Google Goes To The Supreme Court

Google has asked the U.S. Supreme Court to rule on contentious litigation against Oracle arguing that the high court must act to protect innovation in high tech.

Google’s request seeks to overturn an appeals court ruling that found Oracle could copyright APIs of its Java programming language, which Google used to design its Android smartphone operating system.

Oracle sued Google in 2010, claiming that Google had improperly incorporated parts of Java into Android. Oracle wants $1 billion on its copyright claims. Oracle claimed Google’s Android trampled on its rights to the structure of 37 Java APIs. A San Francisco federal judge had decided that Oracle could not claim copyright protection on parts of Java, but earlier this year the U.S. Court of Appeals for the Federal Circuit in Washington disagreed.

In its filing this week, Google said the company would never been able to innovate had the Federal Circuit’s reasoning been in place when the company was formed.

“Early computer companies could have blocked vast amounts of technological development by claiming 95-year copyright monopolies over the basic building blocks of computer design and programming,” Google wrote.

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Will Verizon Throttle Users?

Verizon Wireless backed away from a widely criticized plan to slow down the connections of heavy data users with unlimited LTE plans.

The carrier had announced in July it would extend a practice it calls network optimization to unlimited LTE subscribers starting in October. Network optimization targets the top 5 percent of data users on the network when a cell site is under the heaviest demand, and slows down those users’ network performance. Verizon had already applied the practice to the top users of its 3G network.

“We’ve greatly valued the ongoing dialogue over the past several months concerning network optimization and we’ve decided not to move forward with the planned implementation of network optimization for 4G LTE customers on unlimited plans,” the carrier said in a statement on Wednesday. “Exceptional network service will always be our priority and we remain committed to working closely with industry stakeholders to manage broadband issues so that American consumers get the world-class mobile service they expect and value.”

U.S. Federal Communications Commission Chairman Tom Wheeler attacked the plan in a letter to Verizon, suggesting it was a ploy to get customers to switch from their unlimited plans to ones with a cap on monthly data usage. Verizon no longer sells new unlimited plans but allows subscribers with those plans to keep them.

“I know of no past Commission statement that would treat as ‘reasonable network management’ a decision to slow traffic to a user who has paid, after all, for ‘unlimited’ service,” Wheeler wrote in the late July letter to Verizon Wireless President and CEO Dan Mead.

Digital rights group Public Knowledge also attacked so-called data throttling, as well as practices by AT&T, Sprint and T-Mobile USA.

The showdown demonstrated the tension over increasing demand for mobile data, which carriers say puts a strain on their networks. Among other things, that demand has led operators to seek ever more spectrum and apply network management techniques they say are necessary to keep serving all subscribers well. Though LTE makes much more efficient use of the airwaves than 3G does, LTE networks are serving a rapidly growing number of subscribers.

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Mobile Carriers Dash To Enter FCC Auction

Three of the four largest U.S. mobile operators and satellite provider Dish Network Corp plan to bid in the Federal Communications Commission’s November auction of airwaves, according to initial applications released on Wednesday.

As expected, the largest U.S. wireless carrier Verizon Communications Inc, No. 2 AT&T Inc, No. 4 T-Mobile US Inc and Dish appeared to be the largest companies to indicate an interest in bidding in the upcoming auction of frequencies known as AWS-3.

Applications from Northstar Wireless LLC and SNR Wireless LicenseCo LLC reported they had entered bidding agreements with Dish, which had indirect ownership interest in both companies.

Northstar’s disclosures showed direct and indirect ownership interest by Alaska Native corporation Doyon Ltd and indirect ownership interest by financial firm Catalyst Investors. Asset manager BlackRock Inc had membership shares in SNR, according to the documents.

T-Mobile and AT&T did not appear to plan joint bids with other companies, and T-Mobile’s Kathleen Ham, vice president of federal regulatory affairs, said the carrier had no such agreements with any company.

A Verizon spokesman did not respond to inquiries about potential joint bidding and Dish representatives declined comment beyond confirming the submission of its application, citing FCC’s anti-collusion rules.

A total of 80 entities submitted initial applications. Interested parties, which may or may not actually bid for wireless licenses in the auction, included smaller U.S. companies such as Bluegrass Wireless LLC, Guam-based wireless company Docomo Pacific Inc and individual spectrum investors.

