Saturday, April 3, 2010

IT News HeadLines (Ars Technica) 03/04/2010



Universal Service Fund: now with less incompetence!

The Federal Communications Commission's Universal Service Fund is cleaning up its act. Yes way—for real. And not only that, it looks like we've been a tad unkind to the benighted program in the past. Turns out that what seemed like a pretty devastating audit of one of the USF's main programs was way off in its calculations.

Here's the short version of that story. The USF, paid for by small tithes on your phone bill, runs four programs: a fund that subsidizes the phone bills of the poor; a program that subsidizes the computer/network needs of schools and libraries; another that underwrites broadband for rural health care facilities; and a division that offers financial support to rural carriers.

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ISO OOXML convener: Microsoft's format "heading for failure"

Although Microsoft's Office Open XML (OOXML) document format became an ISO standard two years ago, the company still hasn't built any software that truly complies with the standard. Microsoft Office 2010, which is expected to be released later this year, implements the deprecated "transitional" version of the format and is not compatible with the version that was crafted by the standards body.

Microsoft's failure to adopt the standard version of the format after two years has drawn criticism from Alex Brown, the convener of ISO's OOXML subcommittee (SC34). Brown was consistently supportive of Microsoft's push to obtain fast-track approval for OOXML during and after the ISO review process, but his optimism appears to be waning. In a recent blog entry, Brown contends that Microsoft is not fulfilling its commitment to adopt the ISO's edited version of the standard.

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Ubuntu 10.10 to be codenamed Maverick Meerkat

Ubuntu 10.04, codenamed Lucid Lynx, is scheduled for release this month. The developers at Canonical, the company behind the Ubuntu Linux distribution, have already started the process of planning for the next major release. Founder Mark Shuttleworth revealed today in a blog entry that Ubuntu 10.10, which is scheduled to arrive in October, will be codenamed Moribund Moth Maverick Meerkat.

Ubuntu 10.04 is a long-term support release, which means that the focus during the current development cycle has largely been on stabilization and refining the existing technology. Shuttleworth says that we can expect to see a return to experimentation in the 10.10 release, with the potential for some radical changes.

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How the fake "iCade" could become a reality for the iPad

Games are big on the iPhone—the majority of apps on the App Store are games, and games are regularly among the top-selling paid and free apps. With the iPad, gaming on Apple's mobile devices is poised to get even bigger (pardon the pun). But even with the touchscreen and accelerometer inputs, some games just need more traditional D-pad or joystick controls. The question is, why aren't third-party accessories available to give us this control?

Apple itself may be getting into the gaming accessory business, if the details of a recently published patent application are any indication. A group of emulator enthusiasts has already started limited production of a similar accessory for the iPhone and iPod touch. And, a fake gaming accessory from ThinkGeek has caused a major buzz on the Internet, enough that the company may be considering turning it into a real product.

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FCC to "improve" CableCARD rules this month

The FCC's new National Broadband Plan made it clear that the agency has had it with CableCARD's failings and wants to try something else. Specifically, the FCC wants a new "gateway" device that would apply to all TV providers (cable, satellite, IPTV). Like a broadband modem, the gateway device would take its inputs from the different TV systems, but output a signal in a standard format that can be used by DVRs, TVs, and set-top boxes.

The changes start this month. The FCC has just announced plans for its April meeting, and they include these two juicy items:

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EPA finalizes automotive fuel economy rules

Nearly a year ago, the Obama administration announced a deal that settled a long-running dispute which, over the years, has involved over a dozen states, the federal government, the Supreme Court, and the automobile industry. The deal would see a rapid rise in the CAFE standards, which set the average fuel efficiency of the US' automobile fleet. Today, the EPA announced the finalized version of the deal.

The new CAFE standards will cover the years from 2012 through 2016, and will shift the focus from one of gas mileage to one of carbon emissions: by 2016, the combined average emissions for cars and light trucks cannot exceed 250 grams of carbon dioxide a mile. That is the equivalent of 35.5mpg in today's terms. Automakers will have some flexibility in how they reach this; it appears that many will improve the efficiency of their vehicles' electrical systems.

