Tuesday, 2 April 2013

Apple sued over 'EarPods' trademark by hearing aid company

A digital hearing aid company has filed suit against Apple, claiming that the EarPod headphones the iPhone maker sells violate the trademark of a similarly named product: HearPods.
earpodpeople

As The Next Web reported on Monday, Randolph Divisions filed suit in the Hawaii District Court in Honolulu last week, claiming that the EarPods' name is too close to that of Randolph's own HearPods digital hearing aids. Randolph owns the HearPod corporation, which is based out of Nevada, and filed for the "HearPod" trademark in late 2005, receiving a subsequent registration in 2007. 

Randolph Divisions' suit seeks a permanent injunction based on "trademark infringement, unfair competition and dilution." It calls for the matter to be decided by a jury with a goal of destroying all Apple materials associated with the EarPod mark.

Apple introduced the EarPods in September of last year alongside the company's newest iPhone and iPod models. The $29 headphones also include a remote to control an iOS device and a microphone. Apple owns US trademarks for "EarPods" and "Apple EarPods," both of which were registered in 2013. 

Prior to revealing the devices, though, Apple failed to secure the domain names for earpod.com and earpods.com. Earpod.com currently redirects to MyHearPod.com, a site for Randolph's HearPods. 

Rumor: iOS 7 to see significant overhaul, development running behind schedule

According to the well-connected John Gruber, iOS users will see a difference in the operating system's UI when iOS 7 is released presumably alongside the next-generation iPhone, but Apple is struggling to implement the changes on time. 
iOS

Gruber, who runs Apple blog Daring Fireball, said Senior Vice President of Industrial Design and new head of Human Interface Jony Ive has apparently made noticeable visual tweaks to Apple's mobile platform. So much so, that "word on the street" has it that iOS engineers are required to put a polarizing filter over their iPhone displays to prevent onlookers from getting a glimpse of the new UI. 

The rumor was revealed in a Branch discussion regarding the latest Apple talk, with a number of well-known bloggers airing out their thoughts on what the company has in store for 2013.

Rene Ritchie of iMore, another well-informed blogger, chimed in, saying, "Ive's work is apparently making many people really happy, but will also apparently make rich-texture-loving designers sad." The quip is in regard to the skeuomorphic designs seen in iOS 6, such as the stitching elements found in Apple's Find My Friends app.

Gruber claims that iOS 7 development is "running behind," prompting OS X 10.9 engineers to be pulled from their work to lend a hand in getting the mobile OS ready in time for launch.

Google blames supposedly buried iTunes links on technical difficulties, fix on the way

Hours after media outlets caught wind of a potential search issue relating to direct iTunes App Store links, Google has issued a statement saying the problem has to do with fetching pages from iTunes' web servers.
Duplicate

As noted by Search Engine Land, a Google search restricted to Apple's iTunes server for "WhatsApp" returns regional results separately.

The search giant told The Verge late Tuesday that a server issue is to blame for a problem in which searches for iOS apps buried direct iTunes links in pages of results.

Google's statement:
We've been having some issues fetching pages from the iTunes web servers, and as a result some people may have had problems finding iTunes apps in search easily. We're working with the team there to ensure search users can find what they're looking for.

According to Danny Sullivan from Search Engine Land, the issue could be a "duplicate content problem" on Apple's side. 

"With duplicate content, you have two or more pages that are virtually identical to each other," Sullivan said. "That can confuse search engines and sometimes have the effect of 'splitting the vote' when it comes to ranking, so that neither page wins."

However, the fault may not entirely lie with Apple, as an identical search on Microsoft's Bing returns no duplicate content. 

Ouriel Ohayon, co-founder of AppsFire, first discovered the anomaly earlier on Tuesday after noticing a direct iTunes link to his WhatsApp messaging app was difficult to find when doing a basic Google search.

