Monday, September 13, 2010

Bebo is a genius. They have a plan... to have plan

Bebo is like a bad case of herpes – it just keeps coming back. They sold to AOL for $850 million in 2008. Then AOL, under new management, sort of just shut it down for tax purposes, selling it for next to nothing to Criterion Capital Partners. AOL CEO Tim Armstrong called the whole thing a huge distraction.

But if you think you’ve seen the last of Bebo, you’re wrong. A whole new team is in place, and with just 20 or so employees the site is profitable and growing with 6 millionish active users. So what next?

That’s exactly what I asked CTO Akash Garg today at Google Zeitgeist in Phoenix, Arizona. The interview is below.

How will Bebo carve out a place for itself in a Facebook world? Tagged seems to have done it by focusing on dating. Garg says the team is currently deciding what’s next. “Self expression, mobile and video will be strong components,” he says. But beyond that he won’t elaborate.

And when I asked if Bebo cofounder Michael Birch is involved with Bebo today, the answer was clear: “Michael Birch is not involved in any official way right now.” Is he involved unofficially? Watch below to find out.

Tuesday, September 7, 2010

3% of Twitter at anytime is Justin Bieber

Would you believe that Justin Bieber and his legion of fans use up 3% of Twitter’s server at any given time — such a large amount of activity that “racks of servers” are dedicated to Bieber mania?

So said a Twitter employee, according to web designer and blogger Dustin Curtis. Yesterday he sent out the following tweet:

“At any moment, Justin Bieber uses 3% of our infrastructure. Racks of servers are dedicated to him. – A guy who works at Twitter”

When we asked Curtis who the Twitter employee is, he said his source is someone “who would know such things. I obviously can’t give you his name. But I trust that the information is absolutely correct.” So maybe you’d better believe it. Bieber consistently appears on the top Twitter trends chart we publish each weekend, and he topped a “Twitter’s most listed” chart too.

We shot an e-mail Twitter’s way to confirm, and while the Twitter rep we contacted didn’t confirm the figure, she didn’t discourage us from believing it, either. “While we don’t break out metrics like this, everything around and about Justin Bieber is consistently popular on Twitter,” she said.

Curtis also tweeted that “most of the popular users on Twitter have dedicated servers for their accounts.” He believed the Twitter employee and tweeted what he said in part because he thinks the numbers make perfect sense:

“Every time Bieber tweets, his messages have to be delivered to more than five million people who then endlessly retweet it. Apparently, his account receives more than 60 @-replies per second for a while after he tweets, which is something Twitter wasn’t originally designed to handle.”

He’s certainly no Justin Bieber, but Curtis isn’t totally unknown on Twitter himself. He appeared in our “10 Web Design Bloggers You Should Follow” list a couple of months ago.

Shoutitout Android coming Monday... probably

According to a Shout today by @shoutitoutmobile Shoutitout Android is coming out on Monday of next week. The site has been working and delays this launch since February so we are thinking its going to be pretty nice app. We are also thinking about how this could really hurt things like Twitter for Android and Twidroyd. Twitter for Android currently being the official app for Twitter which Twitter has had for sometime and hasn't really had it explode in popularity. We believe this will hurt Twitter for Android even more. Also currently the biggest Shoutitout and Twitter android app Twidroyd may be effected by this as well. We aren't sure what will happen since Shoutitout doesn't have all of its features in API like Check-ins the Android app will have a clear edge. We will keep you updated and see how this rolls out!

Googles logo is excited about something probably coming out tomorrow

















By now, you’ve likely noticed the interesting, kinetic logo Google has had up today. While there is still no official word from the search giant as to exactly what it means, they are letting out some hints. And based on those hints, a good guess seems to be that the logo has to do with what they’ll announce at their big search event being held in San Francisco’s MOMA tomorrow morning.
Earlier today, Google tweeted out: “Boisterous doodle today. Maybe it’s excited about the week ahead…” Meanwhile, a Google representative told Search Engine Roundtable that “today’s doodle is not related to a birthday but is fast, fun and interactive, just the way we think search should be.” This led the blog to speculate that three things may be announced tomorrow: AJAX-powered search results, 30 results per page, and streaming results as you type. In the case of AJAX and streaming, Google has been testing both of these (in the AJAX case, since early 2009).

In terms of the search event itself, Google sent out invites to members of the press last week with the title “Search on.” The fact that it’s at an art museum is interesting, though perhaps not entirely relevant. But the speaker line-up definitely is:

Marissa Mayer, VP, Search Products & User Experience
Johanna Wright, Director of Product Management
Ben Gomes, Distinguished Engineer
Othar Hansson, Senior Staff Software Engineer
As Search Engine Land’s Danny Sullivan pointed out last week, the first three are all heavily involved with Google’s search user interface — so again, expect a revamp. A revamp that is “fast, fun, and interactive.”
One other side note is that Google has quietly launched a new tool in Labs called Google Scribe. As Google Operating System notes, it’s a tool that auto-suggests phrases in documents as you type. Yes, this is similar to what Google currently offers with their search box. And yes, it’s also fast, fun, and interactive, like Google’s odd logo.

