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The federal judge overseeing the Apple-Samsung case asked a question last week that is clearly on everyone’s mind. When will all of this mobile patent warfare come to an end? Unfortunately, the responses that she and the rest of us got back indicate that the answer is probably no time soon.

For her part, Judge Lucy Koh urged the parties to rethink their combative approach. “I’ve said this all along,” Judge Koh said during the hearing. “I think it is time for global peace.” She made a similar suggestion at the end of the trial, also to no avail. With no real alternative, Judge Koh is working on deciding various post-trial motions and getting things set up for the inevitable appeal. However, she said a settlement would be better.


Judge to Apple and Samsung: So How Does All This End?
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According to a staff memo for the Dec. 12 hearing on incentive auctions in the House Communication Subcommittee, House Republicans aren't happy with the Federal Communications Commission’s proposal to "give away" spectrum for unlicensed use a part of the incentive auctions, saying it risks "short-changing First Responders, squandering much of the legislation's potential, and violating the act."

They also argue that limiting who can bid at the auction could violate the law. The Republicans are also not happy with the FCC's proposal seeking comment on spectrum aggregation and whether it should restrict the amount of spectrum entities could bid for at auction. The Republicans see that as a way to limit the participation of larger carriers. "Excluding parties from the auction, as the FCC's aggregation NPRM contemplates, would likely hinder the broadband objectives of the act as well as reduce auction proceeds."


House Republicans Slam Unlicensed 'Giveaway'

The Federal Communications Commission’s Media Bureau announced the release of updated water files for certain markets in anticipation of the resumption of Auction 83 FM translator application processing in the near future. The Low Power FM (LPFM) Fourth Report and Order included a detailed LPFM spectrum availability analysis at selected grid points within core areas in 156 studied markets. A description of the Bureau’s methodology and the summary results of its analysis appear in the Fourth Report and Order’s Appendices A and B. The Commission relied on this same methodology to fashion new processing rules for FM translator applications that remain pending from the 2003 Auction 83 window, and upheld and clarified these processing rules in the LPFM Fifth Order on Reconsideration. To help FM translator applicants identify protected LPFM channel/grid point combinations, the Bureau released the spectrum availability analysis program and data files by Public Notice on April 30, 2012. However, based on user comments and its own independent review, the Bureau has identified a few minor discrepancies in the files used to exclude grid points at locations over water or not within the United States. Specifically, the Bureau has updated the water files for Chicago, IL, Detroit, MI, Jacksonville, FL, and Los Angeles, CA.


Media Bureau Releases Updated Low Power FM Spectrum Availability Data Files

Federal Communications Commission Julius Genachowski announced the formation of an agency-wide Technology Transitions Policy Task Force under the leadership of Sean Lev, the Commission’s General Counsel, who will serve as Interim Director, and Rebekah Goodheart, Associate Chief of the Wireline Competition Bureau, who will serve as Deputy Director.

Chairman Genachowski said, “The Technology Transitions Policy Task Force will play a critical role in answering the fundamental policy question for communications in the 21st century: In a broadband world, how can we best ensure that our nation’s communications policies continue to drive a virtuous cycle of innovation and investment, promote competition, and protect consumers?” The nation’s broadband transition means that communications networks are increasingly migrating from special purpose to general purpose, from circuit-switched to packet-switched, and from copper to fiber and wireless-based networks. Among other issues, the Task Force will coordinate the Commission’s efforts on IP interconnection, resiliency of 21st century communications networks, business broadband competition, and consumer protection with a particular focus on voice services. The Task Force will also consider recommendations from the Technological Advisory Committee on the PSTN Transition, coordinate with the NARUC Presidential Task Force on Federalism and Telecommunications, and evaluate the feedback from the FCC’s pending field hearings on Superstorm Sandy. The Task Force will conduct a data-driven review and provide recommendations to modernize the Commission’s policies in a process that encourages the technological transition, empowers and protects consumers, promotes competition, and ensures network resiliency and reliability.