Monday, 1 April 2013

Apple's Q2 earnings conference call to take place on April 23

In an update to its Investor Releations webpage on Monday, Apple announced that its next quarterly conference call will take place on April 23, and is expected to cover the company's second quarter performance including profits and sales numbers.
2Q Conference Call

As usual, Apple's conference call will discuss the financial results for the company's fiscal quarter two, which spans from January to March. Apple CEO Tim Cook and CFO Peter Oppenheimer will likely be on the line to explain the results and offer a forecast for the next quarter. 

During the company's last quarterly conference call, it was announced that iPhone sales reached 47.8 million units over the holidays, a 29 percent boost from the same period a year ago. iPad sales were also strong, growing 48 percent year over year to 22.9 million units, but lower margins on the iPad mini held revenue growth for the tablet lineup to 22 percent from the year ago quarter.

Apple's conference call for the second quarter of 2013 is scheduled for Tuesday, April 23, at 2 p.m. Pacific / 5 p.m. Eastern. AppleInsider will be covering the call live, while an audio webcast is also to be made available.

AT&T to offer iPhone 5-compatible HD Voice later this year

At the VentureBeat Mobile Summit in Sausalito, Calif., on Monday, AT&T Senior Vice President Kris Rinne announced that the second-largest U.S. carrier will roll out support for HD Voice over its 4G LTE network sometime this year.
iPhone 5

Source: Apple

Rinne, who is in charge of network technologies at AT&T, said wideband audio, better known as HD Voice, will see deployment as the telecom moves voice calling over to its LTE network, reportsAllThingsD. Apple's iPhone 5 boasts hardware capable of delivering the high-quality audio, but in order to work, telecoms must also support the protocol. 

“HD Voice is part of our voice over LTE strategy,” Rinne said.

AT&T has been derided for its sub-par performance regarding the audio quality of its phone calls, with one informal test finding Sprint to have the best sound compared to AT&T and Verizon. As the "Big Four" U.S. carriers slowly move to next-generation wireless technologies, the networks' selling points appear to be moving from less dropped calls and signal strength to fastest data speeds and best sounding voice calls.

T-Mobile announced less than one week ago that it will be the first U.S. carrier to support the high-fidelity communications technology when it finally launches the iPhone 5 on April 12. Sprint has also sounded off about its own HD Voice offering, but the service has yet to materialize.

Sunday, 31 March 2013

Survey: Samsung takes the lead from Nokia, BlackBerry in key emerging markets


One of the big stories to follow in 2013 will be the intensifying competition among smartphone vendors for market share in important emerging markets such as China, Brazil and IndiaForbespoints us to a new survey from mobile marketing firm Upstream showing that Samsung (005930) is the most popular smartphone brand for prospective buyers in Brazil, Saudi Arabia and India, whileNokia (NOK) holds onto the top spot in Nigeria, where Samsung didn’t register on the survey. The survey also contained some potentially troubling news for BlackBerry (BBRY), which only registered double-digit interest from prospective buyers in Nigeria while falling below 10% in the other three countries. Upstream founder and CEO Marco Veremis tells Forbes that BlackBerry and Nokia tend to do well in African nations because they provide “easy access to social networks and the Web” and, especially in Nokia’s case, they offer superior battery life.

