SAN JOSE (United States): Lawyers for Apple and Samsung exchanged barbs as a major new patent trial opened on Tuesday, debating the role of a company not even part of the case — Google.
Apple's legal team vowed to prove that Samsung flagrantly copied iPhone features and should pay more than $2 billion in damages, as the two smartphone giants squared off anew in a California courtroom. Apple attorney Harold McElhinny opened his presentation with a video showing legendary Apple co-founder Steve Jobs introducing the first iPhone in 2007.
By putting computing power in smartphones powered by fun software and easy-to-use touch-screens, Apple transformed the market, sending Samsung onto its heels, according to McElhinny.
The attorney told jurors in his opening statement that they would see internal Samsung documents and messages showing that the company felt it was suffering “a crisis of design” with the difference between its devices and the smartphone “a difference between Heaven and Earth.”
Apple said evidence will show that the South Korean electronics giant sold more than 37 million infringing smartphones and tablets in the United States.
California-based Apple would have demanded royalties of about $40 per device to license the patented technology to Samsung, according to McElhinny.
The overall amount being sought by Apple in damages from Samsung will top $2bn, the lawyer explained.
“This case is not about Google,” McElhinny told jurors. “It is Samsung, not Google, that chose to put these features into its phones.”
But Samsung's lawyer told the jurors in the San Jose, California court that the case was indeed about Google, and Apple's struggle against the maker of the Android operating system which is now winning in the global marketplace.
'Attack on Android'
“It's an attack on Android, that is what this case is,” attorney John Quinn said. “Apple is trying to limit consumer choice and gain an unfair advantage over Google's Android.” Quinn contended that four of the five patents at issue in the trial are not used in Apple mobile devices, but because of features built into Android software by Google engineers litigation was pursued.
He promised jurors that Google engineers would be called to testify to how they independently designed Android software and did not copy Apple. Samsung is the world's leading maker of smartphones and tablets built using Google's free Android mobile operating system.
Android smartphones dominate the global market, particularly in devices offered for lower prices than iPhones.
“Apple is an amazingly innovative company, but in some respects, Google's Android has passed them,” Quinn said.
“Apple is trying to gain from you in this courtroom what it has lost in the marketplace.”In August 2012, a separate jury in the same court decided that Samsung should pay Apple $1.049bn in damages for illegally copying iPhone and iPad features, in one of the biggest patent cases in decades.
BRUSSELS: The European Commission announced plans on Thursday to tackle one of the scourges of the modern age - games on tablets and mobile phones that allow adults and children to rack up vast credit card bills by making "in-app" purchases.
After concerns were raised by consumer groups in Denmark, Britain, Italy and Belgium, the Commission will hold talks with the industry, policymakers and consumer protection authorities on Thursday and Friday to consider clearer guidelines.
The main concern is that games are often labeled as "free to download" but are not "free to play", with purchases automatically debited from a registered credit card. More than half of online games in the EU are advertised as "free", the Commission says, despite many carrying hidden costs.
"Misleading consumers is clearly the wrong business model and also goes against the spirit of EU rules on consumer protection," said the EU's justice commissioner, Viviane Reding.
"The European Commission will expect very concrete answers from the app industry to the concerns raised by citizens and national consumer organizations."
Europe's "app" industry has grown exponentially in recent years as the use of smart phones and tablets has boomed, allowing consumers to access games and applications on the run.
The EU market is expected to be worth 63 billion euros ($86 billion) within the next five years, according to figures from the Commission. Users in Britain, Germany, France, Italy, Spain, the Netherlands and Belgium spent an estimated 16.5 billion euros on online games in 2011 alone.
Many of those playing the games are children and teenagers, who often end up charging fees to the registered credit card without realizing it or without parental approval. Adults often make the same mistake, but must take responsibility.
In one case in Britain, an 8-year-old girl managed to run up a bill of 4,000 pounds ($6,700) making "in-app" purchases from games such as My Horse and Smurfs' Village. In that instance, Apple reimbursed the girl's father.
"Consumers, and in particular children, need better protection against unexpected costs from in-app purchases," said Neven Mimica, the European commissioner for consumer policy.
In-app purchases can be disabled on most mobile devices.
Among the proposals to be discussed are clearer explanations in games about the costs involved, removing inducements to make purchases such as "Buy now!" and "Upgrade now!" and preventing payments being debited without explicit consent.
The meeting will also discuss whether companies should provide an email address that allows consumers to contact them immediately with any queries or complaints.
