Tag Archive for GOOG

Rockstars Team Up Against Google

Rockstars Team Up Against GoogleTo usurp Mark Twain, the reports of Nortel‘s demise are greatly exaggerated. GigaOm reports that the defunct Canadian telco giant has found an afterlife as part of a patent trolling operation that struck Android phone makers and is now targeting network and cable operators, including Google, with lawsuits in Texas and Delaware.

afterlife of a patent trolling operationJeff John Roberts writes that Nortel’s second act as the walking dead is taking place thanks to “Rockstar Consortium,” a group formed by Microsoft (MSFT), Apple (AAPL), Blackberry (BBRY), Sony (SNE), Ericsson AB (ERIC)EMC (EMC) and other Google (GOOG) rivals, which bought bankrupt Nortel’s patent portfolio in 2011 for $4.5 billion. (rb- I covered the sale of Nortel’s IP here)

Nortel was the source of many of the most important innovations in history in the field of telecommunications and networking,” says a new Rockstar lawsuit filed in the seemingly pro-troll U.S. District Court for the Eastern District of Texas that accuses Time Warner Cable (TWC) of violating six patents, including US Patent 6128649, which was issued in the year 2000 and describes a method to show multiple screens in a video conference the article summarizes.

Rockstar Consortium formed by Microsoft, Apple, Blackberry, Sony, Ericsson, EMC

The complaint doesn’t say how exactly Time Warner Cable is infringing the old Nortel patents, but only notes that “TWC operates, sells and offers to sell video, high-speed data and voice services over its broadband cable systems throughout the United States.” The author says Rockstar, which is suing through a subsidiary called Constellation, also complains that the cable company walked away from its licensing demands in 2012.

GigaOm notes a second lawsuit, filed in Delaware by Rockstar under the alias “Bockstar” makes a series of broad-based allegations against Cisco (CSCO) that claim the company is violating six other old Nortel patents, including this one from 1998, related to routers and switches.

costs are passed on to customersLike all patent trolling, the author says that has nothing to do with innovation, but it certainly will lead to higher cable bills as Time Warner will have to spend millions on lawyers to fight the suit or else pay expensive license fees for old patents from a dead company; either way, the costs are passed on to customers.

Joe Mullin of Ars Technica noted when Rockstar sued the phone companies, “it’s patent trolling gone corporate.” And there’s no sign of where this will stop. Apple and Microsoft are sitting on thousands of patents that date from an era when the Patent Office would grant a patent on nearly anything, and it looks like they’re going to use them to sue every industry they can think of.

dysfunctional US CongressThe totally dysfunctional US Congress tried to take on patent trolling but caved into lobbyists. Microsoft has already succeeded in stripping out a part of the law that would have made it easier to challenge bad patents. This means the best hope for a return to patent sanity may lie with the Supreme Court, which agreed to consider what type of software patents should be granted in the first place.

GigaOm cites CBC reports that Ottawa, Nortel’s hometown has been transformed from a one-time innovation hotbed into a tech necropolis where once-proud engineers are paid to pick apart other people’s inventions in search of new patent violations that they can pass on their American masters.

 rb-

I have covered the patent trolling mayhem in the mobile market for a while and this seems to be more of the same. Innovation is dead in the mobile market and the only way these firms can compete is in the courthouse.

In addition to their choice of venue in the pro-troll Texas court, further evidence that Microsoft and Apple have created a patent troll can be found in the fact that Rockstar has filed suit against the leading Android phone producers:

  1. Samsung Electronics Co. (005930) (#1 Android OEM in U.S. sales),
  2. LG Electronics (LGLD) (#2),
  3. ZTE (763) (#4),
  4. Huawei (002502) (#6) and
  5. HTC (2498) (#7).

In addition, DailyTech notes that Rockstar member Sony is a minor Android OEM.  If somehow Microsoft and Apple are able to troll other Android OEMs to death, Sony could see gains in market share, as the only OEM who doesn’t have to pay direct licensing fees to Microsoft/Apple (Sony also notably has preexisting licensing deals with Microsoft and Apple).

