Apple’s big hype around the iPad may have backfired on them somewhat.  The iPhone it is not.  In fact, a week or so after the iPad launched, it has more than its share of critics and detractors.  An article in eWeek opines:

“But after the hype wears off and we take an honest look at the iPad, we quickly find that there are some major flaws with the company’s tablet device that it just doesn’t want us to know about. When a consumer picks up the iPad expecting a top-of-the-line experience, they might be surprised to learn that it can’t quite provide that.”

Uh oh.  So what’s wrong with the iPad, or what just not right with it?  An interesting study by Retrevo found that the more people know about the iPad, the less they want to buy one.  After all the hype and excitement, this is disappointing.  And that’s really the problem.  It’s not the iPad per se (or maybe it is) but it’s the fact that it was an earth-shattering product.  Eighty percent of the survey’s respondents had heard about the iPad before its launch, and 25 percent said they weren’t interested in buying it.  After the launch, that doubled to 50 percent.

What is wrong with the iPad.  Google that very question, and you’ll get an onslaught of opinions.  But one of the big things is that it does not support Adobe Flash, and without that a lot of web content is not able to be viewed.  An article in TechEd tells us, “That seems akin to taking a beautiful scenic drive down a coastline but being blocked from vast stretches of that view.  You’re welcome to read the scenic vista descriptions, but the whales are represented by a symbol only.”  Maybe not the best way to experience the web as Apple would lead us to believe it is.

PC World identified a few features that the iPad lacks that could have made it live up to the insane hype:  Flash, camera, chat, video and HDMI, a bigger aspect ratio, wireless sync, handwriting recognition, a brand new interface, multitasking, and a few more.  This really does illustrate the problem: we expected too much, and what is a perfectly fine device is getting a lot of flack.

But what is the iPad perfectly fine for?  It is a great e-reader; it could be the best e-reader.  It could be a huge boon for educational use – allowing school children to access material, and college kids to save money on text books.  And not have to carry 800 pounds of paper around on any given day. The potential applications are great.  The iPad is good at what it does, but it doesn’t do what we think it should.

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Apple issued the following warning to app developers on Wednesday, February 3:

If you build your application with features based on a user’s location, make sure these features provide beneficial information. If your app uses location-based information primarily to enable mobile advertisers to deliver targeted ads based on a user’s location, your app will be returned to you by the App Store Review Team for modification before it can be posted to the App Store.

Apple’s Core Location framework allows developers to build apps that incorporate a user’s geographical information.  This is essential for GPS-related apps, as well as those that give you lists of restaurants, attractions, and other locally-based info.  What Apple is trying to prevent is the developers using that location information in order to enable targeted ads.

Why did Apple do this?  Depends on who you ask.  Jay Hathaway of DownloadSquad writes:

Developers might balk at the removal of a possible cheap and easy revenue stream, but I think Apple is doing the right thing…The kind of app being targeted here has no reason to know where you are except to show you ads, and I can get behind Apple trying to block that use of the feature.

But others have a more cynical (accurate?) perception of the move.  Many think that Apple is looking to move into the ad field itself.  The tech giant supposedly wanted to buy AdMob last year, but it was scooped up by Google.  They may want to give their own ad unit, Quattro Wireless, an edge by restricting these types of ads.  An article in eWeek suggests “that the company is perhaps looking for new ways to leverage its position within the smartphone market, as well as gain new revenue streams from previously unexplored areas.”

In any case, Apple’s decision did not ban advertising that is location-based.  They can use geolocation for ads, but they have to provide “beneficial information” as well.

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Bars and clubs being sued for playing copyrighted music without a license is far from new.  We’ve seen this happen again and again, so the fact that a Manhattan bar is being sued for this very infringement shouldn’t be big news.  But the ASCAP suit against Connolly’s is making headlines because of the songwriter whose songs were allegedly infringed upon.  It is none other than the Boss himself, Bruce Springsteen.

A piece in the New York Daily News reported:

The rocker slapped Connolly’s Pub & Restaurant on W. 45^th St. with a copyright infringement lawsuit Wednesday.  He claims the bar hosted a band on Aug. 9, 2008, that performed three of Springsteen’s hits – and charged customers a cover fee.