We’ll be at the event tomorrow to find out!

Saturday, September 4, 2010

Shoutitout gets there first dogs... literaly

Shoutitout has gotten its first dog members, the account has 3 Shouts and subscribers. The account is for a pair of beagles owned by @ashton named Max and Bandit (as far as we can tell) the account @max_bandit seems to have had some popularity at the moment but nothing major yet. None of there Shouts have made popular Shouts yet but we do think that will change soon we also expect this account to get huge popularity as it gets older. It has already been recommended by @willy and @ashton.

Friday, September 3, 2010

The endless pit of Google money just got smaller

Google has agreed to pay a hefty sum to make a class action lawsuit concerning Google Buzz disappear — $8.5 million, to be exact.

The lawsuit dates back to February, when lawyers filed a class action complaint against Google on behalf of Eva Hibnick, a 24-year-old Florida resident and Harvard Law School student. The complaint alleged that Buzz violated several communication privacy laws related to protecting user privacy.

Google Buzz caught a lot of flak for its auto-follow and opt-in features, so much so that Google quickly made privacy fixes after launch. They weren’t enough to quell the criticism though, so Google launched a privacy reset for Buzz, giving users a new opportunity to adjust their privacy settings.

According to the settlement, these changes addressed the key privacy issues surrounding Buzz. “Google has made changes to the Google Buzz user interface that clarify Google Buzz’s operation and users’ options regarding Google Buzz,” it stated.

That’s not all, though. While the settlement acknowledges that Google Buzz’s privacy issues have been resolved, it says the company must do more to educate users about Google Buzz’s potential impact on privacy. The $8.5 million from the settelement will go towards lawyer fees (30%) and the seven named plaintiffs (up to $2,500 each), with the remainder going towards organizations and non-profits focused on Internet privacy.

Now that the privacy issues have been settled, Google can focus on a more important problem: actually producing a winner in the social media space.

Thursday, September 2, 2010

Twitter 145,000,000 members strong 300,000 apps

When I read Twitter CEO Evan Williams post tonight about the state of Twitter from a mobile perspective, the first thing that jumped out at me what that Twitter for Android, an app Twitter worked hard on, isn’t even in the top 10 most-used apps for the service. But Williams also used the post to whip out some impressive numbers. Chief among them: Twitter now has over 145 million registered users (though presumably less than 150 million, or he would have said that). And there are now nearly 300,000 registered apps in the Twitter ecosystem.

The latter number above is technically the number of registered OAuth apps in the ecosystem (and includes multiple instances of some apps). Twitter made the switch over from basic authentication to OAuth a few days ago, leaving behind some apps, such as the old Tweetie (which was reborn as Twitter for iPhone). Williams says this number of registered apps has tripled since their Chirp conference — which was only this past April.
Other big numbers thrown out there by Williams:

Mobile users have jumped 62% since mid-April
16% of all new users to Twitter now start on mobile (it was 5% before Twitter started doing branded mobile clients)
46% of active users use some sort of mobile Twitter experience
78% of people who interact with Twitter still do so through twitter.com — though that number includes people who use more than one appm.twitter.com is the second most-used Twitter interface at 14%
SMS and Twitter for iPhone are tied at 8%
Lastly, he throws in that Twitter’s Promoted Products (read: their first big monetization pitch) has “exceeded our expectations.” No word on if that means Twitter has turned a profit, but that seems pretty unlikely. Still, revenues are undoubtedly growing.

Techcrunch loves the old Twitter logo

Techcrunch has changed its logo from the usual Techcrunch logo to what the old Twitter (twttr then) logo. There was a post earlier about Twitter and how much they liked the logo. Twitter may or may not still own copyright on that logo so just giving our friends at Techcrunch a heads up you might want to check to make sure just encase. We have no idea how long they will keep the logo up but we doubt it will be that long.

Shoutitout secures profile header patent similar to Foursquare header

Shoutitout has grabbed another patent this time looking at Foursquare, we think. We don't think they plan on using it agents Foursquare because they have been long time allies with them we think somehow its directed towards Facebook who is currently testing the subscription feature. The patent reserves the header with Check-ins, Shouts and Friends an its layout. Shoutitout has already gotten a patent for there Shout box and we know they are planning to apply for two more, what they are for we aren't sure yet. Here is the patent sketch:

Twitter launches official iPad app

Twitter has just announced the service’s official iPad app.