Dell warns of risks of remaining a public company


By Greg Roumeliotis and Poornima Gupta
NEW YORK/SAN FRANCISCO (Reuters) - Dell Inc warned on Friday that it would be dangerous to take on a lot of debt and remain a public company given its worsening profit outlook, in a sign that it views proposals from Blackstone Group LP and billionaire investor Carl Icahn as fraught with risk.
The No. 3 maker of personal computers published a 274-page preliminary proxy statement to inform Dell shareholders of how a $24.4 billion buyout proposal from founder and Chief Executive Michael Dell and private equity firm Silver Lake Partners was put together, and why it is the best of all the alternatives the company's board had explored.
Icahn has proposed paying $15 per share for 58 percent of Dell, while Blackstone has indicated it can pay more than $14.25 per share -- both deals involve saddling the company with a lot of debt and keeping it on public markets. Silver Lake's $13.65 per share all-cash offer would see Dell go private.
Dell's proxy statement did not directly pass judgment on the Blackstone and Icahn bids, yet it warned that any leveraged recapitalization was risky if the company was to remain public.
"Even when taking into account the certain value distributed to stockholders, (a leveraged recapitalization) would be unlikely to result in an aggregate value exceeding the $13.65 per share merger consideration and would present a number of risks and challenges," Dell said in the statement, referring to its special committee's review.
Such a move would decrease employee, customer and supplier confidence in the company's long-term prospects and potentially limit the company's ability to aggressively implement its long-term business strategy, Dell added.
Under all scenarios examined by Boston Consulting Group, which carried out an independent analysis for Dell, revenues are seen slipping every year to 2016. Dell's board expects fiscal 2014 operating income of $3 billion, down from last summer's internal forecast of as much as $5.6 billion, the proxy shows.
LONG NEGOTIATIONS
Dell painted an account of arduous negotiations. It set up a special committee to evaluate all the company's options aiming to placate concerns over potential conflicts of interest facing Michael Dell.
The CEO owns 15.7 percent of the company he started in 1984 out of his college dorm room with $1,000. Under his take-private deal, Michael Dell and his investment firm would own 75.9 percent of the company, with Silver Lake owning the rest.
Dell said Michael Dell's and Silver Lake's post-buyout plan anticipated adding a significant number of sales personnel and boosting spending on research and development. There are no plans to embark on major assets sales following the buyout, it added,
The restructuring plan envisioned, were it to be carried out with Dell as a public company, would not be palatable to shareholders and the stock could suffer, Dell said.
Dell also said a strategic party, whose identity it did not disclose, expressed interest on January 24 to acquire its financial services business for its book value, estimated at between $3.5 billion and $4.5 billion, excluding debt.
A standalone deal of this kind would not benefit the company, Dell concluded.
BLACKSTONE MEETINGS
Michael Dell met with Blackstone and its buyout partner Francisco Partners on March 7 and 8 during a 45-day, so-called "go-shop" period when other bidders are invited to make offers, the proxy said, indicating that Blackstone explored early on the possibility of keeping Michael Dell as CEO.
Michael Dell also met earlier this week with Blackstone's senior managing directors Dave Johnson and Chinh Chu, although the outcome of those discussions has yet to become clear, a person familiar with the matter said on Friday.
Michael Dell has expressed concern that Blackstone's offer would dismantle the PC maker he founded in 1984, two people close to Michael Dell have told Reuters.
The founder is worried that the buyout firm's plans would be inconsistent with his strategy to reinvest in the company, they added.
Blackstone has already made an unsuccessful push to recruit Oracle Corp President Mark Hurd to run Dell if it takes over the company, one source familiar with the situation said last week.
Dell revealed that its special committee, chaired by businessman Alex Mandl and set up to assess all possible strategic alternatives for the company, also comprises of board members Laura Conigliaro, Janet Clark and Kenneth Duberstein.
The proxy statement shows how Silver Lake raised its bid six times by about $4 billion, or over 20 percent, during the course of the negotiations. The final agreed price of $13.65 per share in cash is below where Dell shares ended trading on Thursday at $14.33.
Before approving the deal and announcing it on February 5, Dell spent more than five months evaluating alternatives that included a leveraged recapitalization and selling all or part of the business.
Dell was regarded as a model of innovation as recently as the early 2000s, pioneering online ordering of custom-configured PCs and working closely with Asian component suppliers and manufacturers to assure rock-bottom production costs.
But as of 2012's fourth quarter, Dell's share of the global PC market had slipped to just above 10 percent from 12.5 percent a year earlier, according to research house IDC. The proxy statement shows how the special committee wrested with the notion of staying public as the company's financial fundamentals weakened.
Dell's detailed regulatory filing also showed how Microsoft Corp's Windows operating system - which once had a chokehold over the whole PC market, is being undermined by other software.
Dell said it is seeing uncertain adoption of Microsoft's new Windows 8 operating system, which was launched with much fanfare last year, and an unexpected slowdown in Windows 7 upgrades by businesses.
(Reporting by Gregory Roumeliotis in New York, Poornima Gupta in San Francisco; Editing by Chizu Nomiyama, David Gregorio, Tiffany Wu and Leslie Gevirtz)

