, it said.

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Beetel Teletech, part of India’s Bharti Enterprises that controls top mobile carrier Bharti Airtel (BRTI.NS), unveiled a tablet computer priced at 9,999 rupees ($220) on Wednesday.

The 7-inch tablet, branded Beetel Magiq, uses Google’s (GOOG.O) Android operating system and supports both 3G and Wi-Fi networks, Beetel said in a statement.

Beetel is one of the largest makers of fixed-line phones in India. A company spokesman said China’s Huawei HWT.UL was their manufacturing partner for the tablet.

India is the world’s second-biggest and the fastest-growing market for mobile phones, although computer penetration is still low.

Apple Inc (AAPL.O) began iPad sales in India in January this year, while Samsung Electronics (005930.KS) launched its Galaxy Tab in India in November last year.

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Does Linkedin Share User Data?

Linkedin has upset many of its 100 million users by opting them into a programme that reveals their personal details to advertisers without telling anyone about it.

Linkedin changed its privacy policy to allow it to display the names and pictures of users with ads. The system works by showing friends and colleagues who’ve followed a brand name, effectively making them an unwitting salesperson for that brand, since people are more likely to click such advertisements on the basis that it looks like someone they know is recommending them. In reality, the other person has no idea that their photo and name are being used to sell things.

It’s a clever approach to advertising, but an absolutely abyssmal approach to privacy, as Linkedin has decided to automatically opt-in all of its users without informing them of the change.

Users can opt out if they want, but the option is buried in the Settings page, a ploy similar to that used by Facebook to hide its privacy settings. The big problem here is that if users don’t know that their name and photo are being used in this way, then how can they opt out of it?

Linkedin could face legal trouble for this decision. Digital Trends reports it is likely that Linkedin broke Dutch privacy law, which requires user consent for employing user images with advertisements. It could also be brought up before the European Commission and the UK Information Commissioner’s Office (ICO).

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VoIP Ideal Platform For Controlling Botnets

Botnets and their masters can communicate with one other by calling into the same VoIP conference call and exchanging data using touch tones, researchers demonstrated at Defcon.

This gives the botmasters — whose top goals include remaining anonymous — the ability to issue orders from random payphones and disposable cellular phones, say researchers Itzik Kotler and Iftach Ian Amit of security and risk-assessment firm Security Art.

Using phones and the public phone networks eliminates one of the prime tools bot fighters have: taking down the domains of botnets’ command and control servers, the researchers say. If the botmaster isn’t using a command and control server, it can’t be taken down.

In fact, the botmaster can communicate with the zombie machines that make up the botnet without using the Internet at all if the zombies are within a corporate network. So even if a victim company’s VoIP network is segregated from the data network, there is still a connection to the outside world.

In addition to its stealth, the VoIP tactic employs technology that readily pierces corporate firewalls and uses only traffic that is difficult for data loss prevention software to peer into. The traffic is streamed audio, so data loss prevention scanners can’t recognize patterns of data they are supposed to filter, the researchers say.

The downsides of VoIP as a command channel are that it severely limits the number of zombie machines that can be contacted at once, and the rate at which stolen data can be sent out of a corporate network is limited by the phone system. But Kotler and Amit say the connections are plenty big to send commands in.

During their demo at the conference, the pair had an Asterisk open source IP PBX stand in as the corporate PBX. A virtual machine representing a zombie computer on a corporate network called via TCP/IP through the PBX and into a corporate conference call. A BlackBerry, representing the botmaster dialed in over the public phone network to the same conference call.

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AMD Not Chasing Smartphone Market

Advanced Micro Devices is not immediately pursuing opportunities within the smartphone markets as it does not align with the company’s strength in technologies like graphics, an executive said on Monday.

Smartphones are constrained on battery, pixels and screen space, and AMD has other areas it can focus on in order to grow, said Rick Bergman, senior vice president and general manager for AMD’s product group during the Pacific Crest Securities Technology Leadership Forum in Vail, Colorado. The company sees an opportunity to apply its graphics and chip technologies to tablets, where customers are demanding better video and battery life.

“We haven’t announced any plans to go in that handheld space. We’ve got plenty of opportunities… in server, notebook and now tablets, that’s our immediate focus. But if the right circumstances come up and we can see a way to impact the market, we’ll obviously continue to look,” Bergman said.

AMD has faced criticism for not aggressively pursuing the booming smartphone or tablet markets. The company in June rushed to release its first dedicated tablet chip, called the Z-series. The chip is a low-power variant of PC chips based on the Fusion microarchitecture, which includes a graphics processor and CPU on a single chip. Based on the x86 architecture, the chip can help tablets deliver a full PC and graphics experience, the company has said.

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Apple Tech Support Satisfaction Plummets

Apple customers are increasingly unhappy with the company’s technical support, which could affect the firm’s bottom line in the future, a researcher said today.

