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2010年8月17日星期二

Oracle sues Google: Looking for a piece of the mobile pie

By Christopher Dawson | August 13, 2010, 3:00am PDT
Summary: In what was a surprising turn of events for many in the tech community, Oracle filed a formal complaint of patent infringement against Google, demanding a jury trial and unspecified damages over the use of Java in their Android platform. So why now? Can they win? And what does it mean for Google and Java [...]

In what was a surprising turn of events for many in the tech community, Oracle filed a formal complaint of patent infringement against Google, demanding a jury trial and unspecified damages over the use of Java in their Android platform. So why now? Can they win? And what does it mean for Google and Java developers at large if they do?
It’s one thing to sue small fish into oblivion. Anyone remember Psystar? They went up against Apple selling dubiously-licensed Mac clones. They don’t sell Mac clones anymore. Big surprise.
Also see:
It’s another thing when a small fish sues a big fish. Big fish tend to have deep pockets that can, to the massive financial benefit of said small fish, make a lawsuit go away very quickly. Settlements, acquisitions, and licensing deals can all prove quite lucrative for the small fish with relatively small investments by the big fish, especially if the small fish actually has the intellectual property rights it brings to a court.
In both of these scenarios, there are serious financial incentives to file IP-related lawsuits. When a big fish sues a bigger fish over intellectual property rights that aren’t clearcut, there has to be a bigger picture, a corporate strategy that makes the financial and PR risks worth the potential gain. In this case, it’s mobile computing which, in case you haven’t noticed, is the future of both consumer and, in many ways, enterprise computing. Yeah, I’d say there’s an incentive here.
See related coverage:
Oracle bought Sun Microsystems in January of this year, acquiring all of their intellectual property (much of it related to Java) for a mere $7.4 billion dollars. There were more than a few analysts who thought that number was mighty high for a company on the verge of collapse and whose strongest IP (including much of Java) had been open sourced. Suddenly, though, the purchase price makes sense if Oracle plans to leverage its more obscure patents against the likes of Google and, in the process, be entitled to a share of its Android-related profits.
Interestingly, as the Wall Street Journal reported,
Google was widely assumed to have rights to use Java under a licensing agreement for Java…The suit is “very perplexing,” said Kim Polese, a former Sun manager…”Everyone is using Java.”
Sun was often criticized by investors for making little money on Java. Oracle, on the other hand, seems determined to wring more profit from Sun’s intellectual property…”Java is one of the crown jewels of the Sun acquisition,” said Ray Wang, an analyst with Altimeter Group. An Oracle injunction could block developers from building applications using the Android platform and shipments of Android phones, he said.
In fact, if Google can be a target, then any number of Java developers can potentially find themselves in Oracle’s crosshairs. However, I’m inclined to think that it’s no coincidence that research released this week shows drastic gains in Android popularity and manifold increases in Google mobile search (the real source of revenue behind Android, which is open source). If Oracle can force a deal with Google, it suddenly has at least a business class ticket on the mobile train and can even start looking at vertical markets that include mobile technologies.

So will Oracle win? A fair number of analysts believe that there will be some sort of licensing deal that comes out of this, although the size and scope may very well not be the windfall for which Oracle is looking. If Oracle wins, though, how much does Google lose? Google executives have repeatedly hung their hats upon the future of mobile, which means Android. Mobile search, mobile platforms, and mobile content will all be cash cows for Google long term. It remains to be seen how big a chunk, if any, Oracle will take out of that cow.
We’re looking at months of litigation for this to play out and neither company really stands to benefit from a quick settlement. Google, for its part, needs to demonstrate that there was no infringement to protect Android, future revenues, and, perhaps more importantly, the Java developers who make Android compelling. Oracle, on the other hand, wants more money than Google is likely to give without being ordered to do so by a jury. Oracle essentially asks for the destruction of code that leverages Java in Android, but it would be foolish to not take a major stake in future Android-related revenues instead if it can get them.
A complete copy of the complaint is here. Read it and talk back below - Do you think that Google really infringed on copyrights or is Oracle just coming late to the realization that mobile is a platform that can’t be ignored, even if you’re, well, Oracle?
See related coverage:

2010年8月12日星期四

Stupid mobile tricks: 7 stories of smartphone horror

By JR Raphael | Aug 12, 2010

For a device with "smart" in its name, a smartphone sure can help you do a lot of stupid things. Whether it's racking up thousands of dollars in international roaming fees or encouraging dozens of eye rolls with your misrouted voice dialing -- I'm looking at you, guy who calls Ben O'Lynn in accounting every time he means to call Bennigan's for lunch -- our modern-day mobile devices provide plenty of opportunities for tech-tinged embarrassment.
 