It’s free and comes with a slew of touch interface bells and whistles built right in. The app is intended to allow for seamless navigation between tweets, photos, web pages, videos and other media and updates. It’s also usable even for those who don’t have Twitteraccounts.
Twitter for iPad [iTunes link] has a few new UI touches that you haven’t seen elsewhere. These features are custom-designed for the larger screen and touch capabilities of the iPad. It also caters to what the iPad was made for: media consumption rather than creation. Twitter’s Leland Rechis, a mobile UX designer, writes on the Twitter blogthat the iPad is “a device that really lets content shine.”
The main interface is a series of panes that can expand and retract based on the kind of content the user wants to access. “Tapping on a Tweet opens a pane to the right. Depending on the content in that Tweet, you’ll see a video or photo, or maybe a news story, or perhaps another Tweet. You can continue tapping on Tweets, opening new panes, and getting new content as long as you’d like,” writes Rechis.
Media viewing is optimized for the iPad, as well. Videos play in-line with other content and can be loaded while you’re browsing through your timeline. You can pinch a video to view it fullscreen, too.
Finally, Twitter has really done some interesting things with touchscreen capabilities in this app. When you pinch a tweet, you’ll see details about the author and have a list of actions you can take, including reply and retweet. A two-finger pull-down gesture will show the entire conversation around a tweet.\

Wednesday, September 1, 2010

FCC questions Google Verizon deal

The Federal Communications Commission (FCC) is diving deeper into Google and Verizon’s proposed net neutrality framework with a public notice and inquiry into two of net neutrality’s key issues.

The FCC’s seven-page public notice tackles two of the key proposals from the Google-Verizon framework: “Specialized Services” and net neutrality/open internet principles for the mobile wireless Internet. The Google-Verizon proposal has received heavy criticism for excluding wireless Internet from many net neutrality regulations.

“There are two complex issues, however, that merit further inquiry,” reads the report. “The first is the relationship between open Internet protections and services that are provided over the same last-mile facilities as broadband Internet access service. The second is the application of open Internet rules to mobile wireless Internet access services, which have unique characteristics related to technology, associated application and device markets, and consumer usage.”

The FCC has already said that it doesn’t agree with all of the points of the Google-Verizon proposal, and this public notice carries that tone. The FCC’s concern with specialized services seems to be that open Internet protections could be weakened if broadband providers use specialized services to circumvent the rules that apply to broadband Internet access.

On the wireless front, the FCC “seeks comment on ‘how, to what extent, and when’ openness principles should apply to mobile wireless platforms, with a particular emphasis on furthering innovation, private investment, competition and freedom of expression.” In other words, the FCC wants it to make the rules of wireless net neutrality very clear so companies like Google and Verizon don’t use ambiguity to their advantage.

The FCC is giving interested parties a 30-day window for filing comments and a 55-day window for reply comments. This is probably only the beginning; the important issue of net neutrality isn’t going to be resolved anytime soon.

Ellen DeGeneres joins Foursquare

One of the most followed Twitter users Ellen DeGeneres has joined Foursquare. We can confirm its a real account because not only is it connect to her Twitter but she has also tweeted about Foursquare. Even though Foursquare isn't actually the biggest geolocation site it will be, soon. Loopt currently somewhere between 4,000,000 and 5,000,000 users is leading the way but Foursquare recently passed 3,000,000 after just a few months before dancing past 2,000,000. Foursquare is also allot more successful when it comes to celebrities and companies joining location sites Foursquare defiantly leads the way followed probably by Loopt or Gowalla. Foursquare is on its way to taking over the location department, even though Facebook has 250 times more users than Foursquare barley any users have used Facebook places.

Tuesday, August 31, 2010

Shoutitout gets it own guns, patents Shout box

As our readers know Facebook and Shoutitout have been a little un friendly with each other recently. Facebook launching Facebook places target Shoutitout and getting a few patents then glancing at Shoutitout because they have something similar to the patent. Well, besides an amzing translation and music (which Facebook doesn't have either of) Shoutitout really doesn't have much to fight back with... in till today. As Mashable readers know Facebook just grabbed a patent for search not targeted at Shoutitout but Shoutitout just grabbed a patent for its Shout box, very much targeting Facebook. We don't think they plan to take legal action even though they could win at this time because if they do then Facebook will launch multiple patent suits agents Shoutitout, but this is probably Shoutitout's way of saying 500,000,000 users or not we will take you on any time any where. Shoutitout is also launching events soon so the advantage may sway to them at any time. Here is the patent sketch for those of you wanting to see it

Shoutitout gets 1.2M in funding to help develop new mobile site

Shoutitout has received 1.2 Million dollars in funding from UC Capital to help pay for a new mobile site they are in the second half of developing. The sites Mobile chief Jacob Shivers who originally focused on developing the iPhone app has for some reason decided to create a frankly amazing mobile site that we have gotten a alpha testing preview for. The site allows you to check-in create events (which hasn't been released yet) and even use the full functions of forwarding to Facebook and Twitter but they are yet to add Foursquare like the have on there iPhone app, however that may still be to come.

Twitter the only place the celebrate Christmas in September or August...