Over the lifetime of the vehicles, the EPA estimates that the new rules will save nearly a metric Gigaton of CO2 emissions and 1.8 billion barrels of oil. On the consumer side, the changes are expected to increase the price of vehicles by roughly $1,000. However, the increased fuel savings will balance that in a few years, and consumers are expected to save several thousand dollars over the lifetime of the vehicles.

Although everyone involved with the new rules seems content with the results, rumblings are already starting due to the short time window laid out. 2016 isn't too far away in terms of automotive design, and California, which spearheaded the development of the new rules, has apparently already considered raising standards further when the current deal expires.

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Goodnight Moon: Michael Griffin on the future of NASA

It goes without saying that few, if any, federal agencies felt as much uncertainty during President Obama’s first months in office as did NASA. Having led the agency well past the 2003 Space Shuttle Columbia disaster, former NASA administrator Michael Griffin was tasked with fulfilling President Bush’s ambitious Vision for Space Exploration, which included the completion of the International Space Station by the end of 2010, as well as the development of the Constellation Program: the chronically under-funded, often misunderstood plan to return astronauts to the Moon. Following an administrative shake-up, the administration’s first declared plans for the space agency ended plans for a Moon return. Even more surprising was President Obama’s apparent decision to outsource human spaceflight operations to commercial companies. I recently had the opportunity to speak with Dr. Griffin regarding recent policy developments, and his thoughts on what these changes may represent for America’s space ambitions.

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Appeals court upholds eBay victory in trademark case

eBay is not responsible for upholding third-party trademarks when it comes to counterfeit goods being sold on the site, according to the US Second Circuit Court of Appeals in New York. The Court of Appeals upheld a lower court's decision Thursday, noting that as long as eBay responds to complaints about counterfeit products by removing the listings, the company isn't liable for what gets listed.

Famed jeweler Tiffany & Co. first sued eBay in 2006 alleging that the vast majority of Tiffany items sold through eBay were fakes. The company said that eBay was pocketing possibly millions of dollars in fees for these counterfeit listings and that it was complicit in making these counterfeit goods available to the Internet-using public. Part of Tiffany's argument stemmed from eBay's auto-generated ads, which occasionally scraped up a counterfeit listing to be displayed to prospective eBay users.

The company wanted eBay to be more proactive in blocking unapproved Tiffany listings, but in 2008, a federal judge ruled that Tiffany was the one responsible for policing Tiffany knock-offs, not eBay. Additionally, the judge said that merely using the word "Tiffany" in a listing didn't necessarily rise to the level of trademark infringement. He said the use of the Tiffany name fell under what's termed nominative fair use—since Tiffany has developed a brand associated with specific characteristics in terms of style and quality, using its name as an adjective to describe one of its pieces falls under fair use.

Tiffany pushed back, but the decision was upheld on appeal today. "It is true that eBay did not itself sell counterfeit Tiffany goods; only the fraudulent vendors did, and that is in part why we conclude that eBay did not infringe Tiffany's mark," reads the Appeals Court opinion. The court did not, however, hand eBay the victory when it came to Tiffany's advertising complaint. "We return the cause to the district court for further proceedings with respect to Tiffany's false advertising claim."

Unsurprisingly, Tiffany was not pleased with the Appeals Court's decision, telling the Wall Street Journal that eBay has a responsibility to protect consumers. "eBay knew that counterfeit merchandise was being sold on its site—and eBay took no effective steps to stop it. EBay deliberately misled consumers for profit, and unfortunately, the court has justified its actions. The consumer is the real loser today," Tiffany CEO Michael J. Kowalski said.

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Obama admin: time to make radio pay for its music

The recording industry scored a significant victory today with news that the Obama administration will provide its "strong support" for the Performance Rights Act. The bill would force over-the-air radio stations to start coughing up cash for the music they play; right now, the stations pay songwriters, but not the actual recording artists.

This has been a dream of the recording industry for decades, but it has taken on new importance as the revenues from recorded music have plummeted over the last decade. The broadcasters refer to the idea as a new "tax" that will largely benefit foreign record companies such as Universal (France), Sony (Japan), and EMI (UK).

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Win a netbook in our tentacular April giveaway

It's time for another Ars giveaway. In our last contest we gave three lucky readers and Premier subscribers some really cool portable charging devices from Energizer. We also sent nearly 60 leather wallets to new Premier subscribers.