FCC Announces Formation of 'Technology Transitions Policy Task Force' Statement (Commissioner Pai) FCC Creates Tech Transition Task Force (B&C) Walden Statement on FCC’s “Technology Transitions Policy Task Force” (Chairman Walden) Statement (AT&T) FCC creates tech transition task force (The Hill)
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The Federal Trade Commission issued a new staff report, “Mobile Apps for Kids: Disclosures Still Not Making the Grade,” examining the privacy disclosures and practices of apps offered for children in the Google Play and Apple App stores.

The report details the results of the FTC’s second survey of kids’ mobile apps. FTC staff found little progress toward giving parents the information they need to determine what data is being collected from their children, how it is being shared, or who will have access to it. The report also finds that many of the apps surveyed included interactive features, such as connecting to social media, and sent information from the mobile device to ad networks, analytics companies, or other third parties, without disclosing these practices to parents. The survey found that:

  • Parents are not being provided with information about what data an app collects, who will have access to that data, and how it will be used. Only 20 percent of the apps staff reviewed disclosed any information about the app’s privacy practices.
  • Many apps (nearly 60 percent of the apps surveyed) are transmitting information from a users’ device back to the app developer or, more commonly, to an advertising network, analytics company, or other third party.
  • A relatively small number of third parties received information from a large number of apps. This means the third parties that receive information from multiple apps could potentially develop detailed profiles of the children based on their behavior in different apps.
  • Many apps contain interactive features – such as advertising, links to social media, or the ability to purchase goods within an app – without disclosing those features to parents prior to download.
  • Fifty-eight percent of the apps reviewed contained advertising within the app, while only 15 percent disclosed the presence of advertising prior to download.
  • Twenty-two percent of the apps contained links to social networking services, while only nine percent disclosed that fact.
  • Seventeen percent of the apps reviewed allow kids to make purchases for virtual goods within the app, with prices ranging from 99 cents to $29.99. Although both stores provided certain indicators when an app contained in-app purchasing capabilities, these indicators were not always prominent and, even if noticed, could be difficult for many parents to understand.

FTC's Second Kids' App Report Finds Little Progress in Addressing Privacy Concerns Surrounding Mobile Applications for Children Survey says: What FTC follow-up report on kids' apps means for your business (FTC blog) FTC: Most mobile apps for kids secretly collect and share information (LATimes) FTC probes mobile apps firms over child privacy concerns (Washington Post) Kids Mobile Apps Under FTC Probe for Privacy Violations (AdWeek) FTC: disclosures severely lacking in kids' mobile apps—and it's getting worse (ars technica)
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Mobile video messaging as a marketing tool continues to gain ground, with participation in MMS (multimedia messaging service) and traditional SMS campaigns on iOS and Android devices doubling between April and October. The finding comes from a semi-annual study by MMS provider Mogreet analyzing mobile messaging behavior based on data from 1 million subscribers and more than 5,000 campaigns. The company says it handles more than half of MMS messages delivered by businesses to consumers in the US. The iPhone and Android smartphones remain the most popular smartphone platforms for messaging. iOS users account for more than half of those opting into MMS and text messaging campaigns, compared to 34% coming through Android phones. Those levels are up from 23.6%, and 16%, respectively, in April. BlackBerry accounted for 7% of opt-in messaging.


Apple Drives Half Of Mobile Messages
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An octet of tech companies have filed an amicus brief asking the courts to reject lawsuits concerning vague patent concepts. Facebook, Google, Zynga, Red Hat, Intuit, Dell, Homeaway, and Rackspace are all saying that abstract claims--for example, the Steve Jobs patent, rejected by the U.S. patent office, which attempted to claim ownership of any multi-touch interface--are a waste of money and suffocate innovation. The short-term aim of the brief is to upend a recent decision by the courts to uphold the Alice Corp's patent claim on computer-implemented financial intermediation over the CLS Bank (translation: the bank creates a "shadow" site, usually in data storage, on which credits and debits can be made. When the transaction is completed--i.e., the person sending the money is found to have enough funds in his account--on the shadow site, then the demand is made to the real site belonging to the financial institution).