We went on Twitter to see whats up and the first thing we noticed was Merry Christmas is trending. As far as we can tell its actually wishing everyone a Merry Christmas as in the holiday and not some cheesy movie. We can't tell who exactly started this since the tops tweets about it are people who happen to have allot of followers talking about how weird it is. We really don't know were this comes from besides someone being bored Tweeting this and everyone starting to say it. From the looks of it as well it will be trending for a while. As far as we can tell this is the only social network being dominated by Merry Christmases as well. For now...

Monday, August 30, 2010

Myspace is determined to survive even if they have to use Facebook to do it

MySpace is launching Facebook sync today, allowing MySpace users to sync their status updates with their Facebook profile or Page. The social network launched a similar functionality for Twitter last year.

Once you’ve synced your Facebook account, you can update status on MySpace and it will automatically be shared with friends on Facebook. MySpace is touting this feature as a big win for the growing number of musicians who populate the social network to be able to easily share music and content with fans on both sites.

Of course, it’s not really a two-way sync because you cannot push an update from Facebook to MySpace with the feature (note the one way arrow in MySpace’s image below). Once the feature is fully implemented (meaning, it becomes a two-way sync), status updates should flood the other way, considering Facebook’s massive user base. We saw Yahoo make a similar move, launching a deep integration with Facebook Connect. And AOL also launched a two-way sync with Twitter and Facebook for AIM.

It should be interesting to see what MySpace has in store for us with its new version set to launch this Fall.

Sunday, August 29, 2010

Cisco might be heading towards buying Skype

Cisco has made an offer to acquire Skype before they complete their IPO process, says one of our more reliable sources. We have not been able to confirm this rumor one way or another via other sources, which isn’t surprising. A company in lock down during the IPO process is usually even more tight lipped than normal.

But if true this would be one very big acquisition. Skype insiders are hoping for an out of the gate valuation of $5 billion or so, we’ve heard. Presumably Cisco would have to bidding in that range to make it interesting.

Google was also rumored to be sniffing around Skype, but antitrust concerns may have persuaded them not to make an actual offer.

More as this develops.

Prepare for Cable War 1 and maybe only

Google, Apple, Microsoft, Netflix, Amazon — when you hear these names, you usually think about how these tech giants all compete with one another. But what if they all teamed up for one cause? They’d be unstoppable, right? We’re about to find out.

All of these companies are currently sitting in the same boat about to storm the beaches. Which beaches? Those belonging to the the cable television providers in the U.S. It has only just begun, but the assault is underway.

Let me start by saying that of course the cable companies aren’t about to go away. Even if the mega assault by the tech juggernauts is successful, it will be many years before everyone’s addiction to cable gives way to something else. But it will. And that something else will be content served over the Internet.

And in that regard, the cable companies have positioned themselves fairly well because many of them are among the largest ISPs in the country now. But it’s their core business, cable television, that is facing this assault.

Just take a look at the big picture. Everyday there is a new story about how one of the aforementioned tech giants is on the verge of something new meant to control our time spent watching content — and much of it from the living room. Today’s story is about Google’s big pay-per-view movie plan for YouTube, a new service they’re hoping to debut later this year with full Hollywood studio support. If they land it, it could be huge. But that’s just today’s example.

On Wednesday, at an event in San Francisco, Apple is widely expected to debut their next iteration of the Apple TV — which will likely now be called the “iTV”. Alongside it, they’re expected to unveil a new layer of iTunes that will allow people to rent television shows for $0.99 a pop. Again, that too could be huge.

But it doesn’t really matter if one of these individual things doesn’t hit it big (and certainly the current Apple TV hasn’t). It’s the fact that all of these giant companies are clearly focused on this one thing: invading the living room and changing the way we consume video entertainment.

And they absolutely should be focused on that space. It’s a multi-billion dollar goldmine of potential that is sitting around begging to be disrupted. Consumers want this — even if many don’t realize it yet.

You see, there are plenty of us more tech-savvy consumers who have long thought about severing our ties with cable television — and some of us already have to varying degrees. Most average consumers simply don’t realize there are better alternatives out there yet, because the truth is that there is no singular better alternative right now. But these services from the likes of Microsoft, Apple, Netflix, etc. keep moving forward. And as more enter the game, they keep pushing each other to improve at a more rapid pace.



Cable is vulnerable because for far too long they’ve screwed us all with ridiculous prices for a crapload of content that we simply don’t want. Despite the ever-present promise of a-la-carte pricing, it has never come to fruition. And so our cable bills remain close to (or over) $100 a month. We’re paying for so much stuff we simply don’t want. But we have no choice.

Further, the vast majority of consumers would agree that the cable companies have just about the worst customer service imaginable. They’re continually promising to get better, but they never do. They’re always over-billing, service is always going out, and their phone lines are always jam-packed with complaints that fall upon deaf ears. Compare this to a company like Netflix which actually reaches out to you when they think they might have screwed up — even in the smallest way.

And on top of the garbage customer support, there’s the actual user experience of cable. It’s awful. Each company seems to be competing with the others for who can pick the worst cable box with the shittiest software. For a little while it looked like TiVo may solve that problem with their own DVR box that provided a layer on top of the cable box. But the cable companies put a quick end to that when they started including DVRs in their own boxes — complete with true-to-form god-awful UIs — for far cheaper.