We tracked down seven of the most unfortunate smartphone disaster tales we could find. The stories are fun to laugh at now, but most of them were anything but amusing when they actually occurred. Some cost companies money; some cost employees their jobs. Others cost something even more difficult to recover: a slice of their victims' dignity.
 
So read on, and remember: It could have just as easily been you. (Note: Some of the names have been changed or withheld to protect the guilty.)
 
Smartphone horror story No. 1: The accidental autocorrect
When you think about it, letting a gadget guess what you want to say is really just asking for trouble.
 
"Scott," who works at a marketing and Web design firm, learned that the hard way. He was emailing back and forth with his brother, using some colorful language, when a message from a client came in to his phone.
 
The client's project had a four-letter acronym that started with a "c." It was just a letter or two off from a certain other four-letter "c" word -- yes, that one -- and as luck would have it, the more vulgar variation had made its way into the memory on Scott's phone.
 
"My brother and I exchange some pretty insulting emails, and like all smartphones, my phone remembers what I type in," he explains. "When I emailed the client back, it jumped in and swapped out the project's real acronym with that other 'c' word."
 
Scott fired off the email, not realizing it described his client's project as the "C--- project" (I'll let you fill in the blanks). The client -- who, naturally, happened to be especially conservative -- was appalled. He wrote back within minutes to let Scott know.
 
"I was mortified. I couldn't believe it went through that way," Scott says. "The worst part was trying to explain away the fact that I had used that word enough to get it in the phone's dictionary."
 
The moral: Never blindly trust a machine. Proofread everything, especially messages tapped out in a hurry. Otherwise, you might just end up calling a client a ... well, you know.
 
Smartphone horror story No. 2: There's an app for what?!
Smartphone apps have revolutionized the world of mobile business. With the right set of programs, you can stay connected to your company, keep up with important news, and maintain close contact with colleagues. Of course, with the wrong set of programs, you can land yourself in some seriously hot water.
 
We've all heard of a coworker getting caught with, shall we say, inappropriate materials on his work PC. But finding naughty stuff on someone's business-issued smartphone is still a relatively new phenomenon.
 
It certainly caught the folks at OneCall Manage off-guard. The agency works with corporations to analyze their workers' cell phones and spot any potentially problematic areas.
 
During a routine checkup with a major national company, the OneCall consultants found something that stood out. It was a game being played on a company device -- and it wasn't Pac-Man. In fact, the game was called Sexy Cougar, and no, it wasn't about mountain cats.
 
OneCall CEO Berylle Reynolds smiles when she thinks back on the discovery. It's a sharp contrast to the frowns that formed when Sexy Cougar first came to her agency's attention. "We had to go in and actually block all the phones to prevent the workers from downloading anything in the future," she says.
 
Oh yeah -- there's one more twist: "It wasn't just one person," Reynolds reveals. "There were four employees who had downloaded the Sexy Cougar game in the same office."
 
Hey, at least we know they weren't using iPhones.
 
The moral: Remember the old adage "Don't mix business with pleasure"? It applies just as much between a man and a smartphone as it does between a man and a woman. Don't forget it.
 
Smartphone horror story No. 3: The literal smartphone launch
Everyone loves a good startup story. When your company's history involves throwing expensive technology, however, sharing your roots can quickly turn dangerous. Just ask the guys from Mutual Mobile.
 
These days, Mutual Mobile is known for making apps focused on productivity -- things like Sales Report and Polycom for the iPhone. But in the beginning, the team had a slightly different focus.
 
Mutual Mobile's founders made their way into the mobile market by creating a little program called HangTime (Apple later removed it from the App Store). HangTime, if you've not heard of it, encouraged people to throw their precious iPhones into the air. The app measures how high the phones go and how long it takes for them to come back down. (Yes, really.)
 
Silly as it seems, HangTime showed the Mutual Mobile guys how lucrative a field that app development could be. They credit the creation with helping them expand their for-fun business into a full-time venture, and they frequently tell their clients the story. "It's generally well-received," says CEO John Arrow. "One time, it was too well-received."
 
That might be an understatement. On the ill-fated occasion, Arrow and his colleagues were meeting with a new enterprise client. After having some laughs over their HangTime history, the client caught them off-guard by downloading the app to his own phone and giving it a whirl -- right then and there, outside the Mutual Mobile offices.
 
"Before we knew it, our biggest client was throwing his iPhone in the air as high as he could," Arrow recalls. Arrow watched nervously as his new client's phone went up, up, and -- yep, you guessed it -- away. The device landed on the roof of the next building over.
 