Youth flock to mobile messaging apps, may be threat to Facebook


By Gerry Shih and Alexei Oreskovic
SAN FRANCISCO (Reuters) - Create personal profiles. Build networks of friends. Share photos, videos and music.
That might sound precisely like Facebook, but hundreds of millions of tech-savvy young people have instead turned to a wave of smartphone-based messaging apps that are now sweeping across North America, Asia and Europe.
The hot apps include Kik and Whatsapp, both products of North American startups, as well as Kakao Inc's KakaoTalk, NHN Corp's LINE and Tencent Holdings Ltd's WeChat, which have blossomed in Asian markets.
Combining elements of text messaging and social networking, the apps provide a quick-fire way for smartphone users to trade everything from brief texts to flirtatious pictures to YouTube clips — bypassing both the SMS plans offered by wireless carriers and established social networks originally designed as websites.
Facebook Inc, with 1 billion users, remains by far the world's most popular website, and its stepped-up focus on mobile has made it the most-used smartphone app as well. Still, across Silicon Valley, investors and industry insiders say there is a possibility that the messaging apps could threaten Facebook's dominance over the next few years. The larger ones are even starting to emerge as full-blown "platforms" that can support third-party applications such as games.
To be sure, many of those who are using the new messaging apps remain on Facebook, indicating there is little immediate sign of the giant social media company losing its lock on the market. And at a press event this week, the company will unveil news relating to Android, the world's most popular smartphone operating system, which could include a new version of Android with deeper integration of Facebook messaging tools - or possibly even a Facebook-branded phone.
But the firms that can take over the messaging world should be able to make some big inroads, investors say.
"True interactions are conversational in nature," says Rich Miner, a partner at Google Ventures who invested in San Francisco-based MessageMe, a new entrant in the messaging market. "More people text and make phone calls than get on to social networks. If one company dominates the replacement of that traffic, then by definition that's very big."
Facebook spokespeople declined to comment for this article, citing this Thursday's planned announcement.
Facebook's big challenge is reeling back users like Jacob Robinson, a 15-year old high school student in Newcastle upon Tyne in the U.K., who said the Kik messaging app "blew up" among his friends about six months ago. It has remained the most-used app on his Android phone because it is the easiest way for him to send different kinds of multimedia for free, which he estimated he does about 200 times a day.
Robinson said he trades snapshots of his homework with friends while they stay up late studying for their exams — or not.
"We also stay up in bed with our phone all night, just on YouTube searching for funny videos, then you quickly share it with your friends," he added. "It's easy. You can flip in and out of Kik."
Facebook "has really started to lose its edge over here," said Robinson, who found his interactions on Facebook less interesting than his real-time chats.
Waterloo, Ontario-based Kik has racked up 40 million users since launching in 2010. Silicon Valley entrants in the race include Whatsapp, funded by Sequoia Capital, and MessageMe, launched earlier this month by a group of viral game makers. MessageMe has received seed-stage funding from True Ventures and First Round Capital, among others, and claimed 1 million downloads in its first week.
Meanwhile, Asian companies are producing some of the fastest-growing apps in history. Tencent's WeChat boasts 400 million users - far more than Twitter, by way of comparison - while LINE and KakaoTalk claim 120 million and 80 million users, respectively. Both have laid the groundwork to expand into the U.S. market.
MOBILE WAVE
The growth in the messaging apps reflect the dramatic shift in Internet usage in recent years, as Web visits via desktop computers have stagnated while smartphone ownership and app downloads have skyrocketed.
Chief Executive Mark Zuckerberg has publicly called Facebook a "mobile company" to emphasize the company's priorities. Last year, he splashed $1 billion for photo-sharing app Instagram, which has remained red hot, while Facebook also launched its own Messenger app, offering a suite of smartphone communication tools.