It’s almost unbelievable to me that in this day and age that the user interface many of us have in our cable boxes looks as if it was designed with a crayon by a 6-year-old. This is how we interact with the device that is for many, the most-used in their home: the TV. A lot of kitchen appliances now have better UIs.

Apple, Google, Microsoft, Netflix, Amazon — all of these guys offer experiences that are a million times better than cable. The only thing that’s holding them back is the content. Netflix is the one arguably making the most headway here, but that’s mainly for movies and older television shows. But Netflix is smart in that they’re not trying to do their own thing. They’re great as a supplement to something like the Xbox 360 and soon, undoubtedly, the iTV. If Xbox Live really can get live sports programming too, it will be another step.

The same is true if YouTube gets major Hollywood rentals. Undoubtedly, this will be a part of the Google TV package that will launch later this year. It’s an interesting model because Google TV is a platform that’s meant to lay on top of existing cable. But in that regard, it may end up being a great bridge to move people away from their cable addiction, and towards content over the Internet.

And if Apple’s iTV comes with the television show rentals, it will also be an important step. For most people, buying each television show you want to watch doesn’t make a lot of sense. But renting them for a cheaper price does. As a person who only is interested in a handful of shows, I expect such a solution to be a fraction of a fraction of the cost of my cable bill. I can’t wait.

Amazon has a pipeline into the living room through a few set top boxes already, but they’re also likely working on their own solution — in the same way they have their Kindle solution for digital books. People probably never thought the Kindle and other similar devices would lead to a changing of the book industry as quickly as it has — but it’s happening, just ask the Borders down the street from me which is going out of businesses.

And with cable, it’s going to happen too.

The music industry has already been disrupted. The book industry has been disrupted. The mobile industry has been disrupted. Now it’s time for the cable industry to be disrupted. There are too many major players with too many billions of dollars worth of resources for something not to hit and change the industry. It’s amazing that all of these guys are focusing on the same thing at the same time.

I, for one, cannot wait for the day when cable has to surrender and fall back into its role as a dumb pipe for the Internet. Innovation always tops greed and complacency. Always. The assault is underway.

Shoutitout events, when are the coming and what will they be like?

We know Shoutitout events are planned to launch sometime in September, when, we have no clue. We also have no clue what events will look like. All we do know is that there will be a schedule. If it will be a layout like Google calenders or like Facebook events we don't know either. However, we can guess. First of when they will come out, rumors report they will come out on the 1st,2nd,10th,15th,18th, or 30th which doesn't help. We are using logic to guess sometime around the 15th because that is dead middle of September. Another thing is what exactly will they be like? We don't think they will be exactly like Google Calender though they may have some similarities they don't want to anger there new partners. We think if they are going to anger someone by knocking off of them it will defiantly be Facebook. Facebook recently partnered with all of there location competition but not them with Facebook places so we know that can't make them fans. Or will they launch something completely new? Our guess is that they will have something like Google Calenders hosting all the events but may create pages like the have for places already for e very separate event as well. We are only guess though, what are your thoughts?

Foursquare wins the race to 3,000,000 closing on Loopt fast

Foursquare now has more than 3 million users, if the site’s public user registration numbers are correct.

The 3 millionth member appears to be Brian S. from St. Louis, Missouri, who has yet to check in to any venues via the mobile-based social network.

Foursquare’s growth has been accelerating rapidly lately. The service hit 2.6 million users on August 2, up from 725,000 in March. The launch of Facebook Places, which many thought would bring about the startup’s demise, instead resulted in the biggest day of signups ever, CEO Dennis Crowley recently revealed.

Given that Foursquare appears to have a little more than 3.02 million users now, we can determine that it is growing by more than 15,500 users per day (a little less than the 18,000 per day Crowley told the LA Times last week), or nearly half a million users per month.

Although already rapid, that rate may very well pick up now that Foursquare has taken over Times Square.

Saturday, August 28, 2010

Twitter is dead; Shoutitout just killed it

I hereby declare that Twitter is dead, Shoutitout has just killed it. Shoutitout just rolled out an impressive partnership list along with somethings Twitter has never considered adding. Shoutitout has partnered with Google (for translation), Youtube, Mixpod, and Pandora. They now translate into 48 different languages and have a music video or just music player that looks like an iPhone or iPod touch over below the translation. So with these features i'm declaring RIGHT NOW Shoutitout is better than Twitter.

Foursquare invades the Jumbotron

In terms of brand recognition, it’s hard to top a huge live display billboard in Las Vegas. But Foursquare has managed to do it. As you can see above, they now have a massive, multi-level and multi-angle display practically screaming about the service to all those in Times Square in New York City.