Among the companies taking part are Apple and Google, alongside consumer protection agencies from Denmark, Britain, France, Italy, Belgium, Lithuania and Luxembourg.
NEW YORK: Facebook is buying mobile messaging service WhatsApp for $19 billion in cash and stock, by far the company's largest acquisition and bigger than any that Google, Microsoft or Apple have ever done.
The world's biggest social networking company said Wednesday that it is paying $12 billion in Facebook stock and $4 billion in cash for WhatsApp. In addition, the app's founders and employees — 55 in all — will be granted restricted stock worth $3 billion that will vest over four years after the deal closes.
The deal translates to roughly nine per cent of Facebook's market value. In comparison, Google's biggest deal, Motorola Mobility, stood at $12.5 billion, while Microsoft's largest was Skype at $8.5 billion. Apple, meanwhile, has never done a deal above $1 billion.
The price stunned Gartner analyst Brian Blau. ''I am not surprised they went after WhatsApp, but the amount is staggering,'' he said.
Facebook likely prizes WhatsApp for its audience of teenagers and young adults who are increasingly using the service to engage in online conversations outside of Facebook, which has evolved into a more mainstream hangout inhabited by their parents, grandparents and even their bosses at work.
''This is a bet on the future for Facebook,'' Blau said. ''They know they have to expand their business lines. WhatsApp is in the business of collecting people's conversations, so Facebook is going to get some great data.''
In that sense, the acquisition makes sense for 10-year-old Facebook as it looks to attract its next billion users while keeping its existing 1.23 billion members, including teenagers, interested. The company has said it will develop a ''multi-app'' strategy, creating its own applications that exist outside of Facebook and acquiring others.
''Facebook seems to be in acknowledgement that people are using a lot of different apps to communicate,'' said eMarketer analyst Debra Aho Williamson. ''In order to continue to reach audiences, younger in particular, it needs to have a broader strategy...not put all its eggs in one basket.''
Facebook said it is keeping WhatsApp as a separate service, just as it did with Instagram, which it bought for about $715.3 million in two years ago.
WhatsApp has more than 450 million monthly active users. In comparison, Twitter had 241 million users at the end of 2013.
Facebook CEO Mark Zuckerberg says WhatsApp is on path to reach a billion users. ''The services that reach that milestone are all incredibly valuable,'' Zuckerberg said.
WhatsApp, a messaging service for smartphones, lets users chat with their phone contacts, both one-on-one and in groups. The service allows people to send texts, photos, videos and voice recordings over the Internet. It also lets users communicate with people overseas without incurring charges for pricey international texts and phone calls.
It costs $1 per year and has no ads. The deal is expected to close later this year. Shares of Menlo Park, California-based Facebook slid $1.12 to $66.94 in extended trading after the deal was announced.
MUMBAI: As Facebook celebrates its 10th birthday, one of its biggest challenges is to tap the mobile market in emerging Asian economies, where it can drive expansion after growth in the West tapers off.
India is expected to overtake the United States as the country with most Facebook users in 2014, with its total number forecast to surge beyond the 150 million mark from the current 93 million level.
But despite its rapid growth in parts of Asia, experts say Facebook cannot afford to be complacent and locally-tailored competitors are threatening to steal its thunder in countries such as Indonesia.
With Internet penetration still relatively low in Asia's emerging economies, many people's first online experience comes when they log on with a mobile phone.Kevin D'Souza, Facebook India's head of growth and mobile partnerships, says the key to success in emerging markets therefore depends on encouraging access via basic mobiles known as “feature phones”.
“We're already seeing the majority of users sign up to Facebook on mobile devices,” D'Souza told AFP.
“A large chunk of mobile phone users in India are feature phone users, and with low price points, these devices are becoming the first Internet connected device many people will own.”
He said more than 100 million people globally are now using the “Facebook for Every Phone” app specifically for non-smartphones and many of the next billion users Facebook hopes to attract are expected to do the same.
The Nokia Asha 501 feature phone now comes preloaded with Facebook, while India's telecom giant Bharti Airtel announced last month that it would offer free Facebook access in nine local languages to prepaid customers.
In India, more than 40 percent of the 1.2 billion population have cell phones but barely five percent are smartphone users, according to estimates by consultancy Analysys Mason.
Nevertheless, researchers at eMarketer predict India will reach 152.4 million Facebook users this year, surpassing the 151.1 million forecast for the US.The growing importance of mobile Internet access was demonstrated with Facebook's strong earnings released last week.