Rather makes it sound like Bruce Springsteen went to W. 45^th St., barged into Connolly’s, and slapped down the paperwork himself, doesn’t it?  Maybe he even growled at the bar owner or something like that.  But now, according to a report by MyFoxNY, he didn’t know anything about the lawsuit.

His PR company issued a statement saying as much and adding that he “was not asked if he would participate as a plaintiff, and would not have agreed to do so if he had been asked.  Upon learning of this lawsuit this morning, Bruce Springsteen’s representatives demanded the immediate removal of his name from the lawsuit.”

But that doesn’t really matter to ASCAP, who said the lawsuit really wasn’t about him.  Even though headlines read that Bruce Springsteen is suing a New York bar.  And many believe it to be true.  Joe Cumia, a guitar player with 2U, who plays at Connolly’s frequently, says, “I think any venue that makes money from live music should be paying the artist in one way or another.  It’s absurd for him [Springsteen] to go after a little pub while he’s selling records and making dough.  Bruce doesn’t need the $8 a month that he’d get from this band playing at Connolly’s.”

In any event, Connolly’s is looking at a $30,000 fine.  ASCAP says that songwriters have rights and that many who haven’t made it big like Springsteen rely on money from licensing fees.  True enough.

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Watch out for rogue iPhone apps.  Seriously.  We know we have to be on the lookout for phishy emails or not-quite-right websites.  We know not to give out our credit card numbers over the phone when someone calls claiming to be from our credit card company.  But it’s likely that a lot of people don’t give security a lot of thought when they download iPhone apps.  That’s exactly what we should be doing, though, according to Swiss researcher Nicolas Seriot.

Seriot identifies lax screening at the App Store and design flaws as risks to iPhone users.  They could be downloading malicious applications that put their personal and financial information at risk.  Seriot, who is a software engineer and scientific collaborator at the Swiss University of Applied Sciences, says that once an app is downloaded, it has access to information about your device, location, activities, friends (your full address book is readable without your consent), and more.  It can then send that data to a remote location.

To prove his point, Seriot developed a spyware program called “SpyPhone.”  It can track your last 20 Safari searches, your YouTube history, and even your email user name, address, and login.  This program can allow Seriot to track a user, even if the user changes devices, it captures key strokes, it can access photos, which may lead to GPS coordinates.  Seriot writes:

Safari recent searches, YouTube history, and your keyboard cache give clues about your current interests. These interests are linked with your name and your e-mail addresses, your phone number, and your area. Harvested from large numbers of users, such data have a huge value in the underground market of personal data, and it must be assumed that Trojans are, in fact, exploiting this on the App Store.

Apple does examine apps before approving them, but due to the volume (there’s an app for everything), they can’t do a thorough job.  To prevent problems from rogue apps, Seriot recommends that you clear your browser history and your keyboard cache in Settings.  He also suggests that you change or delete the declared phone number in Settings as well.  Above all, be careful about what you download and stay away from untrusted apps.

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The Recording Industry Association of America (RIAA) has some stark figures on their website concerning music piracy.  Take a look:

One credible analysis by the Institute for Policy Innovation concludes that global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers’ earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes.

If anyone doubts that the RIAA is tackling this issue with all its strength, and all its lawyers, ask Jammie Thomas Rasset how she likes being the face of illegal music downloading as she heads into her third trial.  They’re also watching their represented artists’ words.  CrunchGear had an interesting piece about country artist and newly crowned People’s Choice Award winner Keith Urban and his little music piracy faux pas.

At the People’s Choice Awards, the Favorite Male Artist said, “I don’t even care if you download it illegally, give it to your friends, I really don’t care.”  And you could hear RIAA gasp.  He didn’t just say that on national TV, did he?

Well, uh, that’s not what he meant.  He backtracked and took that statement back, telling the Tennessean:

What I said came out nothing like I meant. I was referring to the old days when you’d buy a record, do a cassette tape and give it to your girlfriend, and then maybe she likes it and becomes a fan. For the record, I absolutely care about my music not being taken for free. But I love when people are passionate and want to turn friends on to music.

This is a rather blatant attempt to appease Capital Records, with whom he is signed, and the RIAA, of which Capital Records is a member.  Because he really did sound as if he didn’t care if people downloaded it illegally – he just sounded happy they listened and that he won the award.