“Check in, find your friends, unlock your city,” the ad reads. In smaller print at the bottom it talks about checking in to American Eagle for some kind of special. Foursquare head of business development Tristan Walker confirms that American Eagle is behind the ad, which he says is the “largest digital billboard in Times Square.”

American Eagle or not, this is clearly a huge ad (and a huge win) for Foursquare itself. Walker thanks Foursquare’s designer Mari Sheibley for designing the thing. And hints that a version 2 is coming.

The phrase “you can’t buy this kind of publicity” comes to mind — probably because Foursquare, while well-funded, undoubtedly couldn’t buy this type of ad. (American Eagle owns the billboard, Walker tells us.) And yet there it is.

This also managed to one-up the big branding rival Gowalla got in New York City earlier this year when they were a part of a massive billboard that loomed large over Madison Square Garden.

This Times Square billboard is just about the opposite of a check in off the grid for the service.

Patent suite day continues Microsoft hits Canadian Tech

























While not the biggest Microsoft-related lawsuit news of the day, Microsoft just announced that it wants to take its patent infringement case against Canadian technology firm i4i to the highest level, seeking review by the US Supreme Court.

Last May, a federal court of appeals upheld the decision of a lower court that Microsoft had in fact infringed i4i’s XML patent (’449), by introducing Microsoft WORD in 2003 and continuing the XML editing capabilities through 2007. Microsoft was ordered to pay i4i $290 million dollars in fees and change the disputed version of Word.

i4i CEO Loudon Owen responded to Microsoft’s petition for a writ of certiorari, “This next step of filing a petition was anticipated — indeed, proclaimed for months by Microsoft. We continue to be confident that i4i will prevail.”

The Supreme Court has yet to decide whether it will review the case.

Friday, August 27, 2010

The hole internet just went to war

The entire Internet (aka Facebook, Google, Apple, AOL, eBay, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube) has just been served with a vague and vast patent violation suit from Microsoft’s co-founder Paul Allen. As patent suits are notoriously unpopular, the response from tech pundits has been apprehensive. Now the companies named are starting to punch back, a representative from Facebook told Uhhmmnews, “We believe this suit is completely without merit and we will fight it vigorously.”

A representative from Google also commented on the validity of the suit.

“This lawsuit against some of America’s most innovative companies reflects an unfortunate trend of people trying to compete in the courtroom instead of the marketplace. Innovation — not litigation — is the way to bring to market the kinds of products and services that benefit millions of people around the world.”

According to the WSJ, “Mr. Allen, a pioneer of computer software, didn’t develop any of the technology himself but owns the patents.”

In the suit, Interval Licensing LLC, a company owned by Allen, lists violations of four decade old patents (6,263,507, 6,034,652, 6,788,314, 6,757,682) that seem to cover basic operations of almost any Internet company including Google, Facebook and Microsoft — who unsurprisingly is not listed by Allen as a defendant — especially patent #657. It also seems as though patents #657 and #314 are exactly the same.

Patent #507 “Browser for Use in Navigating a Body of Information, With Particular Application to Browsing Information Represented By Audiovisual Data.”
Patent #657 “Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device.”
Patent #314 “Attention Manager for Occupying the Peripheral Attention of a Person in the Vicinity of a Display Device.”
Patent #682 “Alerting Users to Items of Current Interest.”
“Defendant Facebook has infringed and continues to infringe one or more claims of the ’682 patent. Facebook is liable for infringing the ’682 patent under 35 U.S.C. § 271 by making and using websites and associated hardware and software to provide alerts that information is of current interest to a user as claimed in the patent.”

“Defendant Google has infringed and continues to infringe one or more claims of the ’682 patent. Google is liable for infringing the ’682 patent under 35 U.S.C. § 271 by making and using websites and associated hardware and software to provide alerts that information is of current interest to a user as claimed in the patent.”

Earlier this month TechCrunch’s Vivek Wadha wrote about why patents in the technology industry are somewhat absurd.

“But in software these are just nuclear weapons in an arms race. They don’t foster innovation, they inhibit it. That’s because things change rapidly in this industry. Speed and technological obsolescence are the only protections that matter. Fledgling startups have to worry more about some big player or patent troll pulling out a big gun and bankrupting them with a frivolous lawsuit than they do about someone stealing their ideas.”

Paul Allen might have just provided us with the most extreme proof of Wadha’s argument yet.

Thursday, August 26, 2010

Guess who is trying to copyright the word "face" and who is trying to stop them

When it comes to trademarks, Facebook is proving to be a bully. It is going after Teachbook in court for using a similar name, and already forced Placebook to change its name. But that is only half the story.

It is not just the word “book” at the end of a company or product name that Facebook might object to. If it has its way, the word “Face” at the beginning of a name might also bring out its lawyers. In fact, Facebook is currently trying to register the word “Face” as a trademark. (It already owns the trademark on “Facebook”). Facebook took over the trademark application for “Face” from a company in the UK called CIS Internet Limited, which operated a site called Faceparty.com. Presumably, Facebook bought the application sometime around November, 2008, which is when its lawyer started dealing with the USPTO.