Still, Facebook has also been forced to play defense. Earlier this year, the company cut off its data integration with a young startup called Snapchat and then mimicked its feature with a new messaging tool called Poke, which sends messages that self-destruct. It has also shut off its integration with messaging apps like MessageMe and Voxer.
At the same time, Facebook has also hired graphic artists to draw emoticons and graphics for Messenger that emulate features of the wildly popular Asian apps like LINE, according to people with knowledge of the matter.
Dave Morin, an early Facebook employee who left to found the "private" social network Path in 2010, said he recognized last summer the critical role of messaging functions in smartphone apps, and quickly began working to incorporate them.
Since Path released a new version of its app earlier this month, the number of Path's daily users has risen 15 percent, which Morin attributed to the new messaging features.
"What's the number one reason why people have this thing?" said Morin, holding up his iPhone. "It's to call, to text, to communicate."
Messaging, Morin added, is "the basis for the mobile social network."
PLATFORM THREAT
While established social networks move to incorporate messaging features, the new-wave messaging apps are looking to grow into social networking platforms that support a variety of features and enable innovations from outside developers.
"The tried and true approach for a social network is first you build a network, then you build apps on your own, then you open it up to third party developers," said Charles Hudson, a partner at early stage venture capital firm SoftTech VC.
The moves mirror Facebook's younger days, when its user growth and revenues were boosted by game publishers like Zynga Inc, which made popular games like FarmVille for the Facebook platform.
In the South Korean market, for instance, eight of the top ten highest grossing Android apps are games built on top of KakaoTalk. Tencent announced in November that it would introduce a mobile wallet feature enabling payment for goods with WeChat. And Tencent also makes money in China by using the app's location data to displaying nearby merchants' deals to potential customers.
If the messaging apps reach a certain scale, they could form networks that rival Facebook's "social graph," the network of user connections and activities that enable highly targeted delivery of content and advertising.
"The folks on your address book are very different from your Facebook friends and your LinkedIn contacts, and that's a natural place for a very powerful graph to be created," said Jim Goetz, a partner at Sequoia Capital.
Ted Livingston, the 25-year old chief executive of Kik, said he developed the capability for his service to support external features in November, and he plans to open the platform to outside developers in the near future.
Livingston said Kik and Whatsapp were "in a race to see who's the first to build a platform."
Whatsapp, which has been the most widely downloaded communication app for both iOS and Android in recent months, according to analysis firm App Annie, has been profitable by selling subscriptions to its service for $1 a year. Although it has remained mum about its platform plans, the company has been rumored to be in talks with Asian game publishers about hosting games, according to news reports in South Korea.
Goetz declined to address the reports, saying only that because it relied on a subscription business model, Whatsapp did not need to sell games or ads to make money.
Still, he said, the Whatsapp team "spends a lot of time thinking about the developer community."
DEAL POTENTIAL
Established social networking giants could also swoop in for the upstarts - and Facebook has demonstrated its appetite for acquisitions.
Indeed, investors are eyeing a round of potentially lucrative buyouts resembling the series of deals involving group messaging applications in 2011.
Facebook acquired group messaging app Beluga in March of that year, enlisting its founders to help build its own stand alone app, Messenger, which launched six months later.
In late 2010, First Round Capital, an early stage venture capital firm, invested in GroupMe, a group messaging startup that was sold to Skype just fifteen months after it launched.
Kent Goldman, a First Round partner who has backed MessageMe, said it was unlikely that the market in the long term could support numerous independent messaging startups, which by their nature become more powerful as they grow larger.
"You don't want to be the smallest one when the music stops," he said.
(Editing by Jonathan Weber, Martin Howell and Chris Reese)