Although Apple continues to outperform rival computer makers Hewlett-Packard and Dell in overall customer satisfaction with technical support, in several areas Apple’s slippage over the last year is alarming, said Peter Leppik, CEO of Vocalabs, a Minneapolis-based company that surveys consumers after they’ve contacted customer or technical support.

“Apple is still definitely ahead of its competition, but what we are highlighting are deeper metrics that are showing negative trends,” said Leppik. “Customers are upset with the automated part of support calls to Apple, and that might be trickling into higher metrics.”

Those higher metrics Leppik referenced include the likelihood customers will return for another purchase in the future, or continue to recommend Apple products to friends and family.

In the past 12 months, consumers who said they were “very satisfied” with Apple’s technical support dropped 15 percentage points, from 73% at the mid-point of 2010 to 58% halfway through 2011, said Leppik.

The primary cause of the tumble was a turnabout in customers’ opinion of the automated section of their calls to Apple. In the last year, the percentage of those who said they were very satisfied with the quality of Apple’s automation fell 13 points to 24%. That’s a new low for Apple in Vocalabs surveys, and a whopping 28 points off the peak of 52% a year-and-a-half ago.

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Poor Get Online With Cloud Phone

Start up firm Movirtu has made plans to help 3 million or more people in poor countries use mobile services by giving them personal phone numbers, not phones.

Working with a U.N.-affiliated initiative called Business Call to Action (BCtA), Movirtu will offer the numbers, which it calls mobile identities, through commercial carriers in developing countries in Africa and South Asia. People in those countries who typically borrow phones from others will be able to log into the carrier’s network and use their own prepaid minutes and bits of data. The service is called Cloud Phone, though it operates within a carrier’s own infrastructure rather than on the Internet as a classic cloud service would.

Having a personal mobile identity can save users money in two ways, according to Ramona Liberoff, executive vice president of marketing, strategy and planning at Movirtu. First, they can use mobile services without buying a phone, which is a luxury even at US$15 or $20 for people making $1 or $2 per day. Second, the cost of prepaid service from a carrier typically is less than what consumers in those countries pay someone to borrow a phone, she said.

Though it’s customary in many of these countries to lend a phone to someone in need, the borrower is also expected to pay the lender for the usage. The average savings from using regular prepaid service instead is estimated at about $60 per year, Liberoff said.

The service will help people to use mobile banking, insurance and farming assistance services as well as make phone calls, Liberoff said.

Some of these services currently can only be delivered to individuals and not to someone sharing a phone. Personal mobile identities could be a boon to NGOs (non-governmental organizations) that want to use mobile technology. “In many cases, there are great NGO programs that can’t reach 80 percent of their base,” because those people don’t have their own phones, Liberoff said.

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RIM Unveils New BlackBerry Torch Phones

Research In Motion on Wednesday unveiled two more powerful versions of its touchscreen BlackBerry Torch, hoping to buy time until it can introduce a radically new software package in its smartphones.

The new smartphones, along with a Bold upgrade unveiled earlier, are part of what the Canadian company called its biggest global launch ever as it seeks to claw back North American market share losses from Apple’s iconic iPhone and a slew of devices running on Google’s Android software.

The three touchscreen phones, running on the new BlackBerry OS 7, each boast an improved screen display and pack a 1.2 GHz processor from Qualcomm, the most powerful ever for a BlackBerry phone. All three devices will launch with carriers globally by the end of August, RIM said.

The browser for the new phones is 40 percent faster than the original Torch, RIM’s last major phone launch which hit shelves almost a year ago.

But since co-chief executive Mike Lazaridis has already promised “superphones” next year using the QNX-based operating system running RIM’s PlayBook tablet
computer, analysts are looking beyond the launch.

“This is a necessary product refresh in advance of the big bang that we hope and expect will happen with QNX-based phones,” said CCS Insight vice-president of research John Jackson.

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Is Sprint’s Future Questionable?

Sprint Nextel Corp’s shares fell sharply on Thursday as heavy subscriber losses in the second quarter called into question the strategy and outlook of the No. 3 U.S. wireless company.

Sprint had spent heavily to promote its service and better compete against larger carriers Verizon Wireless and AT&T Inc. But that strategy backfired as profit margins eroded and customer losses persisted.

The weak results overshadowed Sprint’s announcement of a $9 billion network contract with start-up LightSquared, and sent the stock tumbling to its lowest point since February before recovering a little to close down 16 percent.

Investors questioned whether Sprint would be able to meet its 2011 targets after such a disappointing showing.

“Their cost of doing business went up dramatically,” said Piper Jaffray analyst Christopher Larsen. “People have less confidence they can meet expectations.”

Sprint’s operating profit margin of 16.3 percent was well below the average Wall Street estimate of around 19 percent as the company had changed its product rebate terms in an effort to combat Verizon Wireless’ sale of the Apple Inc iPhone, and an iPhone discount at AT&T.

But the bet did not pay off as Sprint still saw defections of 101,000 net subscribers — also known as post-paid customers — compared with analysts’ expectation for losses of 15,000.

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