However, at least one person is objecting to this trademark: Aaron Greenspan. Yup, that Aaron Greenspan, Mark Zuckerberg’s classmate at Harvard who laid a claim to helping create Facebook, which he later settled. Greenspan now has his own company, Think Computer, which is behind the mobile payments app called FaceCash (watch the TCTV interview with him).

If Facebook gets the trademark for the word “Face,” that could spell trouble for FaceCash. “The possible registration has implications for my company (not to mention hundreds of others, including Apple, Inc.), so I’ve decided to ask the USPTO for an extension of time to oppose it,” he explains in an email. Apple, of course, owns the trademark to “Facetime,” the video calling feature on the latest iPhones.

Although Greenspan owns the trademark to “FaceCash”, he wants to protect his ability to use the word “face” in future products. He also wants to make sure Facebook won’t go after him. Given it’s track record of vigorously defending its trademarks (which it is encouraged to do by the law or else risk losing them), that could become a very real possibility.

Getting an extension of time to file an objection is not the same as actually blocking the trademark. But “face” is a pretty generic word and Facebook doesn’t actually use it on its own, only in combination with “book.” If Facebook doesn’t get “face,” maybe it will have better luck with “like.” It has at least 14 applications to trademark that word as well.

Digg is now attacking Twitter in every possible way, gets a "fail ox"


If you’ve been on the new Digg at all in the past day or so you’re probably already familiar with the above “Fail Ox” image, especially if you’re trying to use Digg search. The image is new, and is the result of Digg designer Tyson Rosage‘s obsession with the old school computer game The Oregon Trail.
Digg’s Kevin Rose told TechCrunch and Twitter last night that Digg experienced over 1 million unique visits on its launch day (the site has been averaging about 8.7 million unique visits per month, according to Comscore) as well as “a handful of new bugs.”

“We hope to have all the major issues fixed in the next 24hrs,” says Rose, which might affect the ubiquity of the “404″ page. Consensus among users I’ve talked to is that the site seems to be moving forward from the scaling issues it had yesterday both in terms of speed and in terms of frequency of “Fail Oxen.”

Hey, having a twee “something is broken” image seems to have worked out for Twitter.

Shoutitout got threw the Facebook friend blockade, sort of


As we mentioned yesterday Twitter gave in to Facebooks blockade of finding similar friends after about two months. Shoutitout has had a feature like this but it isn't the same. Shoutitout allows you to connect to Facebook threw the API (like Twitter) and it also allows you to "find friends" that are on Shoutitout and Facebook, however, you have to be connected to Facebook and Shoutitout to use this feature you have to be ON Shoutitout. So its not the best but its a loop hole that Shoutitout is the first to get its hands on.

Wednesday, August 25, 2010

Facebook continues friend blockade, Twitter surrenders.

Remember back in June when we wrote about Twitter’s update to their Facebook app that allowed you to see which of your Facebook friends were also using Twitter? Remember when Facebook blocked that functionality about five minutes later? At the time, both sides noted that they were working to resolve the “issue.” Well, two months later, you can forget about that resolution as Twitter has just updated their app once again, removing that functionality.

To be clear, the Twitter app on Facebook still works — it just works basically as it did before. That is, allowing you to post tweets to your Facebook Wall (for both your profiles and pages) and to sync your profile photo.

For the five minutes the friend look-up feature was alive, it was actually a very useful way to find Facebook friends also on Twitter and follow them with one click (though they had to have the Twitter app installed for you to be able to find them). And my understanding is that Twitter was using the Facebook API the same way that any other third-party app might. So the only conclusion I can draw is that Facebook didn’t like Twitter building their social graph on top of their own.

Facebook has yet to respond to my inquiry into this. Meanwhile, Twitter has this to say:

Several weeks ago, Twitter released an update to its Facebook application: The ability to see which of their Facebook friends have attached their Twitter and Facebook accounts and choose which of those friends to follow on Twitter.

Facebook blocked the ability to access a user’s list of friends within the application. As we’ve not yet been able to come to terms on a solution, we have removed references to the update in the application to avoid user confusion.

Come to terms on a solution? Again, ridiculous. The solution is to let users do this as long as it’s not in violation of the API.

This seems reminiscent of the whole Facebook/Google Friend Connect debacle of 2008. In that situation, Facebook began blocking Friend Connect from accessing their data due to it redistributing the information without a users’ knowledge. Or something. It couldn’t have been because Facebook had just launched the similar Facebook Connect. No.

Obviously, Facebook and Twitter have a somewhat tumultuous history. Ever since Facebook tried and failed to acquire the messaging startup in 2008, relations have been strained. In a recent interview, Facebook CEO Mark Zuckerberg admitted that he “paid too much attention” to Twitter for several months as Facebook evolved its core product to be more about sharing.