Saudi orders telcos to ensure Skype, Whatsapp meet local laws


RIYADH (Reuters) - Some Internet-based communication tools such as Skype and Whatsapp floutSaudi Arabia's telecom laws, the regulator said on Sunday, instructing telecom operators to quickly ensure these services comply.
The announcement from the kingdom's Communications and Information Technology Commission(CITC) follows local newspaper reports last week that claimed the government had asked telecom companies to look at ways to monitor or block these services.
"It has become evident that some communication applications through (the) Internet don't meet regulatory requirements," CITC said in a statement on its website.
"The authority has informed licensed (telecom) providers of the need to work with the developers of these applications to quickly meet these requirements."
The statement listed Voice over IP (VoIP) providers Skype and Viber as well as Internet-based instant messaging service Whatsapp.
But it did not state what laws these applications had flouted, how long they would be given to comply with the regulations or what action would be taken if they failed to heed the instruction.
The CITC said it was acting to "protect society from any negative aspects that could harm the public interest".
Saudi's three mobile operators - Saudi Telecom Co, Etihad Etisalat (Mobily) and Zain Saudi - were not immediately available for comment.
The kingdom appears to making a greater push for greater control over cyberspace as Internet and smart phone usage soars, in part due to strict laws that limit opportunities for people to mix.
Mobile penetration was 188 percent by the end of 2012, CITC data shows. Saudi now has 15.8 millionInternet subscribers and the average user watches three times as many online videos per day as counterparts in the United States, according to YouTube.
On Saturday, the English-language Arab News daily said Saudi Arabia may try to end anonymity for Twitter users in the country by limiting access to the site to people who register their identification documents, although it was unclear how such restrictions could be enforced.
Telecom operators can block content and access to particular sites, but this becomes more difficult if a user already has the application installed on a device.
For example, Skype and other foreign-based VoIP providers are widely used in the neighboring United Arab Emirates, despite an official ban, with residents downloading the software via virtual private networks or while abroad. Once installed, these can be used inside the UAE.
(Reporting by Marwa Rashad and Reem Shamseddine; Writing by Matt Smith; Editing by Catherine Evans)

Best Buy adding Samsung Stores in time for Galaxy S4 launch


Samsung Best Buy
Over the last two years, Best Buy stores have dramatically increased the number of smartphones and tablets they carry. Starting next month, you may find that Best Buy employees are much more inclined to offer you a Samsung product from their new Samsung section in the mobile department.
The Apple section of a Best Buy is unlike anything else in the store. Intentionally, this section of the PC department looks as though a piece of an Apple store was removed and then directly installed into a Best Buy. The displays are well spaced and allow a personal experience between you and the demo unit you are touching, instead of the cramped tables in the rest of the department where you’re bumping shoulders with the next prospective PC buyer. Even when there are lots of people in the Apple section of a Best Buy, you can still walk around and see all of the products. The employees tasked to those areas are always knowledgeable and friendly as well, it’s as close to an Apple store experience as you can get in a Best Buy. No other brand in a Best Buy gets this treatment in the PC section, but starting in about a month Samsung is going to have a similar section in the mobile department.
Galaxy S4 downloadGeek.com has been told that the first wave of high traffic Best Buy locations will soon be receiving instruction to remove two aisles next to their mobile department and prepare to install a new Samsung store. This new section will be dressed in large Samsung signage and offer custom demo stations for many of Samsung’s products. Locations with the new section will be issuing special training sessions for employees in the mobile department, focusing heavily on how to show off Samsung-specific features.
The then newly released Galaxy S4 is expected to be the star of the show, but Samsung will also be using the space to show off their other smartphones and tablets. Later in the year, a second redesign wave will hit other Best Buy stores, ending eventually with a Samsung store in every Best Buy.
Best Buy’s role in the mobile space as become increasingly active, starting with pre-orders for new smartphones and tablets that often end in lines wrapping around stores. A heavy Samsung focus should be cause for concern for other manufacturers of Android handsets. The Galaxy S3 helped Samsung grab a major share of Android market, and even with impressive phones like the HTC Onelooking to steal some of it back this year, the new Galaxy S4 is widely anticipated to be the star of 2013. Having a special section in a retailer that already makes it easy for users to come in and demo products will be a significant advantage for Samsung, and could help Best Buy in the long run.

