Huawei: “Who are We?” If You’re In Comms, You’ll Be Finding Out

Huawei: In 2004 the networking giant Cisco sued a little-known Chinese company called Huawei for IP (Intellectual Property) theft. Some two months later the case was dropped and settled out of court. Huawei promised to modify their designs, change their software and manuals. Rumours circulating at the time alleged that the Chinese government got involved and told Cisco that if they wanted to operate in China, they should leave Huawei alone.

Huawei was started by People’s Liberation Army officer Ren Zhengfei in 1988, specialising in the research and development of communications systems.

In the west the initial push has been towards core networking equipment for carriers and ISPs (markets which have historically been dominated by Cisco). In this market, Cisco’s normal approach was to offer a base product, then charge extra for additional software feature sets. Huawei’s approach is …. more generous, they include the all of the ‘extras’, while pricing the system around 60% of what Cisco charges for the base platform alone.

Support – throwing people at it
Low, all-inclusive pricing isn’t Huawei’s only winning approach.

If a large customer of Cisco reports a problem, it goes into their tracking system and the customer might be lucky if it’s looked at in a few days. If it’s identified as a bug, it might take a few weeks to isolate and fix.

Huawei: In China engineering talent is relatively cheap and their universities produce very high class students (and lots of them). This brings Huawei another advantage – huge manpower. When bugs are passed to Huawei, they go to their pool of, something like, 20,000 engineers, leading to the faults being tracked and fixed extremely quickly.

The Big Boys are buying Huawei too
Slowly Huawei started to make big inroads into the high-end markets. BT has even selected them as part of their 21st Century Network, (21CN). It’s rumoured in the market, that this will lead to the demise of Marconi (who failed to be selected, even though they’d been a partner of BT for decades).

Cisco – that’s just the start
If you’re in any form of communication business, don’t kick back and think, “Well Cisco needs a competitor. We should be OK.” Huawei’s plans extend far beyond merely eating Cisco’s lunch.

If you get a chance to wander into Huawei’s showroom in China, you may be lucky enough to get taken into a hangar the size of a football field. In one small area there’s the ISP/Telcocore kit, we’ve mentioneed. The rest of the space is filled with other technologies such as IN (Intelligent Network – the brains behind telco voice networks), GSM, GPRS, Edge, 3G, NGN (Next Generation Networks i.e. IP-based voice and data networks like BT’s 21CN), xDSL (both end-user and network), optical (driving fibres), routers and LAN switches and of course consumer devices for it all.

Huawei are currently supplying all sorts of companies. Ever wondered who makes the new USB 3G datacard for Vodafone (the USB one that works on Windows, Mac and Linux)? Huawei.

Initially Huawei picked a ‘small’ market to concentrate on, but now they’re ready to attack the bigger ones. They have the equipment, and the resources to make a huge dent into the existing players markets of all sorts. It won’t just be Cisco suffering.

Huawei

SanDisk Forced to Remove MP3 Players From IFA:Exclusive

Digg this story

Societa Italiana per lo Sviluppo Dell’ Elettronica, S.p.A., (Sisvel), a Turin, Italy-based patent management company filed a complaint with German public prosecutor in Berlin last week over SanDisk not paying Sisvel a license fee for using their ‘essential’ MP3 patent. Prices for stereo equipment start at 60c US per player, reducing with volume.

The German public prosecutor was convinced by the argument and issued an injunction to remove all of the MP3 players from the Sandisk stand. Those visiting the stand will only be able to look at its pictures of the MP3 players.

The outcome
Clearly this will hit Sandisk pretty hard, not only in the embarrassment of the story getting out, but they will not be able to show any of their MP3 players to the German retailers who visit them at IFA – don’t forget IFA is a trade as well as a consumer show.

SanDisk Forced to Remove MP3 Players From IFA:ExclusiveDuring an interview with Digital-Lifestyles [MP3 of Interview], Roberto Dini, consultant to sisvel, in his flamboyant style, made the self-proclaimed extreme comparison of the injunction being like cutting off a supplier at the port, so the goods doesn’t get distributed.