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Tech Titans Crush Patent Reform

Tech Titans Crush Patent ReformJeff John Roberts at GigaOM reports there is a battle going on in Washington DC over patent reform. Some in DC are attempting to rewrite the broken patent system. Under the current patent laws, what the author calls the struggling old guard firms can exploit the patent system to abuse monopolies over basic software concepts from decades ago. The result has been to smother start-ups and weigh down vibrant parts of the tech economy with frivolous lawsuits; lawyers get fat at the expense of those who are building real businesses.

Microsoft and IBM gutted a key House billThe latest push by Congress to fix the software patent problem suffered a setback after Congress allowed Microsoft and IBM to gut a key House bill that would have made it easier for victims to push back. TechEye explains that the “covered business method” (CBM) program drew the ire of Microsoft (MSFT) and IBM (IBM). The changes proposed would have sped up the method for the Patent Office to get rid of low-quality software patents. Under the reformed program, MSFT and IBM could not sue someone until the Patent Office considered if the patent was viable. TechEye reports that IBM flexed its political muscle (cash?) to stop the effort to expand the CBM program. An IBM spokesperson said that while “we support what Mr. Goodlatte’s trying to do on trolls, if the CBM is included, we’d be forced to oppose the bill.

The upshot according to GigaOM is that for the second time in three years, the U.S. is poised to pass a law that will make cosmetic changes to the patent system without addressing the root cause — garbage software patents — that has made the system a mockery and a byword for legalized extortion.

Patent OfficeThe article claims that reformers shouldn’t despair quite yet. GigaOM cites sources close to the legislative process that think real reform could still happen if powerful senators prevail and if opponents outgun Microsoft and its allies in the grubby money and lobbyist game. GigaOM lays out how the reform was de-railed.

Money Talks in the House

The chair of the House Judiciary Committee, Rep. Bob Goodlatte (R. Va.), was scheduled to bring his much-touted patent bill for a vote. The bill arrived on schedule — but it was a neutered version.

Fat cat, moneyA key provision, which would have provided a way to challenge software patents at the Patent Office, is no longer in the bill, which Fat cat money passed 33-5 vote by the committee. The change is significant, the author says because it means victims of patent bullies must still pay millions to challenge the patents in federal court or, as most do, simply swallow hard and pay a licensing fee.

Mr. Goodlatte’s decision to drop the provision is a victory for IBM and Microsoft, which have stacks of old software patents that provide licensing revenue even as their product lines sputter. It’s also a victory for trolls, which the article says are shell companies backed by private equity firms and lawyers that use patents (often obtained from Microsoft and others under a “privateering” arrangement) to wage ruinous legal war against everyone from Martha Stewart to individual users. (rb- Click here to read about IBM’s efforts to Patent Patent Trolling)

LobbistsAccording to reports, the change to the Goodlatte bill came after intense lobbying from groups linked to Microsoft, IBM, and others. The account was confirmed by a source close to Google (GOOG) and other groups that pushed for the provision to challenge software patents.

They outspent the living shit out of us,” said the source, who did not want to be named. He said that the companies spent heavily to lobby Democrats on the Committee and freshman Republicans, forcing Mr. Goodlatte to remove the provision rather than seeing it voted down at this stage.

A source with a lobbying group allied with Microsoft said the software giant’s role had been overstated, and that the change in the bill was less about money than it was about “shoe leather” lobbying.

Patent reform in the Senate

Electronic Frontier Foundation If we had a quarter of the people who opposed SOPA supporting this anti-patent troll law, we’d win,Sen. Chuck Schumer (D-NY) told the author. Mr. Schumer was joined by the Electronic Frontier Foundation, to talk patent reform and his up his bill to take on trolls, which he said are “preying on New York’s technology industry.”

Mr. Schumer is pushing a bill that includes the key provision about software patents that was stripped from the House bill. Schumer’s support is significant, not only because he carries clout in the Senate, but because he succeeded in including a similar provision aimed at frivolous financial services patents in the America Invents Act of 2011.

