Apple Loses Court Bid Against Bloggers

Bullying Apple Loses Court Bid Against BloggersApple’s attempt to identify the sources of leaked product information that appeared on Mac enthusiast websites has fallen flat on its face after a Californian court ruled that on-line reporters and bloggers are entitled to the same protections as traditional journalists.

Apple filed the lawsuit in December 2004 in Santa Clara County after ‘trade secrets’ related to GarageBand, their recording and editing music software, were passed on to bloggers at PowerPage.org, AppleInsider.com, and MacNN.com.

Looking to strip the bloggers of the protection afforded to journalists under California’s shield law, Apple claimed that by reposting “verbatim copies” of Apple’s internal information while exercising “no editorial oversight at all,” the bloggers were not ‘legitimate’ journalists.

Bullying Apple Loses Court Bid Against BloggersThe court was having none of it, with a unanimous ruling giving the three online publications protection under the shield law, as well as the constitutional privilege against disclosure of confidential sources.

Writing in a 69-page ruling, Justice Conrad Rushing of the 6th District Court of Appeal underlined the legitimacy of bloggers as bona-fide news-gatherers: “In no relevant respect do they appear to differ from a reporter or editor for a traditional business-oriented periodical who solicits or otherwise comes into possession of confidential internal information about a company”

“We decline the implicit invitation to embroil ourselves in questions of what constitutes ‘legitimate journalism,” he continued.

Bullying Apple Loses Court Bid Against Bloggers“The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here,” added Justice Rushing.

The Electronic Frontier Foundation, who filed the petition on behalf of the journalists, declared the decision a “victory for the rights of journalists, whether online or offline, and for the public at large.”

“The court has upheld the strong protections for the free flow of information to the press, and from the press to the public,” said EFF attorney Kurt Opsahl in a statement.

EFF

Pearson To Develop iPod Educational Material

Pearson To Develop iPod Educational MaterialAll of those children who have been struggling to get their parents to buy them the playground-must-have, an iPod, now have the ultimate excuse – “But it’s for my edukashon!”

Pearson Education are to develop educational content for teachers and students which will play on an iPod. What a perfect strong-arm tactic, one that I’d imagine parents will find hard to refuse.

Pearson will also be buying Apple’s PowerSchool, their student information systems division for an undisclosed amount. PowerSchool is a Web-based system that reports on the performance, grades, homework and attendance of many US school children.

Pearson To Develop iPod Educational MaterialDeja Vu
John Couch, Apple’s vice president of Education, gave forth, “Apple’s commitment to education has never been stronger, which is why we’re excited to broaden our relationship with Pearson. Our customers will love having Pearson’s education content on their iPods, and we’re confident that PowerSchool will continue to flourish and grow with Pearson.”

What to expect on the iPod
Both students and teachers will have great reason to become iPod owners.

Pearson To Develop iPod Educational MaterialStudents will be able to download study guides that work with Pearson’s educational texts and listen to review notes to prepare for exams.

They also hook in the teachers by giving access to podcasts on professional development, helping with lesson preparation and guidance in connecting with students struggling with specific content.

Pearson To Develop iPod Educational MaterialApple has used this approach previously. Many years ago Apple started selling their computers to school children at a discount, with the logic that if they were hooked early, they’d be in the Apple-way for the rest of their lives.

This latest iPod-driven move is genius – but we can’t help feeling it’s eering on the evil-genius side.

Beatles Lose To Apple Computers

Beatles Lose To Apple ComputersAs is now part of computer-lore, Apple Computers were called so because of the founders loves of the Beatles and their record label, Apple Corps.

Then money got involved and the love started to fade.

Back in 1981 Apple Corps and Apple Computers came to a legal agreement over the use of the Apple trademark, but this was on the condition that Apple Computers didn’t enter the music business.