"The worst part -- when it landed, we heard a splash," Arrow says.
 
Here's hoping the poor chap at least had insurance.
 
The moral: When it comes to mobile technology, be careful what you suggest. You never know when your amusing anecdote might inspire a client to toss his phone onto the roof -- literally or figuratively.
 
Smartphone horror story No. 4: The case of the disappearing data
For a mobile road warrior, the smartphone is an invaluable weapon. And when that weapon fails, all bets are off.
 
Tom McClintock knows the feeling. McClintock, a partner with marketing firm NSI Partners, was traveling to meet an important client when the unthinkable occurred: His smartphone, which contained all the files he needed for his meeting, stopped working.
 
"I'd passed through airport security, and suddenly, the phone died with no explanation," McClintock says. "I realized I'd forgotten to pack my sync cable, too, so I couldn't even connect it to my netbook to try to access the data that way."
 
McClintock thought fast. He called his assistant and arranged to have her dash to the airport with the cable, figuring he'd find a way to download the files off his phone once he landed. But with the clock ticking and his flight rapidly approaching, things were looking iffier by the minute.
 
When McClintock's assistant finally arrived, he didn't have time to make it out of the terminal and back through security again. Amazingly, the airline -- yes, those same people who scowl when you ask for a second bag of peanuts -- offered to have an agent grab the cable and bring it to McClintock's gate. He got it moments before his flight started boarding.
 
The moral: Never rely on a single source for important data, especially when traveling on business. Bring backups -- or, better yet, store your files in the cloud -- and you'll never have to worry about crashing and burning midway through a journey again.
Smartphone horror story No. 5: The data dollar disaster
Talk may be cheap, but data sure isn't -- at least, not when your company uses capped plans and you shatter the limit.
 
Blake Bookstaff of CharterJets.com depends on his business's BlackBerry to keep in touch wherever he roams. He's no data hog, though: Bookstaff has only a certain amount of data he can transfer within his company's plan. If he goes over that amount, each additional megabyte costs a pretty penny.
 
One month, Bookstaff noticed something strange on his smartphone: an icon indicating the device was sending and receiving data far more than it normally did. He didn't think much of it and went about his day-to-day work. Weeks later, he got wind of the month's total bill -- and it practically knocked the wind out of him.
 
"The bill came in, and it was several hundred dollars more [than usual]," Bookstaff says. "Whatever was happening with my BlackBerry went way over my data usage allotment."
 
Bookstaff figures his phone started syncing data at regular intervals -- something he didn't typically allow it to do. As he discovered, one tiny setting can lead to one massive charge on the corporate account.
 
The moral: Unless your limits are sky-high, keep close tabs on your data and minute usage throughout the month. Whether it's a mistakenly toggled setting or some unexpected international-travel surcharge, it's all too easy to stack up accidental fees and end up with a nasty surprise.
 
Smartphone horror story No. 6: The sleeping smartphone
Let's face it: Corporate conference calls can be pretty damn dull. So maybe it shouldn't come as a total shock that even our smartphones sometimes fall asleep midsession.
 
As the president of Wireless Communications Alliance, David T. Witkowski relies on his wireless phone for all of his communication needs. He regularly uses his Motorola Droid's speakerphone to help an entire room take part in a conversation.
 
The problem: Occasionally, the Droid fails to wake up after its screen goes dark during a call. And because the phone doesn't have a hard-wired button to end a call, this leaves Witkowski with no easy way to hang up.
 
"Normally I just wait until the other person drops off, which terminates the call and clears the problem," he says.
 
One time, that work-around plan didn't work so well. Witkowski was in the room with some clients, chatting with their customers via his Droid. His end of the conversation concluded, and the customers asked him to disconnect so that they could continue speaking privately on their own. Unfortunately, Witkowski's phone had decided to take a little nap.
 
"So there I am, trying to hang up the call, and the customers are saying, 'Are you still on the line?'" he remembers. "Very embarrassing, especially given that I'm the president of a 4,000-member wireless industry alliance. Of all people, I shouldn't be struggling with my phone."
 
The moral: No piece of technology is 100 percent dependable. Sometimes, a good old-fashioned landline -- or, if all else fails, a call-ending sledgehammer -- can go a long way.
 
Smartphone horror story No. 7: When a smartphone makes a splash
Our final smartphone horror story gives a whole new meaning to the idea of a dropped call.
 
Robert Van Gool is one busy dude. His company, Gonzo Games, strives to create viral video games for a range of different electronic platforms. There's always work to be done, and Van Gool uses every minute he can to get ahead.
 
That means he's frequently multitasking, and not in the way you might be thinking: Van Gool, you see, sometimes takes care of business while -- er -- taking care of business. You know, a very personal kind of business.
 