Scheduled to begin on Nov. 13, the auction is expected to raise at least $10 billion and will include airwaves previously occupied by multiple federal users, including the Department of Homeland Security.

Dish applied to bid in the auction as American AWS-3 Wireless I LLC and disclosed joint bidding arrangements with SNR and Northstar, which in turn had to disclose ownership and other information.

SNR listed former FCC Wireless Bureau Chief John Muleta, now CEO of consulting firm Atelum LLC, as a contact. Muleta, reached late on Wednesday, declined comment, citing FCC’s restrictions.

Northstar’s disclosures listed Allen Todd, assistant secretary at Doyon, a Fairbanks-based Alaska Native Regional Corporation with numerous affiliates in various fields including oil and gas land drilling. Todd could not be reached for comment on Wednesday.

SNR’s and Northstar’s, as well as AT&T’s, initial application appeared to be incomplete, which can be caused by small bureaucratic omissions. Of the 80 applications, 47 were deemed incomplete and have to be properly finished by Oct. 15 to allow the companies to participate.

All initial applications have to put down an upfront payment by Oct. 15 to confirm participation.

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FBI Worried About Encryption

The U.S. Federal Bureau of Investigation expressed some concerns about moves by Apple and Google to include encryption on smartphones, the agency’s director has stated.

Quick law enforcement access to the contents of smartphones could save lives in some kidnapping and terrorism cases, FBI Director James Comey said in a briefing with some reporters. Comey said he’s concerned that smartphone companies are marketing “something expressly to allow people to place themselves beyond the law,” according to news reports.

An FBI spokesman confirmed the general direction of Comey’s remarks. The FBI has contacted Apple and Google about their encryption plans, Comey told a group of reporters who regularly cover his agency.

Just last week, Google announced it would be turning on data encryption by default in the next version of Android. Apple, with the release of iOS 8 earlier this month, allowed iPhone and iPad users to encrypt most personal data with a password.

Comey’s remarks, prompted by a reporter’s question, came just days after Ronald Hosko, president of the Law Enforcement Legal Defense Fund and former assistant director of the FBI Criminal Investigative Division, decried mobile phone encryption in a column in the Washington Post.

Smartphone companies shouldn’t give criminals “one more tool,” he wrote. “Apple’s and Android’s new protections will protect many thousands of criminals who seek to do us great harm, physically or financially. They will protect those who desperately need to be stopped from lawful, authorized, and entirely necessary safety and security efforts. And they will make it impossible for police to access crucial information, even with a warrant.”

Representatives of Apple and Google didn’t immediately respond to requests for comments on Comey’s concerns.

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Blackberry Loss Shrinks

BlackBerry Ltd reported a smaller quarterly loss on Friday and is showing encouraging signals about its endangered smartphone business as well as its software and services sales, spurring a more than 4 percent jump in its shares.

The Canadian company, a smartphone pioneer pushed to the margins by Apple’s iPhone and devices running Google’s Android software, is now focusing more on software and services than on hardware as it works through a long turnaround.

On the services front, the company reported a huge number of conversions in its second quarter to its heavily promoted new device management platform. But BlackBerry’s hardware unit also offered hopeful news, posting an adjusted profit for the first time in five quarters, helped by lower manufacturing costs and strong demand for its low-end Z3 handsets in emerging markets.

“This is the first time in a long time that we have actually made money on hardware,” Chief Executive John Chen told reporters, while hinting at plans to unveil new phones at Mobile World Congress in Barcelona in 2015. “We think we can continue on that track, so hardware is no longer going to be a drag to the margin and the earnings.”

The Waterloo, Ontario-based company’s revenue in North America rose from the previous quarter, but sales slipped elsewhere. Its total revenue was down more than 40 percent from a year earlier.

“They’re taking all the right steps, which is great. It’s encouraging to see,” said BGC Partners analyst Colin Gillis. “Now we’ve got to see what Chen can do about the revenue decline.”

BlackBerry shares were up 5.2 percent at C$11.45 on the Toronto Stock Exchange and up 4.6 percent at $10.26 on Nasdaq.