Other patent reform bills are circulating in the Senate including similar bills from Sen. Patrick Leahy (D-Va.) and Sen. John Cornyn (R-Tx.). According to the source tied to Google, Mr. Leahy has signaled that his bill is a “Christmas tree,” meaning other politicians can hang their preferred provisions atop it; the bill that will ultimately get a vote on the Senate floor will likely contain a provision to challenge software patents.

Washington insiders said patent legislation is one of the few bipartisan initiatives available to members of Congress, who are eager to notch legislative achievements before the mid-term campaign season begins next summer. This means that the bills are expected to go to a full floor vote in the House and Senate by early 2014 and that a markup session on a final bill will take place in the spring — the only question is which version will prevail.

The endgame

There’s months to go till conference committee,” said the source close to the reform lobby, predicting that the balance of power will tilt towards the software patent reform camp, as Google and others ramp up lobbying efforts. The source tied to Microsoft, unsurprisingly, panned this prediction and declared that challenges to software patents are now a “third rail” that most in Congress don’t want to touch.

The outcome will be determined in large part by money, and whether Google and the other companies that recognize the harm caused by software patents (Twitter (TWTR) is another) are willing to seize the chance at reform that is within their grasp.

Today, attitudes have changed after a steady parade of patent horror stories: Boston University using a 1997 patent to sue Apple and seek an iPhone ban; a troll using a 1998 patent from a Holocaust foundation to shake down the New York Times; a troll lawyer who boasts he likes to “go thug,” and is pressing an extortion campaign against hundreds of companies.

the patent system is out of handAll of this has led everyone from small app developers to President Obama to suggest the patent system is out of hand. After years of asking defendants to take it on faith that the system is working, it’s now up to Microsoft and others to justify that their ancient software patents — which award 20-year monopolies in a fast-moving industry — do more good than harm.

 rb-

While I’m not a lawyer, this seems pretty messed up to me. But that is the magic of Democracy, we get the leadership we elect.

 

Related article

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

IT Departments Gone in 5 Years

IT Departments Gone in 5 YearsIT departments will be done in the enterprise within the next five years according to a group of CEOs and VPs. They predict that consumerization of IT and self-service trends will lead to a restructuring of today’s IT shop, leaving behind a hybrid model consisting of tech consultants and integrators. Brandon Porco, chief technologist & solutions architect at Northrop Grumman recently told a group at the CITE Conference and Expo.

The business itself will be the IT department. [Technologists] will simply be the enabler

IT Departments are targetsComputerworld reports that Kathleen Schaub, VP of research firm IDCs CMO Advisory Practice, echoed Mr. Porco. She said many corporate IT organizations now report to the head of the business unit it is assigned to. “The premise is that wherever IT sits in an organization will dictate what they care about,” she said. “If they’re in finance, they’ll care about cost-cutting. If they’re in operations, they’ll care about process management. If [the company] decides it wants to focus on the customer, they’ll put it in marketing.

John Mancini, CEO of the Association for Information and Image Management (AIIM), agreed with Mr. Porco, saying that in the consumer technology era, it’s the business side that has all the tools, so it will be able to trump IT’s desire to control who uses what and how.

functional business spending will outpace IT's spending.While the business can dictate the service or technology it wants, IT can influence the decision. Nathan McBride, VP of IT & chief cloud architect at AMAG Pharmaceuticals told Computerworld, “We’re not trying to be ahead of the technology curve and we don’t’ want to be behind, but we’re trying to maintain pace to know what they’re going to ask for next before they ask for it.

Help Net Security points out a recent IDC study that found 61% of enterprise technology projects are now funded by the business and not the IT department. IDC says IT spending driven by the functional business areas will outpace IT’s own spending. Today’s business executives who are more tech-savvy, have easier access to technology through the Cloud, and are under pressure to quickly implement new technology initiatives are driving this change.  The Help Net Security article states that today’s line of business employees are looking more and more like an extension of the IT department as, on average, 8% are technical staff.

Center of the universeAnother concern raised is whether IT is losing control as consumer technology becomes part and parcel of everyone’s work in the enterprise, and the data center is left behind. AMAG’s McBride told the audience, that in five years, companies will have to make sure they’re matching their enabling technology to the demographic of that time. He said 75 Fortune 100 companies now use Google (GOOG) Apps along with most Ivy League schools, meaning that the next generation of workers won’t be users of Microsoft (MSFT) Exchange or Office.