One day, Van Gool was chatting with his lead game developer from his secondary office, so to speak, when something went terribly wrong. "The phone slipped out of my hand and plopped into the toilet, big splash and all," he confesses.
 
The porcelain gods were evidently watching out for Van Gool that day: His phone miraculously survived and even maintained its connection. His conversation, however, didn't fare quite so well.
 
"I gingerly pulled it out and realized my developer was still on the line, still talking!" Van Gool says. "I had to hang up on him, as there was no way I was going to put that phone to my ear."
 
The moral: Even in our culture of constant connection, some places should remain sacred from communication. Do the world a favor: When you enter the john, put down the damn phone. Your colleagues -- and your fellow restroom users -- will thank you.
 
InfoWorld (US)
 
 
 
 

Microsoft Research shows off a prototype 'Menlo' mobile phone

By Mary Jo Foley | August 8, 2010, 9:17am PDT
Summary: Microsoft researchers have published a photo of a prototype Microsoft ‘Menlo’ phone and have shared information about a new sample application codenamed “Greenfield” that is running on it.


For the past few months, I’ve been trying to piece together what Microsoft codename “Menlo” is. My tipsters described it as a project by Microsoft Researchers to investigate new operating system possibilities in the mobile space.
One of the research papers I mentioned in my original blog post about Menlo has now been published. (Thanks to reader Charon of Ma-Config.com for the tip about the paper’s availability.)
Lo and behold, there’s more in that paper, entitled “User Experiences with Activity-Based Navigation on Mobile Devices,” about Menlo. From that paper:
“Menlo is a prototype mobile device with a capacitive touch screen (4.1‖ diagonal, 800×480) running Microsoft Windows Embedded CE 6.0 R2 which incorporates a Bosch BMA150 3-axis accelerometer and Bosch BMP085 digital pressure sensor (barometer).”
(Microsoft included an image of a Menlo device in the paper, which I’ve included at right.)
Running on top of the Menlo platform is a new Microsoft Research Silverlight application codenamed “Greenfield,” which is a sensor-centric program allowing users to retrace their footsteps when seeking to find their cars.
Galen Hunt, the Microsoft researcher in charge of the cross-divisional Menlo project, mentioned in his LinkedIn profile that he “negotiated production of custom phone prototypes, designed and implemented major kernel and OS components, implemented runtime and compiler features, and wrote code for demo” as part of his Menlo work.
(Hunt also is the leader of Microsoft’s Singularity project. Singularity is a microkernel operating system which Microsoft Research has made available for license. Singularity also was/is the heart of Microsoft’s Midori distributed operating system incubation project.)
I mentioned in my original blog post a few of the other Microsoft researchers working on Menlo. The new paper on Greenfield/Menlo lists some others, including a couple of user-interface specialists and senosr researchers. Amy Karlson, who is listed as one of the authors of the paper, also is working on Microsoft Research’s “Courier.” (No, no the cancelled dual-screen Courier; the Courier phone-based file exchange system that is one of the projects of MSR’s Cross-Device User Experience team. This team is focused on understanding how to make PC-phone experiences more seamless.)
So what to make of all this? I don’t think Microsoft is going to build its own Menlo phone. (Been there, done that with the failed Kin.) I do think the Menlo team is continuing to focus on a new mobile operating system — not just the existing Windows Embedded Compact-based ones — that will work on a variety of processors.
Anyone else have more Menlo information (or guesses) to share?

2010年8月7日星期六

Cycle Tour around HK Aug 2010

Cycle Tour around HK Aug 2010

17 Aug 2010
Tai Tong Park from YL
Trip Dist: 12.82 km
Trip Time: 0:45:58 (17:00 - 18:00)
Avg Speed: 16.74 kmh
Max: 55.84 kmh

14 Aug 2010
Tai Tong Park from YL
Trip Dist: 32.88 km
Trip Time: 1:52.52 (17:35 - 21:45)
Avg Speed: 17.48 kmh
Max: 51.77 kmh

10 Aug 2010
Tai Tong Park from YL
Trip Dist: 23.38 km
Trip Time: 1:34:20 (17:35 - 22:10)
Avg Speed: 14.87 kmh
Max: 59.10 kmh

7 Aug 2010
Tai Tong Park from YL
Trip Dist: 34.74 km
Trip Time: 2:15:03 (18:00 - 22:10)
Avg Speed: 15.43 kmh
Max: 48.28 kmh

2 Aug 2010
Tai Tong Park from YL
Trip Dist: 28.41 km
Trip Time: 1:58.09 (17:35 - 22:10, Dinner at Tai Fat Restaurant (奶茶王))
Avg Speed: 14.42 kmh
Max: 49.44 kmh

2010年8月5日星期四

黃毅力 力筆從心:你吹咩,我係有病的「好人」!