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Intel Debuts A Slew Of Core M Chips

Intel’s new Core M chips — which bring PC-like performance to slim design tablets — will initially be in many Windows 8.1 tablets, but no Android devices are yet on the radar.

The chips will be in five to seven detachable tablets and hybrids by year end, and the number of devices could balloon to 20 next year, said Andy Cummins, mobile platform marketing manager at Intel.

Core M chips, announced at the IFA trade show in Berlin on Friday, are the first based on the new Broadwell architecture. The processors will pave the way for a new class of thin, large-screen tablets with long battery life, and also crank up performance to run full PC applications, Intel executives said in interviews.

“It’s about getting PC-type performance in this small design,” Cummins said. “[Core M] is much more optimized for thin, fanless systems.”

Tablets with Core M could be priced as low as US$699, but the initial batch of detachable tablets introduced at IFA are priced much higher. Lenovo’s 11.6-inch ThinkPad Helix 2 starts at $999, Dell’s 13.3-inch Latitude 13 7000 starts at $1,199, and Hewlett-Packard’s 13.3-inch Envy X2 starts at $1,049.99. The products are expected to ship in September or October.

Core M was also shown in paper-thin prototype tablets running Windows and Android at the Computex trade show in June. PC makers have not expressed interest in building Android tablets with Core M, but the OS can be adapted for the chips, Cummins said.

The dual-core chips draw as little as 4.5 watts, making it the lowest-power Core processor ever made by Intel. The clock speeds start at 800MHz when running in tablet mode, and scales up to 2.6GHz when running PC applications.

The power and performance characteristics make Core M relevant primarily for tablets. The chips are not designed for use in full-fledged PCs, Cummins said.

“If you are interested in the highest-performing parts, Core M probably isn’t the exact right choice. But if you are interested in that mix of tablet form factor, detachable/superthin form factor, this is where the Core M comes into play,” Cummins said.

For full-fledged laptops, users could opt for the upcoming fifth-generation Core processor, also based on Broadwell, Cummins said. Those chips are faster and will draw 15 watts of power or more, and be in laptops and desktops early next year.

New features in Core M curbed power consumption, and Intel is claiming performance gains compared to chips based on the older Haswell architecture. Tablets could offer around two more hours of battery life with Core M.

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Insurers To Use Mobile Phones To Track

A new usage-based insurance (UBI) software platform will enable insurers to track drivers’ behavior through smartphone sensors and geolocation services.

Agero, one of the nation’s largest suppliers of roadside safety software and services to automakers and insurance companies, said its new UBI telematics suite will transmit to insurers the information needed to offer discounts to good drivers, penalize others, and send alerts to emergency assistance service providers.

The UBI suite consists of the PolicyPal app, which tracks driving habits in real time, and Auto Crash Notification (ACN), which automatically notifies emergency services within moments of an accident.

Currently, State Farm’s In-Drive and Progressive’s Snapshot program, offer customers the opportunity to voluntarily participate in programs in which their insurer collects vehicle data and uses the information to determine driving habits, which in turn can be used to offer lower-rate incentives to safer operators.

Unlike Agero’s new platform, however, In-Drive and Snapshot, use a small data collection device that plugs into a vehicle’s standard OBDII onboard diagnostics port under the dashboard and transmits data from a car’s central computer to insurance companies.

Agero’s new mobile suite will greatly expand upon the universe of consumers who can vie for “discount rates” based on their driving profiles. The mobile device also travels with them in or out of the vehicle.

Over the past decade, the insurance industry has been embroiled in a heated price war, with companies vying to be king of the heap for discount pricing.

“It’s becoming a cutthroat market. They’re competing on price,” said Jeff Blecher, senior vice president of strategy at Medford, Mass.-based Agero. “To break that mold, they need a new business model. UBI does that. Now, they can compete based on the risk profile of drivers.”

UBI offers the insurance industry new opportunities for tailored discount programs. Notably, they can switch from relying OBDII dongles plugged into the customer’s car and instead use mobile apps that travel with the driver, whether he’s traveling in his own car or another vehicle.

“We want to align our strategy… with the smartphone as primary data collection point,” Blecher said.

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Toshiba Develops Mobile Sensor

Toshiba has created a new image sensor for mobile phones and tablets that promises better image resolution for run-of-the-mill smartphones when it goes into mass production.