It all got a bit heated back in 1989 when both parties must have spent a fortune on a case that dragged out over two years at London’s High Court. The precise details of the settlement weren’t made public, but money was have though to have passed to the record label from the computer company.

Beatles Lose To Apple ComputersLatterly Apple Corps, with some justification, felt that Apple Computers had now entered the music business, through their iPod players and iTunes music store, so they brought legal action again.

Today we got judgement. The Judge of the case, Mr Justice Edward Mann, came done on the side of Apple Computers saying that they used the Apple logo in connection with their iTunes stores not the music, so there had been no breach.

Slightly confused? The Judge said that the Apple logo isn’t ever directly tied to specific music titles or artists. The judge agreed, and noted that the Apple logo was integrated into the store, not the music sold.

The more sharp-eyed among you will have noticed that iTunes doesn’t have a great deal of Apple branding on it (but it does have the bitten-Apple logo), perhaps for the very reason of the chance of legal action. Following this verdict, it will be interesting to see how or if this changes.

Beatles Lose To Apple ComputersWhat drove the legal action?
We’ve been wondering what the driver for this was this action down to macho pride or an attempt at financial gain?

OK, there has been a history of Apple computers and Apple Corp with their logo, but don’t the Beatles have enough money already – I mean they’re swimming in the stuff aren’t they?

Please tell me something funny
What can we tell you that’s a bit fun about this story which is frankly pretty dry? Geoffrey Vos QC who represented Apple Corps, downloaded Chic’s Le Freak (1978 version) when demoing iTunes to the courtroom

(Please let there not be another legal battle between these two again, I’m really bored in having to type out Apple Corp and Apple Computers)

Pixar And Disney Wed

Pixar and Disney WedA quick catchup. We’ve been covering the Pixar/Disney, will they/won’t they get together for a while now and see that it’s finally come to pass that the Pixar board have voted to join Disney.

In the all-stock transaction, 2.3 Disney shares will be issued for each Pixar share. The most senior Pixar people will be taking interesting, senior roles at Disney reporting directly to Robert A. Iger, President and Chief Executive Officer Disney. Jobs will be joining the Disney’s Board of Directors as a non-independent member.

As we’re sure you know, Pixar has been providing Disney with computer-generated (CG) masterpieces for 11 year.

It all got going when Steve Jobs, after getting kicked out of Apple by John Sculley, the man he brought in to ‘take Apple to the next level’ (who in fact nearly killed it), bought the computer graphics division of Lucasfilms in 1986 for a cool $10m.

Initially Pixar survived by making adverts such as the boxing Listerine bottle, picking up a hamper of awards in the world of CG.

Big things started to happen in 1995 when Pixar simultaneously went public in the US, raising $140m, and their first film with Disney, Toy Story, hit the cinema. It became the highest grossing film of 1995 taking $362m worldwide at box office alone. We’re sure you all remember the masses of merchandising, making Disney huge amounts of extra income.

Pixar and Disney WedIn 1998 A Bug’s Life came along also bringing $362m in worldwide ticket sales, 1999 saw Toy Story 2 ($485m). The following years saw Monsters Inc, Finding Nemo, The Incredibles all do very well, sealing Pixar as _the_ CG animation stuido.

Pixar and Disney had a very public spat where Pixar said that they wouldn’t supply their films to Disney exclusively. Disney played it all cool, effectively saying ‘see if I care?’ We can plainly see from the purchase that they did actually care quite a lot.

Pixar
Disney

Macintosh Users Excluded From Channel 4 ‘Lost’ Downloads

Macintosh User Excluded From Channel 4 'Lost' DownloadsChannel 4 is offering a UK online exclusive of the entire first series of the cult hit show, Lost.

From today, fans of the slightly unhinged drama can download full episodes of Lost on to their PCs.

Every episode from first season has been made available, with brand new episodes from Season Two being made available one week after transmission on Channel 4’s website.