The disingenuous statement to the Tennessean is not the first time a star has been caught in an awkward position regarding music piracy.  It happened to Lily Allen not long ago, although in her case, the positions were switched.  She came down hard on piracy, and then changed her mind, saying that as long as her music was heard, she was fine with it.

For the record, Keith Urban meant that he loves when people are passionate and want to turn friends on to music as long as they pay for it and use it in the legally prescribed manner.  It doesn’t make as snappy an acceptance speech, though.

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Last week, Jammie Thomas Rasset’s fine for illegal downloading and distributing (she downloaded 30 songs and then shared them on a P2P site) was reduced to $54,000, down from almost $2 million.  Ms. Rasset was sued by the RIAA, and neither side was happy with Judge Michael Davis’s decision.  The legal battle rages on.  At this point, Rasset is standing strong in her fight against the RIAA, not denying that she downloaded the songs, but that the fine is unfairly punitive and grossly out of line with her actions.  A third trial is in the works.

After last week’s decision by Judge Davis, the RIAA extended a settlement offer of $25,000, which Rasset turned down.  Cara Duckworth, RIAA spokesperson, said, “It is a shame that Ms. Thomas-Rasset continues to deny any responsibility for her actions rather than accept a reasonable settlement offer and put this case behind her.  Given this, we will begin preparing for a new trial.”

For her part, Ms. Rasset’s lawyer, Joe Sibley says, “She is going forward on principle.  We believe the copyright damages provisions are unconstitutional because they bear no relationship to any actual harm to the copyright holders.  Jammie will never agree to pay them anything and will fight until the bitter end.”  And it doesn’t appear that the end is anywhere is sight.  According to Rolling Stone, Sibley said, “Jammie will not accept any offer that requires her to pay money to or on behalf of the Plaintiffs.”

The third trial will likely focus on damages, which again, Ms. Rasset’s side believes are unconstitutional.  She was tried under a copyright law that set damage limits of between $750 and $150,000 per infringement, or per song that she downloaded unlawfully.  She was order to pay an incredible $9250 per song by the first jury, and an even more incredible $80,000 per song by the second.  It seems she has some strong support on her side, though.  Lawyers, citizens’ rights groups, and even the judges in the two piracy cases (Rasset’s and Joel Tenenbaum’s) think the damages assessed were excessive and even unlawful.  She was tried under laws meant to target commercial copyright infringers, not individuals like the mother of four.

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A booming business was born when intrepid readers made the leap from traditional, and even computer screen, reading to e-reading devices, like the Kindle from Amazon.  Forrester Research predicts that in 2010, e-reader sales could hit about 10 million units – more than double that of 2009.  The units are cheaper, more brands are coming out with their own e-readers, including a “Kindle-killing” version from Barnes & Noble, more content is available, and people are hearing more and more about them.  While Amazon had arguably the biggest and most well-known e-reader, their supremacy could be ending at the hands of the new iPad.

Apple is waiting to take on Amazon; just a week after their iPad was introduced, Steve Jobs told the Wall Street Journal that publishers aren’t happy with Amazon – and of course, Apple is the place disheartened publishers, and readers, should turn for comfort and books.  Enderle Group analyst Rob Enderle says:

Steve Jobs is right.  The publishers aren’t happy with Amazon.  Amazon did give some concessions to publishers shortly before the iPad launched, but the Kindle has not been a publisher favorite.  Newspapers and magazines aren’t happy with the device, either, because it doesn’t offer the text in columns with embedded advertising.

Apple is ready to step in.  They’ve launched their iBooks app and the iBookstore to lure Kindle readers away from Amazon and to their iPad.  What would Amazon have to do to keep its lucrative Kindle business from leaving?  According to Enderle, the planned makeover for the Kindle will be a good move.  It is supposed to get a better display, which would take some of the wind out of Apple’s sails.  They can also work with publishers to make them happier, and thus, keep the readers happier.

Kindle readers tend to be very product-loyal, as are most Apple users, so it’ll be interesting to see who will come out on top of the e-reader battle.  Enderle adds:

Amazon has an advantage because they’ve been more closely coupled to this kind of media for much longer, and Apple has an advantage because they are an incredible marketing powerhouse and arguably stronger in that regard than Amazon is. “But both companies have done very well financially. Both companies are at the top of their game at the moment.