Important note: This contest is open to Canadian citizens, but see the rules below. You must still be over 18, and residents of the Canadian province of Québec are excluded. Why not Québec?

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IE sees small usage drop in first month of browser ballot

The first month's browser market share data after the start of the EU browser ballot is in. If you were expecting Internet Explorer to lose market share at an accelerated pace, it hasn't happened yet. In fact, you could not tell from the data that that the browser ballot arrived last month. It has had no obvious impact in Europe, and even less so on the global scale. The browser trends that we've noted over the past several months are continuing, and they're not going to change quickly.

This past month, all major browsers showed positive growth except for Internet Explorer.

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MobileMe gains Find My iPad, Remote Wipe features for iPad

Apple has extended its popular "Find My iPhone" service to the iPad with its just-announced iPad-friendly features in MobileMe. Not only will you be able to find your lost iPad, but iPads will also inherit the iPhone's remote wipe capabilities as well as a number of other features carried over from MobileMe.

The new "Find My iPad" will work on both WiFi and 3G-enabled iPads, though it goes without saying that the WiFi-only version will only be findable while connected to a WiFi network. Like Find My iPhone, users can log into MobileMe to see the approximate location of their iPads and even send a message down to it along with a sound to help you (or a friendly passerby) locate the device. As many iPhone owners have discovered, this feature has been a life-saver for travelers and the absent-minded alike, so it's certainly cool that it's now part of the iPad experience as well.

Apple's MobileMe tweaks also include Remote Wipe for iPad. Just like on the iPhone, you can now wipe your sensitive data (notes, e-mails, etc.) from a lost iPad by going through MobileMe, which can be restored later from a backup on your computer. And, of course, MobileMe's other cloud-friendly features also apply here, including bookmark sync, contact sync, and e-mail sync.

With so many people managing one or more computers, one or more phones, and a tablet device in their lives, services like this can be really helpful. And, if you're an iPhone user, the Find My iPhone/iPad and Remote Wipe services will work for both your iPhone and your iPad. Is MobileMe worth the $99/year subscription yet?

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April Fools' Day comes to... copyright law?

So, have you heard about this crazy new bill in the Senate, S. 4110 (PDF)? Yeah, we hadn't either, but apparently it will put an end to the entire Internet in the guise of protecting copyright holders.

Titled "Protecting America's Greatest Treasure Act of 2010," the new bill finds "that any uncompensated access to intellectual property undermines the fabric of society and will lead to untold Very Bad Things." In addition, Congress believes that "we, as a country, have an obligation to Think of the Children." That's why all network engineers are classed as "enablers" of online copyright infringement and must monitor their networks and report violations immediately.

The bill also sets up a Cultural Protection Administration that "shall protect the interests of Members, as such Members are the true standard bearers of everything that is great and good about America." One of its jobs shall be to screen films for Congressional staff, and the screenings "should take place, to the extent possible, in luxurious yet intimate theaters."

Yes, it's a joke. Copyright law might seem an unlikely subject for an April Fools' Day joke, but Public Knowledge has found a way. The prank's comedic value is limited—but you try writing a hilarious fake bill.

The Electronic Frontier Foundation also got into the fun today, taking aim at "three strikes" Internet disconnection laws. According to the EFF, "EU negotiators reportedly prefer a 'carding' system. ISPs that receive complaints would issue 'yellow cards' and 'red cards,' tracking the official penalty system of the Fédération Internationale de Football Association (FIFA)."

"These sports analogies are antithetical to the spirit of the open Internet," said EFF International Director Gwen Hinze. "The Internet is much more like the Force, which as Obi-Wan taught us all, 'surrounds us and penetrates us. It binds the galaxy together.' Evil Sith-Imperial complaints should not result in an individual being severed from the Force. That's clearly preposterous."

What's your take? Funny—or should these groups stick to the lawyering and leave the comedy to others?

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UK science journalist wins libel appeal

Recently, we reported on UK science journalist Simon Singh's decision to put his career on hold in order to devote his time to defending himself against a libel suit brought by the British Chiropractic Association. The BCA was upset that Singh had labeled some of its claims "bogus," and brought suit against him using the UK's libel laws. A preliminary decision in the case would have required Singh to demonstrate that the BCA was knowingly engaged in making false claims, a difficult standard to meet. That ruling, however, has now been overturned on appeal.