Advertising revenue surged to $2.34 billion in the quarter, up 76 percent over the past year, and more than 53 percent of that figure was mobile advertising revenue -- up from 23 percent in the fourth quarter of 2012.
“2013 was the year we turned our business into a mobile business,” said boss Mark Zuckerberg, who began the company as a student a decade ago, since when it has swelled to attract 1.23 billion active users worldwide.
Aakrit Vaish, a founder of mobile company Haptik, said it was not just the sheer population size that made India such a big Facebook player.
“Culturally in our country we have always been, for better or worse, very inquiring about other people's lives,” he said.
He believes an additional benefit for Facebook in India has been the prominence of English speaking among the urban elite, who were the first to get access to the social network.
The same is true of the Philippines, where more than one in three people are on Facebook according to marketing agency We Are Social whose data shows the country spending more hours per day on social media than anywhere else in Asia.
Facebook has overtaken mobile text messaging as a key communication tool, also embraced by Philippine politicians and activists -- President Benigno Aquino's Facebook page has more than three million “likes”.
Protesters last year used the network to vent anger over the misuse of state funds by lawmakers, snowballing into a mass rally in Manila in August.
But experts say that Facebook's dominance in some Asian markets faces a threat from competitors who are adapting to local tastes.
With Facebook banned from China since 2009, Indonesia has the second largest number of users in Asia, with around 65 million.—AFP
NEW YORK: IBM Corp has been sued by a shareholder who accused it of concealing how its ties to what became a major US spying scandal reduced business in China and ultimately caused its market value to plunge more than $12 billion.
IBM lobbied Congress hard to pass a law letting it share personal data of customers in China and elsewhere with the US National Security Agency in a bid to protect its intellectual property rights, according to a complaint filed in the US District Court in Manhattan.
The plaintiff in the complaint, Louisiana Sheriffs' Pension & Relief Fund, said this threatened IBM hardware sales in China, particularly given a program known as Prism that let the NSA spy on that country through technology companies such as IBM.
The Baton Rouge pension fund said the revelation of Prism and related disclosures by former NSA contractor Edward Snowden caused Chinese businesses and China's government to abruptly cut ties with the world's largest technology services provider.
It said this led IBM on October 16 to post disappointing third-quarter results, including drops in China of 22 percent in sales and 40 percent in hardware sales.
While quarterly profit rose 6 percent, revenue dropped 4 percent and fell well below analyst forecasts.
IBM shares fell 6.4 percent on October 17, wiping out $12.9 billion of the Armonk, New York-based company's market value.
The lawsuit names IBM, Chief Executive Virginia Rometty and Chief Financial Officer Mark Loughridge as defendants, and says they should be held liable for the company's failure to reveal sooner the risks of its lobbying and its NSA ties.
"These allegations are ludicrous and irresponsible and IBM will vigorously defend itself in court," IBM spokesman Doug Shelton said in an e-mail.
The Louisiana fund is represented by Bernstein, Litowitz, Berger & Grossmann, a prominent class-action specialist law firm. It seeks class-action status on behalf of shareholders from June 25 to October 16, 2013, and damages for shareholder losses.
Loughridge is retiring as CFO this month at age 60, which IBM calls its traditional retirement age. Martin Schroeter, who has been IBM's head of global finance, is replacing him.
MUMBAI: An emotional advertisement for Google's search engine has become a hit in India and Pakistan by surprisingly invoking a searing and traumatic period in the shared history of the South Asian archrivals.
Officially debuting on television Friday, the commercial already has been viewed more than 1.6 million times on YouTube.
"Reunion" portrays two childhood friends, now elderly men, who haven't seen each other since they were separated by the 1947 partition that created India and Pakistan from the old British empire in South Asia. Partition sparked a mass exodus as millions of Muslims and Hindus fled across the new borders amid religious violence.
In the ad, one of the men reminisces to his granddaughter about his happy childhood in Lahore and how he used to steal sweets from a shop with his best friend, who the ad implies is Muslim. His granddaughter uses the search engine to track down the childhood friend in the Pakistani city. Then, with the help of the Pakistani man's grandson (and naturally, Google), she arranges a journey to New Delhi for a surprise reunion.
The ad struck a cultural chord with Indians and Pakistanis.
"If it doesn't move you, you've got a heart of stone," wrote Beena Sarwar, a Pakistani journalist and part of the Aman ki Asha (Hope for Peace) initiative that promotes peace between Pakistan and India, on her blog.