9年前,我打你一拳,罰款了事,不用坐監;兩年前,我踢你一腳,判處社會服務令,不用坐監;而今年,我在鏡頭前摑你一巴,只判感化與停牌,都不用坐監!雖然你陀鐵「點三八手槍」,但我「陀」着的叫「特權 」 --- 阿叔是司法界高層,舅父又是大有錢佬,「吹咩」!我危險駕駛、醉酒駕駛、襲警都不用受牢獄之苦,因為我患病,除了鬱躁症外,更患有「有錢佬特權病」,「吹咩」!你有12粒子彈護身,我有「五指神功」護體,「吹咩」?
前天早上,我一如既往聽着「晨光第一線」- 一個有益身心、充滿正能量的節目,既可以聽到主持人嘻嘻哈哈,同時又能帶出一些社會及人生的真道理,其中一句「Reward and punishment are the wall of the city」,便道出了法律賞罰分明,正是社會的基礎及基石。
這讓我回想起在過去48小時裏,不論是坐在茶餐廳,與客戶午膳,在家中與兒女聊天,又或在辦公室內同事間的閒談,都不難發現,此刻已是全城陷入公憤,對於終審法院常任法官包致金的侄女Amina Mariam Bokhary,第3度襲警又輕判,實在氣憤難平,唔係「大細超」,你信唔信?
而我在收看電視新聞之時,就更對主審法官判刑所持的理據與判詞的思路感到費解。法官判詞指出,他處以輕判的原因有四。
首先,是因她「家境優秀」,這當然啦,她的阿叔是終審法院常任法官,舅父又是香港交易所主席夏佳理,更剛剛拿取了「荷蘭水蓋」(「大紫荊勳章」)!
第二,是她「受過良好教育」,從她曾犯刑毀、涉嫌藏毒,到危險駕駛、拒絕提供酒精呼氣樣本、特別是襲警、與感化官「溝通」等,都足已看得出,她所受的教育不只是「良好」,而完全是「超班」!
第三,法官又指她本身沒有「暴力傾向」,這個亦沒錯,因她還未至於把警員打死吧!
最後的原因是,因為她「有病」,這個我都明白,因為她所患的,根本就是挑戰香港法律的「特權病」!
判刑的理據,主要基於其今次的感化報告,卻沒有思量法律最重要的精神,那就是看得見的公道,看得見的公平;而更重要的,是她已有連續3次襲警的紀錄,男警她要打,女警她又踢,在鏡頭前她更出手掌摑。為何仍能以一句「有病」就可以把所有刑責都推諉呢?如果真的是「有病」的話,大概是我們的司法制度出了毛病 - 「大細超」病才對!或許主審法官可以一錘定音,就中國的做法般,放她去火星「保外就醫」罷了!
我們香港市民並非因為「憎人富貴」,不滿她的判刑太輕而需要洩憤,而我驚訝的是,其判詞的邏輯性與量刑基礎,以及主審法官的公義性都讓人質疑。
到底香港法治的精神,除了獨立,還有公正嗎?量刑的尺度,是否有參考她過往的紀錄?每數年她都會醉酒犯案一次,而法官有否翻看她過去3次的感化報告,何以都是相類似的結果 ---她是一個沒有暴力傾向的「好人」,可是卻又總做出暴力行為---襲警呢?
從這案件所見,刑罰似乎更像是由感化官去量刑,多於由法官去判決。這樣的量刑處理、判詞內的邏輯和思路,才是真正令我憤怒的原因,這個判決為社會及執法人員帶來許多思想上的矛盾,也對警隊的士氣及前線的執勤人員,帶來一個重大的打擊,更是對香港司法制度摑了狠狠的一記耳光。
要知道,香港警察不是給「病人」洩憤的箭靶,我們的司法制度,也不是給「病人」逃避責任的一個安全網。這次,她掌摑了香港的執法人員,而那個判刑,卻掌摑了香港的司法制度的正義!幸好,在這樣的制度下,我們香港還有着不偏不倚、不畏強權的傳媒敢於說實話,也有一眾「無病」的香港人用思想、持平的心去判斷這單案件的對與錯、懲罰的輕與重。
後記:
律政司已決定就事件提出覆核,希望最終的結果,能證明到香港的司法制度不單具獨立性,而且還有真正的公平與公義。就讓我們香港人拭目以待吧!
每日金句:不要被環境去改變你,你要去改變環境。
黃毅力