Many of Singh's supporters had argued that the case could set a precedent where anyone criticizing a scientific claim would risk being dragged into court. The new decision explicitly recognizes this, stating, "the unhappy impression has been created that this is an endeavour by the BCA to silence one of its critics." It also makes reference to the imprisonment of Galileo before quoting a decision by a US judge, who wrote, "Scientific controversies must be settled by the methods of science rather than by the methods of litigation... More papers, more discussion, better data, and more satisfactory models—not larger awards of damages—mark the path towards superior understanding of the world around us."

Operating with the conclusion that courts aren't the appropriate venue for settling scientific disputes, the Lord Chief Justice's decision indicates that a scientific dispute is precisely what is at issue here. Singh's defense team has indicated it is prepared to present a series of studies supporting his claims; the BCA, likewise, has a similar set of studies. Thus, the issue of whether Singh's use of the phrase "not a jot of evidence" will clearly come down to a scientific debate about the quality of the evidence.

Returning to the issue at hand, one of libel, the court concludes that the phrase at issue is Singh's opinion, formed by his scientific evaluation of the evidence. Accordingly, he does not have to defend it as factual under libel law under the UK's defense of fair comment principle, which the court considers a "bulwark of free speech." This makes Singh's defense far easier, and has left the BCA debating whether to continue the case.

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IBM initiative aims to hook startups while they're young

Vendor lock-in gets a bad wrap, especially when it comes to the cloud. Users may complain about it, and IT administrators may eye cloud platforms with distrust on account of it, but lock-in is one of the core tradeoffs that clients make in return for access to scalable, flexible cloud services. And that lock-in provides some security for service providers who are taking on the considerable infrastructure cost that building a cloud platform entails. That’s why IBM is now cultivating lock-in by adopting a version of the same strategy Microsoft used in the '80s and '90s to establish the Windows and Office monopolies—give away the product (in Microsoft’s case, by turning a blind eye to rampant piracy), so that your user base is locked in by the time you get really serious about charging.

That looks to be the motive behind IBM’s Global Entrepreneur initiative, which promises early-stage startups free use of specific IBM cloud services, as well as access to the kind of sales, marketing, and technical expertise that Big Blue’s growing and hugely successful services arm typically charges big bucks for. Check out the roster of goodies for startups that are accepted to the program:

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Mario Galaxy 2 Wii: new details, video, impressions

2010 is shaping up to be a big year for fans of the Wii, in no small part due to the fact that we're finally getting another entry into the Super Mario Galaxy series. With the game's May 23 release date fast approaching, many fans have been wondering just what kinds of delight Nintendo has in store for them. As it turns out, there's quite a lot to look forward to with the game.

A number of journalists got to travel to Nintendo's Redwood City headquarters for some hands-on time with the game. Based on what they got to experience and have now shared with the rest of the Web, it sounds like Mario Galaxy 2 is going to be even better than we expected.

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Netflix, Hulu, CBS, ABC, TED, Flickr, more readying for iPad

As iPad launch day draws near, it seems more and more like the device will be a media consumption machine thanks to the efforts of third-party content providers. Both CBS and ABC will be streaming shows for the iPad, Netflix has an iPad app ready for Saturday, and Hulu is said to be preparing to test its subscription service on the device. On top of previous news about iPad streaming, this is a good week for the device and its soon-to-be owners.

Execs from CBS and sources for ABC confirmed to the Wall Street Journal that they were preparing to stream TV shows to the iPad—CBS via the browser (through HTML5, as discussed earlier this week) and ABC through its own dedicated app. CBS plans to have full episodes of Survivor ready by Saturday's iPad launch with more shows coming in the future. "We're working very hard to make as much of it available as possible," CBS Interactive president Neil Ashe told the Journal.

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feature: Heavenly jukebox: cloud distribution and the future of film

Cloud services have been heralded as a way to give smaller voices the same access to a global audience as bigger voices. Anyone can start a blog that everyone in the world can read. Anyone can post a video to YouTube and generate millions of views in a matter of days. This same power is helping small film distributers that specialize in independent and foreign-language films reach wider audiences by way of streaming, on-demand video. We spoke with one such distributor, Music Box Films, about the recent deal it struck with Netflix to make its movies available via the Watch Instantly streaming service.

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