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The iPad, Apple’s long-awaited tablet debuted the other day, and while it does contain some great features, a sticking point for many is the name.  Apple undoubtedly saw it as a cute play on iPod, giving the new product the link to the enormously popular older one.  But the jokes started almost immediately, with one Tweeter wondering if they bothered to Google (probably not!) the name.  If they had, they would have stumbled across a Mad TV skit from 2005 that featured none other than the Apple iPad.  And they weren’t talking about a tablet.

But Mad TV isn’t the only issue with the name.  As name consultant Michael Cronan (whose firm helped develop the names TiVo and Kindle) says, “I think we’re going to get over this fairly quickly and we’ll get on with enjoying the experience.”  Fujitsu, though, probably won’t.  Three other tech companies have products on the market with the name iPad, according to the New York Times, and Fujitsu is one of them.  They have applied for the iPad trademark in the US, and they have a product by that name.  It is a $2000 device for checking inventory in stores.

Apple ran into a similar problem with the iPhone.  Before it came out, there was an internet headset by Cisco with the name.  Why let that stop you?  Apple, in the form of Steve Jobs, pursued the name relentlessly.  Former Cisco exec Charles Giancarlo was on the receiving end of Mr. Jobs’ tough negotiation skills.  He says, “I feel sorry for the poor guy at Fujitsu who is going to be negotiating with Steve directly.”

Fujitsu has been trying to get the rights to the iPad name for years, and the process has stalled time and time again.  Most recently, they re-filed in June, and Apple has blocked their bid with three separate petitions.  It seems they just don’t care if somebody already has the name.  And in fact, more than one somebody.  There is a Canadian bra maker who has an iPad, there are engines and motors with the name, and an encrypted credit card swiper.

Matthew Humphries writes in Geek.com’s blog, “Ultimately, it all comes down to marketing and in that regard Apple wins hands down. If you say iPad to the majority of people they will think Apple product, and that is what matters in the end.”  Who would have thought there would be a huge fight over this name…but maybe not such a fight if Apple stays true to form.

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It’s finally here.  What we were calling the Apple Tablet or iSlate has hit town, and it likes to be called the iPad.  Cute, huh?  So is this an overgrown Touch or does it have something new to offer users?  The product launched today, and one reaction many reviewers had in common was surprise.  Michael J. Miller sums it up nicely in PC World:

Given all the hype surrounding the Apple tablet, perhaps the most surprising thing is that Apple was still able to have some pretty big surprises at the iPad launch this morning.

The first, and most pleasant if you have wine taste on a beer budget, surprise is the price.  For months, we were hearing about this tablet, and most everyone thought the price would top $1000.  Instead, the iPad will start at $499.  Still pricey, but not much more than iPod’s higher-end models.  A 32 gig Touch was about the same price when it debuted two years ago.  While the current Touch is about $300, the iPad has a larger screen, more features, and more advanced hardware.  PC World points out that the iPad is just a touch more expensive the Amazon’s Kindle DX, which has nowhere near the same features and functionality.  Other great iPad features:

• The iPad will allow you to choose from two AT&T plans for 3G, each of are prepaid and require no contracts.  For $15 a month, you can get 250MB of data, and for $30 you get unlimited data.  You can activate and cancel any time you want.
• The iPad will arrive to you unlocked so you can pop in a SIM card from a GSM 3G network and bypass AT&T.
• The iPad has a full-size Apple aluminum keyboard and will work with standard Bluetooth keyboards.
• Apple also introduced iWork for iPad.  This feature allows you to create, edit, and present presentations, work on spreadsheets, word processing documents, and create newsletters, and other basics.  You can import from Word, Excel, and PowerPoint.  This could make it a possible replacement for a laptop – but we’ll wait and see about that one.
• The iPad supports ePub, which allows publishers to create books for distribution to e-book sellers.  They can then be read on any device which supports ePub.

Not all the responses were positive.  Tweeters, especially, reveled in making fun of the choice of name.  One person said, “About the iPad.  Is it just for my light flow days?”  Another, “Come, on. iPad…clearly no woman was in the room when the naming decision was made.”