We asked SanDisk to comment, but they said they didn’t currently have anything to say beyond this official statement.

In a litigation currently pending in the Mannheim District Court, SanDisk is showing that its MP3 player operates a technology which is completely different from a certain audio data transmission and reception techniques that has been patented for Philips and others many years ago. An expert opinion from on os the founders of MP digital audio compression substantiates SanDisk’s position. SanDisk is not infringing any patent in the pending litigation

This has history
This isn’t the first time these two have had legal clashes. The battle between the two parties has been well documented, SanDisk even detailed the various legal actions in their latest stock market 10-Q filing last month.

Sisvel have taken action against them in four countries, US, Netherlands, Germany and the UK.

SanDisk have filed its own suit in the English Patents Court back in March, 2006 against Sisvel and owners of the patents Sisvel has tried to assert; Koninklijke Philips Electronics NV, France Telecom SA, Telediffusion de France SA, Institut für Rundfunktechnik GmbH.

Sisvel’s Dini’s response to the action? “It means that the 600 companies, the biggest ones, who have taken a license, they are stupid, because all of the other have paid.”

This one looks like it’s going to run and run.

Listen to the Interview with Roberto Dini, Sisvel
SanDisk
sisvel

Kazaa Owners Settle Lawsuits Globally

Kazza Owners Settle Lawsuits GloballySharman Networks, the company that distributed the file-sharing software, Kazaa, has finally come to an agreement with the media companies that have been chasing them for years throughout courts around the globe.

The details of the settlement was covered by secrecy clauses, but the Associated Press is reporting the settlement figure as $115m, which they say has mostly been paid by Sharman already. The media companies will drop all of their law suits.

As part of the settlement, Sharman has agreed to discourage online privacy using ”all reasonable means.’ How this is be achieved is unclear. Kazaa was specificaly designed to be distributed, making it’s very hard to have any control over the network. It’s design would make the use of filtering software, which would remove or block copyright material, difficult.

Being upbeat Nikki Hemming, CEO of Sharman Networks, enthused, “This settlement marks the dawn of a new age of cooperation between P2P technology and content industries which will promise an exciting future for online distribution in general and Kazaa users in particular.”

Kazza Owners Settle Lawsuits GloballyIt’s understood that the settlement doesn’t require the media companies to provide their content to Kazaa, but equally it doesn’t forbid Kazza carrying copyrighted material, if done ‘legitimately.’

Given the software has been downloaded over 398 million times to date, the media companies could well see the benefit utilising the P2P network.

There was some shock in November last year when Grokster, who like Sharman made software for distributed file-sharing networks, changed their minds and closed down their service.

US Stays Top Of The Spam League

US Stays Top Of The Spam LeagueOnce again, America remains firmly rooted to the top of the league of spam-relaying nations, accounting for a hefty 23.2 per cent of the world’s unsolicited email during the second quarter of 2006

Lurking close behind with a 20 per cent contribution to the global spam total is China (inc. Hong Kong), with South Korea in third with 7.5 per cent.

However, the figures from IT security firm Sophos reveal that both China and South Korea have managed to reduce their spam output since the first quarter of the year, unlike the US which has failed to reduce its spam for the first time in over two years.

Botnets of zombies. Aaaieee!
Sophos explained that the vast majority of the spam tracked by the company was relayed by botnets of ‘zombie’ computers hijacked by Trojan horses, worms and viruses, controlled by devilish hackers.

Graham Cluley, senior technology consultant at Sophos commented that the introduction of the 2004 US Can-Spam legislation in 2004 had resulted in a regular quarter-on-quarter drop in the proportion of US-based spam, Until now, of course.

“Given the number of arrests, and the huge fines dished out to guilty spammers, it is hard to criticise the US for failing to take action, said Cluley.

“Perhaps the reality is that the statistics cannot be reduced any further unless US home users take action to secure their computers and put a halt to the zombie PC problem,” he added.