Apple's new iPhone? Wraparound display, no buttons


apple iphone patent design flexible display
Could a future iPhone feature a wraparound display?
According to a new patent filed by Apple, patent application 20130076612, a potential smartphone design could include a full wraparound display and have no buttons. Enclosed within "transparent housing," a flexible display panel would be configured to display content at any portion of the gadget's frame.
The patent application explains:
"The majority of portable electronic device manufacturers utilize a common form factor consisting generally of a flat planar form factor with a single surface dedicated mainly for use as a display surface, while the other surfaces remain largely unused, save for the occasional button or switch."
Potentially, the smartphone could contain up to two AMOLED screens. Standing for Active Matrix OLED -- these types of screen pair a traditional TFT display with an OLED display. Due to their active matrix, AMOLED screens have faster pixel switching, which means that response types are higher than OLED displays. The use of AMOLED and a conical shape for the flexible panel could offer users "an illusion of depth perception [...] mimicking a 3D experience."
In addition, the patent explains that facial recognition technology could be used to detect a registered end-user of the smartphone.
The aim of the new design is to make use of "unused space" which is typical with any current mobile device, extending functionality to both the back and the sides of a gadget. Therefore, Apple may be considering the use of curved screens and a flexible display which not only is touch-responsive, but makes use of the surface on both sides of a future iPhone.
The patent proposes that touch replace buttons entirely -- and a coating could be added to the display to reduce smudge marks and keep the gadget looking pretty. As an example, the application says that "Instead of the hold button a multi touch gesture along one of the sides could instead act as a method of locking and unlocking the hold function."
The new design relies heavily on flexible display technology, but in order to limit the possibility of damage, the patent describes the phone as being incased in glass -- bent into a conical shape, but serving as protection in case you drop your gadget. With such advances being made in the smartphone industry -- and the market already crowded with operating systems, similar phone designs and application ecosystems -- perhaps Apple's move into flexible displays could help the firm keep its dominant position.

Biting the hand that feeds you: why are record labels fighting Pandora?