It’s also a bit ridiculous that while you can push tweets into Facebook, you can’t pull status updates out to use as tweets. While you can do this from Facebook Pages, you can’t from your actual profile. Facebook has been thinking about enabling this for sometime — and was even testing it — but ultimately decided against turning it on. Regardless, that would be through Facebook itself and not through the Twitter app — another thing Facebook won’t allow.

While Twitter and Facebook are obviously two different services, they’ve both been making moves in recent months to become more like each other. Why? Both want to be the center of sharing on the web. They are two large rivals on a collision course. I, for one, think Facebook has to become even more like Twitter with the ability to have “followers” alongside your friends.

It would just be nice if the two could get along for the sake of the users of both.
Three teenagers, whose names appeared on a “kill list” posted on Facebook alongside the names of 66 others, have been killed in the past 10 days in a southwestern Colombian town.

The Colombian police are investigating the case, but are unsure who posted the list, or why it contains these particular names.

According to CNN and local media outlets, two killings happened on August 15 — two days before the the list was posted on Facebook — warning the people named that they had three days to leave the town of Puerto Asis. At first the police thought the list was a joke, but then a second list with 31 additional names appeared, and a third person on the list was killed on August 20. Another young man was wounded while escaping the attackers.

This prompted the authorities to launch an investigation and post a reward of 5 million pesos (around $2,750) for information about the kill list and the murders.

Gang violence isn’t uncommon in Puerto Asis; according to the authorities, a criminal gang Los Rastrojos as well as a Marxist guerrilla group called the Revolutionary Armed Forces of Colombia are present in the area. However, the use of Facebook to warn the victims, as well as the unknown origin and the purpose of the mysterious list, all make the case highly unusual.

Tuesday, August 24, 2010

Elevation Partners might be about to buy most of Pandora

Elevation Partners’ strategy to own large– even if late stage– chunks of leading Internet companies isn’t going away. We’ve heard from sources close to Elevation that the firm has signed a letter of intent to acquire a large chunk of shares in a “leading online music company” from an early investor, and Pandora spokesperson Deborah Roth has confirmed, “We’re aware that Elevation has been interested in buying Pandora shares.”

Earlier sources close to Elevation had told us that there was one more large secondary deal brewing to invest in a well-known, established Internet brand and that the deal size would be around $100 million. It’s a decent assumption this is the deal in question. Especially considering how long some early investors have been in Pandora, and the general meh-ness of this year’s IPO market. We’ll report more details as we get them.

Bing now powers Yahoo! search

It’s official: Yahoo search is now powered by Microsoft’s Bing, the end result of a deal signed a little over one year ago by the two companies.

That means that combined, Microsoft now owns 28.1% of the search market (as of July 2010’s comScore numbers), though that’s still less than half of Google’s 65.8% share.

The implementation, which has been in testing for about a month, is currently live only in English and only in the U.S. and Canada, with “other languages [to] come in the weeks and months ahead,” according to a statement from Microsoft.

The change might not be immediately apparent to Yahoo users, as the search interface remains essentially the same (and the company has indicated that it will continue to make its own experience enhancements). However, you’ll notice if you look at the status bar in your browser that data is indeed being loaded from Bing.

Another big piece of the deal –- migrating Yahoo search advertisers to Microsoft’s adCenter platform –- is still under development, with Microsoft saying it’s “optimistic about completing this phase later this fall.”

Lady GAGA steals Twitter leader from Brittney

Oh, glorious day. Britney Spears is no longer the Queen of Twitter. She has been toppled from her thrown. A cultural milestone? Perhaps. But wait. The new Queen of Twitter is Lady Gaga. Is that any better? At least she is more entertaining, or at least more self-aware.

Sometime last night, her highness Lady Gaga passed Britney in Twitter followers. She currently has 5,777,492 to Britney’s 5,721,702. And she gloated appropriately enough via Twitter and the odd YouTube video below.

There are currently only five people with more than five million followers on Twitter (Lady Gaga, Britney, Ashton Kutcher, Ellene Degeneres, and Barack Obama). Justin Bieber will soon join them. The top ten people on Twitter are all celebrities, as is most of the top 50. Twitter is mainstream, and has been for a while. But which of those celebrities is able to rally their followers the best to actually do something—whether that is buying albums and concert tickets or rallying behind a cause?

In a way it is appropriate that Lady Gaga is now at the top of Twitter. It is the ultimate medium for constant self-promotion.

The Queen is dead. Long live the Queen.

Monday, August 23, 2010

Tumblr has so many posts it lost count


Tumblr, the blogging/microblogging/ social/whateveryouwanttocallit network has just crossed 1 billion total posts today. You can tell by looking at the number after the “/post/” area in each Tumblr blog URL. Sometime a couple hours ago, it passed 1 billion — and the broken counter on the Tumblr About page confirms this (it was only set to got up to 999,999,999).

Aside from the massive billion number, Tumblr now stands at 7.2 million users. Those users are now generating over 5.2 million posts a day. Their Quantcast data now has them at 1.7 billion pageviews a month.

Yes, the network is still surging.

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