Eurospam
When it comes to spam-per-continent, Sophos found Asia the busiest around, but noted that spam relaying in Europe continues to grow.

Europe collectively accounted for 25 per cent of the world’s spam in the first quarter of 2006, a figure that has now increased to 27.1 per cent, overtaking North America in the spam spreading league.

Ruski controllers
There may be no sign of Russia in the “dirty dozen” of steeeenkin’ spam-relaying countries, but Sophos reckons there’s still ’nuff bad boys to be found, claiming that Russian spammers may be controlling “vast networks” of zombie PCs.

US Stays Top Of The Spam LeagueEmbedded spam
Spams containing embedded images have seen a huge rise this year, leaping from 18.2 per cent in January to 35.9 per cent in June.

Using images instead of plain text lets spammers bypass some anti-spam filters that weed out spam by analysing the textual spam content.

Pump and dump
Sophos reckons that 15 per cent of all spam emails are now ‘pump-and-dump’ scams, up from just 0.8 per cent in January 2005.

We’ve suffered a ton of these scams which are designed to boost the value of a company’s stock in order for spammers to make a quick profit

“It is worrying to see so many pump-and-dump emails, often with embedded graphics, being spammed out to the general public,” commented Cluley.

“The people that act on these emails are not skilled investors, and do not realise that purchasing the shares is likely to reap no reward, benefiting only the spammers while creating a financial rollercoaster for the organisation in question,” he added.

Although we sympathise with his words, you’d have to be madder than Jock McFruitloop wearing jelly trousers to even consider buying any stocks recommended by these emails.

The Bad Boy tables

Spam relaying countries, April to June 2006:
1. United States 23.2%
2. China (inc. Hong Kong) 20.0%
3. S Korea 7.5%
4. France 5.2%
5. Spain 4.8%
6. Poland 3.6%
7. Brazil 3.1%
8. Italy 3.0% new entry
9. Germany 2.5%
10. United Kingdom 1.8%
11. Taiwan 1.7%
12. Japan 1.6%
Others 22.0%

Spam relaying continents, April to June 2006:
1. Asia 40.2%
2. Europe 27.1%
3. North America 25.7%
4. South America 5.5%
5= Australasia 0.7%
5= Africa 0.7%
Others 0.1%

Sophos

YouTube Sued For Copyright Abuse

YouTube Sued For Copyright AbuseYouTube is being sued by a video news service, Los Angeles News Service for infringing the copyright of their video material, in particular, the footage of the 1992 LA riots, including the horrific attack on a truck driver.

They are asking the court for $150,000 per violation and an injunction barring any further use of their material.

Los Angeles News Service’s (LANS) co-founder, Bob Tur, is credited with creating helicopter news-gathering, when it televised a car chase in 1992, they were also the first to follow OJ Simpson in the well-known slowest car chase ever.

Los Angeles News Service isn’t new to legal action like this. They’ve taken many actions against those who they feel are infringing their copyright, including multiple actions out against news organisations who aired the footage they took of the South Central LA riots in 1992.

Copyright complaints are normally dealt with by way of a take down notice – the body who claims rights over the footage has their lawyer write to YouTube, informing of an alleged copyright breach, asking them to remove the offending material. Until now YouTube’s approach has been to comply with this straight away, asking questions later.

YouTube Sued For Copyright AbuseYouTube has made moves to reduce copyrighted material on their sites, including limiting the length of videos that can be uploaded.

YouTube is pretty powerless to stop people uploading any footage they feel like. Given the sheer amount of footage on there, it just isn’t practical to check the clips before they are shown to the public – hence their strict observance of take down notices.

If this action is successful, YouTube could be in a whole heap of trouble, given the amount of copyrighted material held on there.

Not surprisingly, YouTube have taken keen action against footage of the LA Riot on YouTube. Searching for it turns up some results, mostly recorded footage of news coverage as well as some links to LANS video. Attempting to watch these now displays the message, “This video has been removed at the request of copyright owner Los Angeles News Service because its content was used without permission.”