Macintosh User Excluded From Channel 4 'Lost' DownloadsYou’ll have to be quick to watch the new series online though, as episodes one and two will only be free to view for two weeks (until May 11th 2006.)

Once that deadline has passed, viewers will have to whip out their credit cards and purchase each episode for 99p via a secure registration system.

Macintosh User Excluded From Channel 4 'Lost' DownloadsObsessive fans hoping to work out the dark complexities of the series by analysing each show in infinite detail will be disappointed to learn that it’s only possible to watch episodes for a 24 hour period on a single PC before the pesky thing goes into auto-destruct,

Mac users already miffed to find that the series isn’t available on iTunes will be even more annoyed to discover that the Lost downloads are only available to PC users with Microsoft Window Media Player 10.

System requirements
Macintosh User Excluded From Channel 4 'Lost' DownloadsLost video is only available to UK users using Windows Media Player 10 or above.
Windows 2000 or XP
Internet Explorer 5.5 or 6
A broadband Internet connection of at least 500 kbps
Flash Player 6.0 or higher
Internet Explorer’s “Privacy” settings set to the default “Medium” setting
Firewalls and pop-up blockers disabled

Channel 4: Lost

Non-Windows Attacks On The Rise

Non-Windows Attacks On The RiseAttacks against non-Windows operating systems – particularly Linux – are growing quickly, according to a Kaspersky Lab report.

Although the figures are infinitesimally small compared to the depressingly regular onslaught of nasty beasties targeting Windows users, Linux malware figures more than doubled in 2005 (up to 863 from the previous year’s 422).

The report, posted by Konstantin Sapronov on the Viruslist.com Website, also noted that other Unix-based systems were experiencing similar rises in attacks.

The increase in malware is seen as a result of the growing popularity of alternative platforms.

“Slowly but surely Linux is being chosen over Windows not only for servers, but also for desktops,” explained Sapronov.

“Mac OS X’s (stock) may also rise. Since Apple has switched to Intel processors, Macintosh is rapidly gaining popularity,” he added.

The report notes that with Apple’s OS X kernel being based on FreeBSD, the experience of creating malware for that platform may also be applied to create OS X malware in the future.

The author points to the two “proof of concept worms for OS X” (below) as evidence for errors in the system architecture, adding that “OS X may be fertile soil for security researchers.”

2005: *nix Malware Evolution

Non-Windows Attacks On The RiseThose Mac bugs
Posted up late last week by independent researcher Tom Ferris, ‘proof of concept’ code has been revealed that could be used to crash applications or even run unauthorised code on Apple machines.

The code takes advantage of bugs in the Safari browser and the Mac OS X operating system, with Ferris highlighting exploiting a total of seven bugs.

Posting on his Security-protocols.com blog, Ferris said that Apple had been made aware of the bugs and plans to fix them in “the next security release.”

Writing in his blog, Ferris commented, “There [seem] to be some problems with the claimed solid-as-a-rock Unix OS Getting Safari to crash in many different spots is trivial, as where Firefox is very tough.”

The SANS Institute’s Internet Storm Center rated the severity of Ferris’s bugs as “highly critical,” warning that there are currently no patches or workarounds available for the majority of these vulnerabilities.

Apple had declined to comment as we went to press.

Boot Camp From Apple Runs Windows XP on Intel Macs

Boot Camp Runs Windows XP on Intel MacsAfter hackers successfully managed to get an Intel-powered Mac running Windows XP operating system last month, Apple has come up with its own, simplified solution.

Now available as a 83 meg free beta download from Apple’s Website, the new Boot Camp application makes it possible for users with a Microsoft installation disc to install Windows XP on an Intel-based Mac.

Once loaded, Mac users simply have to hold down the option key at startup to choose between Mac OS X and Windows.

If they choose to run Windows, the Mac will run the OS natively, with just a restart needed to return terrified Mac users back to the Apple OS.


How it works

Intel Mac users must first ensure that they’re running the latest version of Mac OS X and that it’s loaded with the latest firmware updates.