Tech Companies Including Google, Facebook, And Zynga Unite Against The Patenting Of Abstract Ideas
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Tribune Company will exit the mire of its four-year bankruptcy within weeks, but thousands of former employees and shareholders likely will remain stuck in litigation with the company's creditors for years. The Chicago-based media conglomerate will implement a bankruptcy reorganization plan that partially pays off creditors but also lets some of those IOU-holders revive litigation to squeeze the employees and shareholders for additional repayment. About 50 cases filed in state and federal courts nationwide have been consolidated in New York but were on hold during the past two years, pending Tribune's emergence. Chief among the creditors' targets are former Tribune executives, directors and advisers, including current Tribune Chairman Sam Zell and former CEO Dennis FitzSimons, who led Tribune through a 2007 leveraged buyout that saddled the company with $13 billion in debt. But also caught in the dragnet are rank-and-file employees who sold stock or collected deferred compensation in the LBO and even elderly investors who long ago bought Tribune stock. “It's screwy,” says Gloria Trudman, a 78-year-old Northbrook woman and former Tribune shareholder who wrote to the federal judge in New York handling the consolidated cases after receiving what she called a “book” explaining the lawsuit against her.


The end of Trib's bankruptcy means new legal pain for shareholders
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Fully four years after adopting rules for unlicensed TV Band Devices (TVBDs), also called “white space” systems, the Federal Communications Commission has authorized roll-out beyond the two small test areas previously approved. Touted by advocates as “Wi-Fi on steroids,” TVBDs can now boot up in New York, New Jersey, Pennsylvania, Delaware, Maryland, Washington DC, Virginia, and North Carolina. The FCC expects to extend authorization nationwide by mid-January.


FCC Approves "White Space" Devices in Eastern US
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Striking it rich on mobile is hardly a sure bet. Here are four stumbling blocks standing in the way:

  1. Advertising. The biggest challenge for mobile developers? Properly monetizing their work. Union Square Ventures principal Fred Wilson recently reiterated his support for a free tier with a premium upgrade. In theory, doing so maximizes an app's potential exposure. That leaves advertising as one possible revenue stream. But even companies like Facebook , which offers main app for free, have publicly grappled with how to present relevant ads on screens as small as three or four inches without taking away with the user experience.
  2. Penetration. Although overall mobile will eclipse the desktop, there's still a long way to go. Of the 5 billion mobile users around the world, just 1 billion of them are using smartphones. The rest are using simpler feature phones. In countries like China and the U.S., smartphone growth is expected to grow rapidly 50% year-over-year, but smartphones remain a tougher sell in many third-world countries where the cost can be prohibitive.
  3. Fragmentation. For larger companies like Facebook or eBay, investing in mobile across myriad devices is obviously less of an issue financially, but for many startups, which often debut with hundreds of thousands -- and in rarer cases, millions -- of dollars in initial funding, resources remain limited. This often means being selective about which platforms to support initially. But within those platforms, development can be a problem, particularly as devices become even more diverse. An app may run smoothly on one Google Android device for example, but not work at all on another.
  4. App discovery. In the early days of Apple's iPhone, success seemed relatively easy. Spend a few weeks or months coding a fun or useful app for users to "snack" on, and that app could be the next "Angry Birds." Now, it's harder. Much harder. Both iOS and Android apps number around 700,000 each. (Heck, even Windows Phone claims 120,000.) Even with Apple and Google's best efforts to highlight apps in their virtual storefronts, some start-up developers we've spoken to admit it's more challenging than ever to get noticed.

4 obstacles to mobile world domination