If you want to see Bob Tur in action in the LA riots, skip forward to 7:30.

Los Angeles News Service Wikipedia

BETonSPORTS In US Gambling Probe

BETonSPORTS In US Gambling ProbeThe gambling industry is today reeling from the news that the chief executive of one of the UK’s largest betting websites, BetonSports, has been arrested in the States on an US indictment “alleging various criminal acts against multiple defendants.”

David Carruthers, the British CEO of BetonSports, was arrested at Dallas, Fort Worth as he tried to change planes and was held overnight in the airport clink.

The company’s shares were suspended in London today, with Carruthers charged under racketeering laws in connection with a US probe of online gambling.

In addition to the criminal charges, the US has filed a civil case in St. Louis federal court, asking that Betonsports be ordered to stop taking sports bets in the US and to return any money held by US customers in their gaming accounts.

US District Judge Catherine Perry responded by issuing a temporary restraining order granting the request, with a hearing scheduled within 10 days.

Other gambling sites responded by going into freefall, with PartyGaming dropping 7.5 pence (7.3 percent), to 95.5 pence early this morning.

BETonSPORTS In US Gambling ProbeIt was the same story with Sportingbet, owners of Paradise Poker, who saw their stock slide 54 pence (19 percent) to 228 pence, while 888 Holdings, the biggest of the online casino companies, crashed 17.5 pence ( 9.1 percent) to 175.5 pence.

Early this morning, BetOnSports PLC issued a statement which included the following:

“The Board have in the meantime been reviewing with their lawyers the impact of the indictment and are considering the serious business impact of the temporary restraining order on its business and that review is continuing. Given the issues and uncertainties involved, until the review is complete and a fuller announcement can be made resolving the uncertainties concerning the future of the Company, the Board has requested the London Stock Exchange to suspend trading in the company’s shares.”

Today’s actions are part of a continuing campaign by US lawmakers to crack down on online gambling, a business which rakes in a mighty $12 billion-a-year.

BetOnSports

ISPs Give Mixed Response On BPI Attempt to Clamp Down

BPI Clamps Down On File SharingThe BPI continued its policy of clamping down on illegal file sharing this week, when it contacted UK ISPs Cable and Wireless and Tiscali with requests to suspend 59 accounts.

BPI Chairman Peter Jamieson said, “We have demonstrated in the courts that unauthorised filesharing is against the law. We have said for months that it is unacceptable for ISPs to turn a blind eye to industrial-scale copyright infringement. We are providing Tiscali and Cable & Wireless with unequivocal evidence of copyright infringement via their services. It is now up to them to put their house in order and pull the plug on these people.”

In a statement, Cable and Wireless said “Cable & Wireless and its ISP, Bulldog, have an acceptable use policy that covers illegal file-sharing. This would normally mean that any accounts used for illegal file-sharing are closed. We will take whatever steps are necessary to put the matter right.”

Tiscali questioned the BPI’s approach – which saw the announcement being delivered to the press at the same time as the ISPs – and its evidence. In a letter to the BPI, Tiscali pointed out that “You have sent us a spreadsheet setting out a list of 17 IP addresses you allege belong to Tiscali customers, whom you allege have infringed the copyright of your members, together with the dates and times and with which sound recording you allege that they have done so. You have also sent us extracts of screenshots of the shared drive of one of those customers. You state that such evidence is “overwhelming”. However, you have provided no actual evidence in respect of 16 of the accounts. Further, you have provided no evidence of downloading taking place nor have you provided evidence that the shared drive was connected by the relevant IP address at the relevant time.”

BPI Clamps Down On File SharingIn a statement on 12th July, the BPI stated “Early responses from both companies suggest that they will suspend accounts which have clearly been used for illegal filesharing” and indicated that it could supply detailed evidence on the other 16 Tiscali addresses. In an interview on More Four News Tiscali spokesman Richard Ayres said Tiscali’s message to the record industry is “Come to us, give us the details and we’ll absolutely work with you.” Which would seem to be in contradiction of Tiscali’s own letter, which also stated that “Tiscali does not intend to require its customers to enter into the undertakings proposed by you and, in any event, our initial view is that they are more restrictive than is reasonable or necessary.”