After it’s been installed, the Boot Camp software then burns a CD containing drivers necessary for Windows to recognise Mac-specific hardware, before handholding users through the process of setting aside a section of the hard drive for the Windows installation.

The machine is then ready for the Windows installation disc (users will have to buy that separately) – the only tricky part here is manually making sure that XP installs on the Mac’s C drive (otherwie it might overwrite programs and files).

Boot Camp Runs Windows XP on Intel MacsOnce the installation process has done its thing and the Mac booted into Windows, users must then slam in their Drivers CD and sit back while it does it thing.

And then – bingo – Mac users are free to wander about in the wonderful world of Windows, with the comfort blanket of the Mac OS just a reboot away,

Release date
Boot Camp will be included in Apple’s next major Mac OSX release (Leopard) which will be previewed at Apple’s Worldwide Developer Conference in August.

“Apple has no desire or plan to sell or support Windows, but many customers have expressed their interest to run Windows on Apple’s superior hardware now that we use Intel processors,” explained Philip Schiller, Apple’s senior vice president of Worldwide Product Marketing.

“We think Boot Camp makes the Mac even more appealing to Windows users considering making the switch,” he added.

More information can be found at www.apple.com/macosx/bootcamp

Microsoft ‘World’s Most Valuable Brand’

Microsoft 'World's Most Valuable Brand'Two new studies into branding have produced two very different results, with a UK study declaring Microsoft the strongest brand in the known universe, while research in the US saw consumers slapping Microsoft down to near-bottom of their ‘most trusted’ list.

Brand consultancy Millward Brown Optimor (MBO) rated companies by calculating the value their brand was expected to generate in the future.

Microsoft topped the list, with the study showing most consumers held positive feelings about the brand. Andy Farr, executive director at MBO commented, “When you look at what customers and consumers say to us, they do hold Microsoft in high regard.”

“They don’t love [Microsoft] like they love Google but they respect it,” he added just before his laptop crashed.

The survey results were based on a load of marketing guff that involved measuring buzzword-laded criteria like ‘brand momentum,’ ‘intangible earnings’ and ‘brand contribution,’ whatever all that means.

Tech companies hogged four of the top 10 global brand places with Vodafone grabbing the number one UK slot, while Google came in seventh overall for global brands and second for the tech sector,

Big-boy retailers also figured prominently, with Wal-Mart coming in at number six and Tesco notching up 30th place overall and number two in the UK).

According to the study, these are the top ten global brands (rated in $millions):
Microsoft Corporation ($62,039)
GE ($55,834)
Coca-Cola ($41.406)
China Mobile ($39,168)
Marlboro cigarettes ($38,510)
Wal-Mart ($37,567)
Google ($37,445)
IBM ($38,084)
Citigroup ($31.028)

Microsoft 'World's Most Valuable Brand'Bose, Dell, and Apple Score High On Trust
Across the pond, a brand study by Forrester Research saw Bose, Dell and Apple Computer being declared as technology brands trusted by U.S. consumers, with users warily eying the likes of Toshiba, Hitachi, Microsoft, Gateway and LG.

Forrester surveyed 4,700 US households between September and October last year to find out how much they trusted 48 technology brands.

The results weren’t too encouraging for the industry, with the survey showing an across-the-board drop in trust in consumer computer and electronics brands – a trend continuing from 2003.

In the survey, only Apple and TiVo managed to register an increase in consumer trust between 2003 and 2005.

With Microsoft’s brand scraping in at a lowly 20th spot out of the 22 companies included in the poll, Forrester’s warned that Microsoft faces big a consumer defection risk.

With a deft turn of marketing-speak, Forrester analyst Ted Schadler observed that, “A decline in trust causes brand erosion and price-driven purchase decisions, which in turn correlates with low market growth.”

“Trust is a powerful way to measure a brand’s value and its ability to command a premium price or drive consumers into a higher-profit direct channel,” concluded Ted Schadler.