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In a very well-publicized case, Jammie Thomas-Rasset was ordered to pay the Recording Industry Association of America a whopping $1.92 million dollars for the illegal downloading and distribution of 24 songs (Rasset downloaded the songs and then shared them on a peer-to-peer site).  Rasset and Joel Tenenbaum are the only two defendants who opted for trials against RIAA for illegal use, and both vigorously appealed their fines (Tenenbaum received a $675,000 fine in a recent trial).  Yesterday, Rasset received a bit of good news – relatively – from Judge Michael Davis.  Her fine had been reduced to a mere $54,000.

Judge Davis called the $1.92 million fine (which was received following a second trial after Rasset appealed the first fine of $222,000) “monstrous and shocking.”  He chided the RIAA, saying, “the need for deterrence does not justify a $2 million verdict for stealing and illegally distributing 24 songs.”

But, counters Rasset’s outspoken and theatrical lawyer, Joe Sibley, “It’s the difference between Joseph Stalin and the Khmer Rogue.”  The $54,000 fine is just as penalizing and ridiculously punitive as the $1.92 million fine for the Minnesota mother of four, contend her attorney and supporters.

It is unknown at this time whether the RIAA will ask for a new trial, and in many ways, it behooves them to forgo one.  The association no longer sues individuals, and the two cases in which defendants have gone to trial have been public relations messes for the RIAA.  They are seen as Goliath to Rasset’s and Tenenbaum’s David, except that many people feel Goliath stole the slingshot and beat David up with it in this case.  The judgments were far too punitive to escape the notice of the public.  The new ruling by Judge Davis may also make it unlikely that another jury would return with a higher fine for Ms. Rasset.

On the other hand, the RIAA may want to contest whether Judge Davis had the legal right to issue the ruling, which is referred to as a remittur, in legal parlance, at all.

Rasset asked the judge to reduce her fine to $18,000, which is the legal minimum.  While, Judge Davis refused, he did slash it by 97 percent – and managed to please neither Rasset nor the RIAA.  Big surprise there.  The saga continues.

Among the songs that Rasset was found liable for are:  Aerosmith’s “Cryin,” Def Leppard’s “Pour Some Sugar on Me,” Destiny Child’s “Bills, Bills, Bills,” Goo Goo Dolls “Iris,” and Green Day’s “Basket Case,” (about which Rasset could write her own song now), as well as others by Bryan Adams, Guns N Roses, Janet Jackson, Journey, No Doubt, Lincoln Park, Reba McIntyre, Richard Marx, Sarah MacLachlan, Sheryl Crow, and Vanessa Williams.  What do you think?  Worth $54,000?

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A few months ago, many of us may have said, “Android?  Who?”  iPhone was the undisputed king of the smartphones.  While Blackberry has its devotees, iPhone is generally seen as the best, the coolest, and the one with the most apps, usability, and versatility.  You can do anything from play an Albanian lute or read a novel to learn first aid or access satellite data.  But maybe this king’s reign is coming to an end?

The International Data Group (IDC) conducted a study that indicates Android will continue to gain ground and will eventually overtake both iPhone and Blackberry by 2013.  What is Android doing now, and what is it likely to do in the future?

New Android devices are continually coming to market, the most publicized and anticipated was Google’s Nexus One.  The OS boomed in popularity at the tail end of 2009, and 2010 looks equally good.  Dell, LG, Acer, Samsung, Motorola, and Sony have all issued Android devices.  Many companies have replaced Windows Mobile and Linux devices with Android.

While the hyped Nexus One had lackluster sales earlier this month, other Android devices have been selling very well.  IDC projects that by 2013, Android will grow about 100 times larger than it was in 2008 – and there will be about 68 million phones with the OS.  Adding to the count will be netbooks, tablets, and PMPs that will feature Android.

Electronista posits another reason Android is likely to overtake iPhone:

The upset would come about as a virtue of the Android ecosystem. As more companies start making Android phones, the platform should become the default choice for those who aren’t making their own operating systems and will replace both Linux and Windows Mobile in these areas. Apple and RIM are the only manufacturers for their platforms and limit their exposure as a result.

As an interesting side note, a study by Facebook app store, Mplayit, found that the top apps among iPhone, Android, and Blackberry are more similar than not.  Apple’s claim to fame is that there is an app for everything but the study found that there is “a great deal of similarity in the most popular apps in the most active categories, demonstrating that despite the big differences in the number of apps available by device, for the majority of consumers, there is less and less to choose between them.”