Whatever the outcome, the action represents a new approach to the copyright battle that is focused on service providers instead of individuals. Some feel that copyright infringement is being used as a way to stifle innovation and free speech.

Copyright activist Cory Doctorow, claimed that “The BPI is basically asking to replace the “notice-and-takedown” regime that allows anyone to censor any Web-page by claiming it infringes copyright with an even harsher regime: notice-and-termination, where the ability to communicate over the Internet can be taken away on the say-so of anyone who claims you’re doing something naughty with copyright…If this regime had been in place when VoIP was invented, there would be no VoIP”.

BPI Clamps Down On File SharingCoincidentally, the BPI action comes at the same time that the (US based) EFF launched its Frequently Awkward Questions for the Entertainment Industry. The FAQ features a number of pointed questions designed to counter the aggressive behavior of US copyright protection agencies such as the RIAA and MPAA. Among them are points such as “The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement. That’s over $75,000,000. Has any money collected from your lawsuits gone to pay actual artists? Where’s all that money going?” and “The RIAA has sued more than 20,000 music fans for file sharing, yet file sharing continues to rapidly increase both online and offline. When will you stop suing music fans?” In the UK, the BPI has issued proceedings against 139 uploaders in the last three years. Of those, 111 settled out of court, paying up to £6,500 in settlement.

The BPI was noticeably absent from the group of industry organizations which gathered in London on the 12th of July to discuss new ways of charging for electronic distribution of copyright material. Their proposal, that “unlicensed intermediaries – rather than consumers” should be “the target of copyright enforcement actions”, was described as “ill-conceived and grasping” by Suw Charman, executive director of the Open Rights Group.

This fragmented and seemingly ad-hoc approach to the copyright issue is doing little to help the overall debate and a groundswell of resistance to both copyright and the way it is enforced has given birth to organizations such as the Pirate Party who demand wide-scale reform of the whole concept.

US Democratic Party Adopt Net Neutrality

The US Democratic party has adopted net-neutrality as a party-political issue following the rejection of a second pro-neutrality amendment in a vote late last week.

Previously we reported on the demise of the first pro-neutrality amendment as part of the ongoing review of US telecommunications law.

The Senate Commerce Committee were tied at 11 for and 11 against, with Republican members voting against the amendment and Democrats for it. A majority vote is necessary for a bill to pass. Afterwards, Republican Senator for Alaska, Ted Stevens, gave his reasons for voting against the bill as well as displaying his obviously comprehensive grasp of the technicalities of the Web, “It’s a series of tubes. And if you don’t understand those tubes can be filled and if they are filled, when you put your message in, it gets in line and its going to be delayed by anyone that puts into that tube enormous amounts of material, enormous amounts of material.”

The Democratic party subsequently took up the issue with the slogan “Republicans: They sold the environment to Exxon, and sold the war to Halliburton. Now they want to sell the Internet to at&t.”

Former presidential candidate Senator John Kerry commented, “This vote was a gift to cable and telephone companies, and a slap in the face of every Internet user and consumer.” Another Democrat, Senator Ron Wyden, placed a ‘hold’ on the bill which temporarily stops further progress but a decision is inevitable and both sides are marshaling forces behind their cause.

Lawrence Lessig greeted news of Democratic support with caution, “Good for the Dems that they got it. Bad that the issue is now within the grips of party politics.” He acknowledged that, give the amount of money involved, political involvement was inevitable.