Intel Mac Photoshop Users Face Long Wait

Intel Mac Photoshop Users Face Long WaitFrappuccino-supping designers desperate to run Adobe’s high-end Photoshop graphics suite on their shiny new Intel-powered Mac computers are going to be in for a long wait, according to Adobe engineer Scott Byer.

Writing in a company blog, Byer said that the costs of updating the latest version to run on Intel-powered Mac computers would prove too high, adding, “There’s no limited-cost option for getting most of the performance available on the platform for Photoshop in a short amount of time.”

Byer went on to say that that building a ‘universal binary’ version of Photoshop for OS X on Intel would be “no small task” because Apple’s XCode development tool wasn’t up to the job.

“Apple is doing an amazing job at catching up rapidly, but the truth is we don’t yet have a shipping XCode in hand that handles a large application well,” he said.

Intel Mac Photoshop Users Face Long WaitApple’s switch from PowerPC to Intel chips has forced software vendors to rewrite their code to accommodate the different architecture as the chips don’t share the same ‘language.’

To bridge the gap, Apple created the Rosetta technology to translate PowerPC instructions into Intel code, but this interpreter can heavily impact on calculation speeds, with Vnunet claiming that tests running Photoshop on the new Intel Macs have shown the program running at only half the speed of a previous generation PowerPC machine.

With the graphic design sector making up a large chunk of Apple’s user base, the absence of a fully optimised version of the numero uno design application may prove a barrier to professional users switching to Intel Macs.

Intel Mac Photoshop Users Face Long WaitCurrently, only Apple’s iMac, MacBook Pro and Mac Mini machines are powered by Intel chips, with the iBook and PowerMac machines still using IBM PowerPC chips.

With the current version of Photoshop CS2 being released last April, Intel Macheads may be in for a long wait for CS3, with Adobe’s usual timetable suggesting a projected release date some nine months away.

Finishing on a high note, Byer commented, that it would be “far better to focus on making sure Photoshop CS3 is able to absolutely squeeze every ounce of power out of what I’m sure will be pretty spankin’ Intel-based towers by that point than to do tons of work moving an old code base to new tools”

Scott Byer’s blog

Max-Joy MP3 Player For Kids

Max-Joy MP3 Player For KidsBack in our day, the only round thing that kids had in their pockets were marbles, conkers and gobstoppers, but German MP3 player maker Maxfield wants kids to shell out for their Max-Joy digital music player.

Targeted at pocket-money-rich young ‘uns between six and twelve years old, the Max-Joy offers comes in a playground tough, water-resistant shell.

Resplendent in two-tone red and yellow, the 50g, 8 x 5.6 x 2.6cm device sports chunky operation buttons and an “extra-luminous” two-colour OLED screen.

To protect the delicate ears of schoolkids from repeated plays of Sludgefeast, the Max-Joy limits the audio output to 60dB through the supplied Koss-designed earphones.

Max-Joy MP3 Player For KidsThere’s 256MB of on-board storage, with the option to add more song space via a SD memory card slot.

In line with its kid-friendly aspirations, Maxfield is lobbing in a free 128MB MMC along with some music and audio books (which will no doubt be promptly deleted and replaced by death metal favourites like Decapitated, Devourment, Vomit Remnants, Cannibal Corpse and Gorguts).

The player supports MP3, WMA and WMA DRM with six EQ pre-sets allowing for some sonic adjustments.

Max-Joy MP3 Player For KidsThe Max-Joy runs off a single AAA battery, which the makers claim will give up to 19 hours’ playback time, offering plenty of potential for parents to get a bit of peace.

The only thing that worries us is that the unit’s pebble shape just asks, nay begs, for it to be launched skywards. Or maybe that’s just us.

The Max-Joy is expected to appear on Amazon.co.uk soon for around sixty quid (~$105, ~€87).