So maybe the biggest app store is not going to be as big of a selling point in the future for Apple as it has been, helping Android compete with only 20,000 apps.  Compete and win, if IDC is correct.

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There are apps that help you shop, apps that help you quit smoking, and apps that help you lose weight:  and apps to help you save your own life.  The recent earthquake in Haiti, which killed over 200,000 people, has spawned outpourings of compassion, and more importantly, donations for the Haitian people.  The destruction is devastating, and that makes survival stories all the more amazing.  An 84 year old woman spent hours trapped up to her neck in debris, a 5 year old boy spent an incredible 8 days in the rubble before being rescued – with a big smile on his face.  And Dan Woolley was trapped for over 2 days, using his iPhone to stay alive.

Dan Woolley was in Haiti working on a documentary about the impact of poverty on the people of the country.  He works for Compassion International, a charitable organization through which one can sponsor a child in an impoverished area.  Woolley’s leg had a compound fracture, and he had a cut on his head as a result of the 7.0 magnitude earthquake.  Injuries that are not typically life-threatening in normal circumstances can become deadly in conditions like the ones Woolley was exposed to.

His trusty iPhone had a first-aid app so he was able to learn how to treat his lead and his cut by making a tourniquet and bandages.  He set an alarm for every 20 minutes so he wouldn’t fall asleep, succumbing to injuries or missing the opportunity to alert rescuers.  Possibly the iPhone  also played an important role because he was able to distract himself and keep busy instead of turning to panic or despair.

Woolley says, “I was not going to let, you know, a mistake I might make trying to treat my wounds. I have basic first aid knowledge but not advanced and I did want to in my disoriented state just make a mistake. So, I know I had my iPhone. I opened it up, and I had an app that had pre-downloaded all this information treating wounds. So, I looked up excessive bleeding and I looked up compound fracture.”

And 65 hours later, he was rescued.  MacWorld recently reviewed several first-aid apps so minor injuries don’t turn into major ones – and major ones don’t turn into fatal ones.  You can find:

• CPR Buddy for 99 cents, which can help you time the rates of your CPR compressions (if you choose this one, make sure to check it out thoroughly before you’re ever called on to use it)
• American Medical Aid is a first-aid manual and emergency contact sheet (again, look it over to familiarize yourself with the layout).  This costs just $3.
• Another option is Pocket First-Aid and CPR, which helps you with just that for $4.
• ResQr First Aid & CPR Coach was the highest rated by the MacWorld article.  This app has first-aid info, nearest ER info, CRP instructions, and convenient graphic icons.  It costs $6.

A few bucks is a small price to pay.  Pick yourself up a first-aid app at the App Store – and learn how to use it.

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The New York Times reported yesterday that global music sales decreased by 10 percent in 2009.  According to the International Federation of the Phonographic Industry, in fact, sales have fallen 30 percent from 2004 to 2009.  The problem – besides continuing to make the all but obsolete compact disc – is, you guessed it, pirates.  John Kennedy, IFPI chief exec, says, “We’re all fed up with talking about piracy.  It’s boring to talk about piracy, but it is the problem and we can’t avoid it.”  So we’re going to bore with some pirate talk.

A few facts for you:  compact disc sales fell by 16 percent globally.  This translates into a few billion in lost revenue for the music industry.  In 2008, the industry generated revenue of $17.5 billion.  Last year, $15.8 billion.  The problem is that revenue from digital sales weren’t big enough to close that gap and make up the loss, even though internet, phone, and other digital sales rose by 12 percent to $4.2 billion.  These sales are 27 percent of the total industry revenue.  Revenue from iTunes and other downloading services is down, while the popularity of free, ad-paid streaming sites like Spotify is up.

When you’re talking about all these billions, it’s hard to feel sorry for the music industry.  But you do feel for the artists.  According to Kennedy, labels haven’t been willing to take the risk and invest in new talent and local artists.  A few more facts to digest:  domestic artist album releases declined by 60 percent; Spain’s music sales have been terrible and there was not a single native artist in the top 50 sellers of the year; and the biggie, according to the IFPI, 95 percent of music downloads are illegal.