Many fear that the loss of net-neutrality will signal virtual civil war on the Internet and that commercial interests are having too much effect on the US Legislature. Jeannine Kenney, Senior Policy Analyst, Consumers Union offered a concise summary, “The network neutrality nondiscrimination principle, which protects competition, maximizes consumer choice, and guarantees fair market practices, is one step closer to being abandoned with the Senate Commerce Committee’s vote. This endangers the most important engine for economic growth and democratic communication in modern society. Nondiscrimination made possible the grand successes of the Internet. Its removal can take them away.”

iTunes Law: France Court Controversy

iTunes Law: France Court ControversyLast week the French legislature approved a new law which could radically change the landscape of digital audio. The so-called ‘iTunes Law’ is designed to break the control hardware manufacturers exert over the type of content that can be played by their digital music players and software. The result would be that companies such as Apple, Microsoft and Napster would have to make their data formats interoperable, thereby opening their systems to music from rivals. A regulatory body could be set up to police the sector.

Apple has not yet responded to this development but has previously called the bill “state-sponsored piracy.” The US based group, Americans for Technology Leadership (founded by technology companies), commented “Once government regulators take away a company’s intellectual property rights and dictate that they must allow competitors to benefit from their creations, they break the cycle of innovation that benefits consumers by destroying the incentive companies have to create new and better products.”

While it’s not surprising that technology companies would wish to defend their business models, consumers could be forgiven for finding the current plethora of differing standards, restrictive legal agreements and crippled playback formats a significant turn-off. Anyone who remembers vinyl, or even pre-DRM CDs, may recall a simpler world where all the players could play all the media and might wonder where things went awry? French Culture Minister, Renaud Donnedieu de Vabres, said “Any artist’s work that is legally acquired should be playable on any digital device”.

iTunes Law: France Court Controversy The iTunes Law does, however, leave a get-out for the tech companies. A newly-added clause permits artists to exercise control over additional DRM. In short, artists could object to their music being transferred into other formats, thereby ensuring that current practices could continue unaffected. This loophole would require renegotiation of existing contracts, something Apple et al may wish to avoid given record companies’ desire to recoup perceived losses due to piracy. Lawyers observed that the new law is complex and its impact will be difficult to judge until it is tested in court.

The bill is likely to become law in France within a matter of weeks and its progress has kicked off a debate about access to digital content in countries across Europe including the UK, Norway, Denmark and Sweden. With several countries poised to review national copyright laws in the coming months, the iTunes Law could have wide-ranging impact.

BPI vs AllofMP3: Granted ‘first hurdle’ by UK High Court

BPI vs AllofMP3: Granted 'first hurdle' by UK High CourtUK British music recording industry trade association, the BPi, has today issued a statement that they have “successfully jumped the first hurdle in its battle to have unauthorised Russian download site AllofMP3.com declared illegal.”

AllofMP3 has been really getting on their wicks for a long time, as it sells music downloads for normally under $2 per _album_ rather than the 99c per track that iTunes has made standard. Given the choice between the two prices, many people are going the cheaper route offered by AllofMP3.com.

To take action against an entity outside the UK, the BPI is required to apply to the UK High Court. This is what has now been granted.

The BPI’s next steps aren’t certain and they told us that they contemplating various options. Possibilities include taking personal legal action against the owners/directors of AllofMP3 or against the company as a legal entity.

They informed us that various treaties exist between the UK and Russia for pursuing legal actions.

BPI vs AllofMP3: Granted 'first hurdle' by UK High CourtThe argument of the BPI is that AllofMP3 has no right to be selling the music, as they aren’t licensed to do so. AllofMP3 counter that they are “authorized by the license # LS-3М-05-03 of the Russian Multimedia and Internet Society (ROMS) and license # 006/3M-05 of the Rightholders Federation for Collective Copyright Management of Works Used Interactively (FAIR).”

We asked the BPI about this and they claimed that ROMS “wasn’t a collection society recognised by the UK industry.”

It’s clear that the BPI isn’t going to just let AllofMP3 continue with what they view as illegal activity. Taking legal action across International boarders is pretty tough, as is enforcing these legal actions. The BPI’s lawyers must be rubbing their hands with glee.

ifpi’s words on AllohMP3
AllofMP3.com’s view on their legality