A few years ago, leaders from the major record companies planted the seeds from which they hoped would spring the next generation of music distributors.
Apple's iTunes, the overwhelming leader in the sector, went largely unchallenged. Megastores like Tower Records and Sam Goody had vanished long before. Apple used its position as the top music store to dominate the labels, gradually pushing them to give up DRM while limiting their ability to price music. In response, the record companies licensed unproven streaming and subscription services in the hope that some of them would find audiences. The labels dubbed these services "access models" and the surviving companies — YouTube, Rdio, Spotify, Vevo, Pandora — are now starting to bear fruit.
"THIS UNDERSCORES HOW VITAL IT IS TO PROTECT THESE INCREASINGLY IMPORTANT REVENUE STREAMS."
The money generated from these nascent businesses totaled $1 billion last year,according to a report issued Tuesday by The Recording Industry Association of America (RIAA), the trade group representing the largest record companies. After a decade of plummeting revenue, it's a safe bet that label managers will cling tightly to these new sources of cash, since the access models are the fastest growing segment of the music business.
But the RIAA's numbers also raise the question about how far the labels are willing to go to nurture this new wave of distributors. Spotify and Pandora, neither of which has found profitability, are each seeking to lower music costs. For the record companies, it's like walking a tightrope. They must balance their desire to maximize profits while they avoid killing the new revenue stream in its infancy. If access models fail, the labels risk ending up back in a world where a single player like Apple holds all the power.
"IRADIO IS COMING. THERE'S NO DOUBT ABOUT IT ANYMORE."In February, The Verge broke the news that Spotify is in negotiations to renew licenses with the record companies, with Spotify asking for significant price breaks. Music sources have said that the industry is confident that a deal will get done relatively quickly as the labels are eager to help Spotify. But Pandora faces a much tougher road. Sources say the labels have a love-hate relationship with the web's top radio service. Yes, Pandora paid an estimated $275 and $325 million to labels and artists, but the labels argue Pandora chokes off demand for other services that are more profitable for them.
In its biggest market, the United States, Pandora doesn't negotiate for music licensesdirectly with the record labels. The company takes advantage of a royalty rate set by Congress available for any web radio service. Pandora now says the statutory rate is too high for it to build a profitable business.
Last year, the web's top radio service tried getting the Internet Radio Fairness Act (IRFA) passed. The bill went nowhere, but Pandora, which is looking for a new CEO, is expected to take another run at Congress. Any reduction in the royalty rate cuts directly into the music labels profits. They helped derail IRFA and will continue to fight.
BATTLING PANDORA WILL BE TRICKY FOR THE MUSIC SECTORBattling Pandora will be tricky for the music sector. Multiple music industry insiders have told The Verge that the labels consider Pandora a capable and communicative partner. Then there's the money. According to the RIAA report and statements made by SoundExchange, the group that collects royalties from web radio services, Pandora contributes about 25 percent of all the money the labels receive from the access models. (Incidentally, SoundExchange's revenue was up 58 percent last year.) But this is precisely why the RIAA won't budge on the rates. Sources say that the labels believe web radio is bigger than Pandora and the market will expand soon. Apple is coming.
Much has been written about Apple's plan to launch a Pandora-esque service this year. Now multiple music industry insiders have told The Verge that significant progress has been made in the talks with two of the top labels: Universal and Warner. One of the sources said "iRadio is coming. There's no doubt about it anymore." Apple is pushing hard for a summertime launch.
"Access models are our present and our future," Cary Sherman, the RIAA's CEO, told The Verge. "[This] underscores how vital it is to protect these increasingly important revenue streams."
The New York Post reported last month that Apple wants to pay 6 cents per 100 song streams. According to the Post story, Pandora currently pays under the statutory rate 12 cents per 100 spins. By comparison, Spotify pays as much as 35 cents.
Whatever the ultimate rates, if the labels give Apple a better deal, that would give Pandora plenty of ammunition to argue on Capitol Hill that web radio is getting screwed.

Who needs Xbox? Mozilla wants to bring console-quality games to your browser

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At first glance, the idea of playing Bioshock Infinite on your web browser sounds like a pipe dream. But according to Ars Technica, it’s a pipe dream that Mozilla is working very hard to make real by porting Epic Games’ Unreal Engine 3 onto its open-source Firefox web browser. To achieve this daunting task, Ars says Mozilla “has been working on WebGL, in order to bring 3D graphics to the browser; Emscripten, a tool for compiling C++ applications into JavaScript; and asm.js, a high performance subset of JavaScript.”
It goes without saying that bringing the Unreal Engine 3 to the web would be a very impressive feat, since it’s used to power such A-list games as the aforementioned Bioshock Infinite, Mass Effect 3 and Batman: Arkham City. The biggest challenge facing Mozilla at the moment, writes Ars, is cutting down on waiting times for in-browser games because under the current system you’d likely wait up to half hour just to stream “a gigabyte of map data and texture from a Web server.” The Khronos Group, which is responsible for developing WebGL, is working this problem by developing “a common set of data formats for 3D models, textures, and other resources that 3D applications need,” Ars reports.
While there’s no timetable for when Mozilla plans on unleashing its Unreal Engine browser port, it certainly sounds like a welcome development for gamers who are constantly dealing with performance issues on their PCs and have trouble keeping up with newer games.