Some countries have taken action to stem the tide of piracy.  France, Taiwan, and South Korea all passed laws that will result in internet connection loss for repeat offenders.  The UK’s Digital Economy Bill has provisions for that consequence as well.  Other countries, though, are slow to act.  Spain, for instance, says Mr. Kennedy, has a “a culture of state-tolerated apathy towards illegal file-sharing.”

Some say the solution is to offer consumers music in the way they want it, not in the way the music industry wants to give it to them.  People are clearly moving away from CDs and are gravitating towards free ad-based or even subscription based streaming sites.  Why not give them what they want and find a way to profit from that?

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Posted in: itunes, piracy, Spotify

What would we do without TiVo?  With this handy DVR, you can watch your favorite shows and pause, fast-forward, go slo-mo, or do a replay on live television.  For those of us who grew up with plain old TV with commercials, this is like a kid being set loose in a toy store.  You can also search by title, actor, keyword, or category, schedule your recordings on your computer or phone, record your favorite shows and put them on your phone or portable device so you can enjoy them anytime, anywhere.  TiVo also has the largest on-demand selection.  Their slogan:  “Your life simplified.”

But TiVo’s life has been far from simple.  The world’s best DVR company has filed suit against AT&T, alleging the phone giant of violating three of its patents.  TiVo is suing AT&T, iPhone’s sole carrier, of violating their patented technology which allows you to control live TV, as well as two other patents in their television services.  Microsoft has backed AT&T by suing TiVo.

What does this have to do with Microsoft?  According to the Wall Street Journal:

AT&T is Microsoft’s largest and most influential customer of its Internet video platform. When AT&T chose to go with an Internet-based TV service, it opted to work with Microsoft, which powers the video delivery platform, as well as the digital video recording technology.

So, they are now suing TiVo, saying that the DVR maker infringed on their patents, specifically ones that allow users to order and view shows and use an on-screen TV guide.

TiVo is standing strong; a company statement read, “We remain confident in our position that AT&T will be found to infringe on the TiVo patents asserted.”  So there, AT&T.   Microsoft has indicated a willingness to settle with TiVo, but will TiVo go for it?  If they will, they will collect money for every single subscription-TV operates that violated its patents.  This is a boat load of money.  They won more than $400 million from Dish Network recently in the same type of case.  ($305 million of that is under appeal.)

If TiVo wins their argument against AT&T, it will put them in a stronger position in cases with Dish, Echostar, and Verizon.  From what sources say, TiVo could use the money.  Sales of its subscription services and video recorders have decreased.  Stay tuned.

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Google is the default search engine on the immensely popular iPhone.  The popular search engine conducts about 2 billion searches each day – hundreds of millions use it to find everything from product information to directions to entertainment.  Google recently put out their own smartphone, Nexus One, and there has been an intense rivalry between the search giant and Apple.  Now, it appears that Apple is going to replace Google with another search engine, Bing.  What will this mean for users, iPhone, and Google?

Business Week broke the news that Apple is in talks with another of their rivals, Microsoft, to bring Bing to iPhones, saying, “In 2003, when Apple said its iTunes music software would work on PCs using the Windows software of its age-old rival, Microsoft, Apple made up posters that read “Hell Froze Over.” Hell may be getting frosty again.”

Users could, of course, navigate to Google even if they had Bing.  They may have to change their settings in order to do so, but it is possible they could use the engine.  However, being the default search engine carries a lot of financial benefits.  Google has been raking in money from ads that are in the paid section of the search results pages.  Bing could now be getting that revenue – and what’s more, Microsoft may be more amenable to sharing a higher percentage of the take with Apple than Google was.

Now for Google.  Will this hit their deep pocketbooks with any force?  iPhones and iPods are two of the leading devices for mobile searches in the country, so Google would lose financial strength there.  However, most of Google’s searches run through desktops and laptops.  They are also moving towards new areas of focus, such as their Android platform and Nexus One.  Google will still be a force to be reckoned with.

And users?  They may just use Bing, or they may jump through a hoop or two to get back to Google.  They may see Adobe Flash going out the window.  You can also just use the Google iPhone app, which uses voice technology.  So not a huge difference for Touch and iPhone users.

So what is Apple’s plan?  Some experts believe that Apple is just biding their time until they release their own search engine, heating up the rivalry with Google and its Android OS Nexus One even more.  Until then, it is likely that Bing is in – but you can still turn to Google or Yahoo for your search needs.

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