The T4KA7 is a 1/2.4-inch, 20-megapixel backside illuminated sensor with a 1.12 micrometer pixel size, which provides for a smaller sensor size overall.

The sensor allows for a lower module height of under 6 millimeters compared to the current 20-megapixel, 1.2-micrometer sensors, the company said.

“T4KA7 is the first 1.12-micrometer, 20-megapixel sensor on the market with a high frame rate of 22 fps at full resolution,” a Toshiba spokeswoman wrote in an email.

The frame rate is 1.8 times the speed of Toshiba’s previous 20-megapixel sensor, the T4K46.

When zooming digitally, the sensor provides crisper images compared to 13- and 16-megapixel sensors, which are resolutions widely adopted in recent smartphones, she added.

Announced earlier this year, Samsung’s camera-phone hybrid Galaxy K zoomhas a 20.7-megapixel image sensor that is supposed to perform well when taking photos in low-light settings.

Without a specific measurement for comparison, it’s hard to say whether the T4KA7 would do any better in low-light shooting situations than other sensors, the Toshiba spokeswoman said.

“We think we are providing top-class sensors in terms of pixel performance,” she added.

Toshiba is producing samples of its new sensors now, with mass production of up to half a million units per month to begin in November.

Higher-end smartphones already featuring 20-megapixel cameras include the Sony Xperia Z1, the Nokia Lumia 930 and 1520.

Announced last month, the Nokia Lumia 1020 sports a camera designed for photographers — it has a sensor with 41-megapixel resolution.

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Opera Mini Goes To Windows Phone

Norwegian software maker Opera inked a deal to take over the browser building unit of Microsoft’s Nokia cellular phone unit and reported second-quarter earnings above expectations on Thursday, sending it shares sharply higher.

“We have signed a strategic licensing deal with Microsoft. We are basically taking over the browser building department in Nokia,” Opera Chief Executive Lars Boilsesen said. “This means that Opera Mini will become the default browser for Microsoft’s feature phone product lines and the Asha phones product lines.”

The deal will be profitable from the start, he added.

“All the current user base will be encouraged to upgrade to Opera Mini and all the new phones will come with Opera Mini pre-installed as a default browser. This is a great deal for us. We have dreamed of this for more than 10 years.”

In a separate statement, Opera said the licensing agreement applies to mobile phones based on the Series 30+, Series 40 and Asha software platforms.

“As part of the agreement, people who use the current browser for these phones, Xpress, will be encouraged to upgrade to the latest Opera Mini browser. Factory-new devices will have Opera Mini pre-installed.”

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Apple Changes Policy In China

Apple Inc has started the processing of keeping the personal data of some Chinese users on servers in mainland China, marking the first time the tech giant is storing user data on Chinese soil.

The storage of user data in China represents a departure from the policies of some technology companies, notably Google Inc, which has long refused to build data centers in China due to censorship and privacy concerns.

Apple said the move was part of an effort to improve the speed and reliability of its iCloud service, which lets users store pictures, e-mail and other data. Positioning data centers as close to customers as possible means faster service.

The data will be kept on servers provided by China Telecom Corp Ltd, the country’s third-largest wireless carrier, Apple said in a statement.

“Apple takes user security and privacy very seriously,” it said. “We have added China Telecom to our list of data center providers to increase bandwidth and improve performance for our customers in mainland china. All data stored with our providers is encrypted. China Telecom does not have access to the content.”

A source with knowledge of the situation said the encryption keys for Apple’s data on China Telecom servers would be stored offshore and not made available to China Telecom.

Apple has said it has devised encryption systems for services such as iMessage that even Apple itself cannot unlock. But some experts expressed scepticism that Apple would be able to withhold user data in the event of a government request.

“If they’re making out that the data is protected and secure that’s a little disingenuous because if they want to operate a business here, that’d have to comply with demands from the authorities,” said Jeremy Goldkorn, director of Danwei.com, a research firm focused on Chinese media, internet and consumers.

“On the other hand if they don’t store Chinese user data on a Chinese server they’re basically risking a crackdown from the authorities.”

Goldkorn added that data stored in the United States is subject to similar U.S. regulations where the government can use court orders to demand private data.

A spokesman for China Telecom declined to comment.

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