It might seem a risky strategy to co-opt partition for a feel-good search engine advertisement. The period is one of the roots of the bitter animosity between Pakistan and India that has led to three wars, a nuclear arms race and deadly fighting in the disputed Kashmir region. Shortly after the partition, an estimated 1 million Hindus, Muslims and Sikhs were killed in rioting, and 12 million were uprooted from their homes.
Yet Abhijit Avasthi, head of the Ogilvy India team that developed the ad, said the fact that partition evokes strong feelings among Indians and Pakistanis is one of the reasons the idea was chosen.
"Yes, this is a sensitive topic, a part of history with bitter memories" he said. "But that was the whole point, which is to tell people that those memories are in the past, that there is a way to revive your connection with your lost ones."
The spot also tapped into ordinary people's weariness with the hostilities.
"I don't see much hostility at the people's level," said Sanjay Mehta, a 48-year-old New Delhi-based businessman whose family is from what is now Pakistan.
But he added that travelling between the countries is not as easy as the ad portrays. "I want to visit Pakistan but it's not easy to get a visa."
Last year, India and Pakistan signed an agreement to make it easier for business travellers, senior citizens, divided families and religious pilgrims to get visas. However, improving ties have been set back by sporadic clashes in Kashmir.
PARIS: A slowdown in global warming that climate sceptics cite in favour of their cause was partly induced by one of the world’s most successful environment treaties, a study said on Sunday.
The UN’s Montreal Protocol, designed to phase out industrial gases that destroy Earth’s protective ozone layer, coincidentally applied a small brake to the planet’s warming, it said.
Without this treaty, Earth’s surface temperature would be roughly 0.1 degrees Celsius (0.2 degrees Fahrenheit) higher today, according to its authors.
“Paradoxically, the recent decrease in warming, presented by global warming sceptics as proof that humankind cannot affect the climate system, is shown to have a direct human origin,” according to the paper, published in the journal Nature Geoscience.
Signed in 1987 and implemented in 1989, the Montreal Protocol committed signatories to scrapping a group of chlorine- and bromine-containing chemicals.
Used in aerosol sprays, solvents and refrigerants, these substances destroy ozone molecules in the stratosphere that filter out cancer-causing ultraviolet light.
Some of the chemicals also happen to be hefty greenhouse gases, with a powerful ability to trap the Sun’s heat.
So their phaseout, which began to hit its stride in the 1990s, was also a small but perceptible gain in the fight against climate change, the scientists said.
From 1998 to 2012, Earth’s mean global temperature rose by an average of 0.05 C (0.09 F) per decade, a benchmark measure of warming.
This is far less than the average decadal increase over half a century of 0.12 C (0.2 F), and is out of sync with the ever-rising curve of greenhouse-gas emissions.
As a result, sceptics claim the 15-year “Pause” as proof that climate change has natural causes, showing that green calls to reduce fossil-fuel emissions are flawed or a scam.
The paper, led by Francisco Estrada, an atmospheric physicist at the Autonomous National University of Mexico, is a statistical comparison of carbon emissions and warming during the 20th century.
Overall, temperatures rose last century by 0.8 C (1.4 F).
Cooling and warming
Two World Wars contributed to cooling, as did the Great Depression — massively so. From 1929 to 1932, annual emissions of carbon dioxide (CO2) fell by 26 per cent.It took until 1937 for CO2 emissions to return to their pre-1929 levels.
The cooling effect took some time to kick in, but it lasted until the middle of the century.
The post-World War II boom led to a surge in emissions that, from 1960, began to be perceived in a clear signature of sustained warming, according to the investigation.
The paper said that the “Pause” may also be attributable, but in a far smaller way, to changes in rice farming in Asia, a generator of the potent greenhouse gas methane.
In a comment on the study, Alex Sen Gupta, of the Climate Change Research Centre at the University of New South Wales in Australia, said the cooling benefits from the Montreal Protocol “are going to be short-lived.”
“In the end, the continuing rise in other greenhouse gases, particularly carbon dioxide, will keep temperatures marching upwards.”
In September, the UN’s paramount group of climate experts scoffed at the “Pause,” essentially calling it a non-issue.
They said the period of 1998-2012 was far too short to give a long-term view of climate trends.
They also hinted at selective bias, noting that the period began with a strong El Nino, a heat-linked weather phenomenon, thus making following years seem cooler by comparison.—AFP