While the CIO position will likely stay in an enterprise, his or her role will morph into a technology forecaster and strategist, and not a technology implementer, according to Northrop Grumman’s Porco.

 rb-

This sounds like a solid case for training technical staff in project principles and increasing the number of IT project managers. There have to be clear two-way communications between the business owner and the implementers.

Requirments ?Proper and detailed scope definition is one of the most critical steps for the success of any project. The business team, implementation team, and operations team must get together before the work starts to check the proposed solution and work through all the questions, concerns, and gotchas before the project even starts. This way problems can be discovered. Once the requirements are defined and the scope is complete and everyone agrees, then the project can be signed off and a formal kick-off meeting can be held.

In IT projects, it is important to look beyond the defined project to ensure success. Does the plan consider impacts on end-users?

  • Does the project need new policies or procedures? If something falls through the cracks, they blame your project.
  • Does the PC fleet meet requirements? Do they need more RAM? If they have to upgrade, they blame your project.
  • Does it work with your current server OS? If they have to upgrade, they blame your project.
  • What about the software? Are you locked into IE only? Do you need a specific level of .NET? Does it work on iOS and Android? If they don’t have the right software, they blame your project.
  • How much bandwidth does the new project require? Will it try to send a graphical interface to a remote office on a slow link? If it loads slow they blame your project.
  • Training? If the end-users can work the program, they blame your project.
Related articles
  • IT morphs as tech and users change (networkworld.com)

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

More Tech Trouble at School

More Tech Trouble at SchoolIt’s not a good time for tech in schools. The security woes at school are not limited to the iPad debacle at LAUSD. (rb- You can see my coverage here – Updates since the first article – LAUSD started confiscating the iPads and delayed the district-wide roll out one year until 2015.) GigaOM’s Ki Mae Heussner writes that Guilford County Schools in North Carolina has suspended its tablet program with Rupert Murdoch’s News Corp’s Amplify after reports of faulty equipment.

NC school district suspends tablet program

uspended its tablet programThe district reportedly spent $16.4 million ($299 / device + a 2-year subscription at $99 per year) of a $30 million Race to the Top grant to pay for the tablets and content. The device is a 10-inch ASUS (2357) tablet running the Google (GOOG) Jellybean Android operating system. It comes pre-loaded with content and apps curated by Amplify. It enables teachers to distribute content across a class or grade level and control the content on students’ screens.

GigaOM cites the school district’s website, which says they have sent 10% of their 15,000 devices back to Amplify because of broken screens. About 2,000 cases have also been problematic. In one instance, a student returned a defective charger, reporting that overheating caused the plastic to melt. While the district said it expected a few glitches with the rollout, school officials decided to pause the program for safety’s sake. GigaOM claims the pause is a big setback for Amplify, which launched its education-optimized tablet at hipster South by Southwest earlier this year.

NewsCorpSince its launch, skeptics have wondered how schools would respond to the privacy questions and the prospect of doing business with Amplify’s parent company News Corp. (given its phone-hacking scandal). Ms. Heussner speculates that the suspension could give schools more reason for pause when it comes to embracing the new technology.

Asus told GigaOM that out of 500,000 chargers of its kind that they have shipped globally, only the one in Guilford overheated and melted. Justin Hamilton, Amplify’s SVP of corporate communications seems to be blaming the customer. He claimed the broken screen rate in Guilford is higher than in other school districts. “We’re working very closely with the district on this and hope to have things resolved and the program back up and running very soon,” Mr. Hamilton said.

Indiana mobile security fail

circumvented the security on district-issued Apple iPadsIn Indiana, Education Week reports that between 300 and 400 students in the Center Grove school district circumvented the security devices on district-issued Apple (AAPL) iPads within hours of receiving the devices according to a report last week in the Daily Journal.

Apparently, students found ways to reprogram the iPads so they could download games and apps for social media sites, according to the report. Center Grove officials attributed the problem to their security program not being able to handle the 2,000+ devices they distributed.

spread like wildfireKeith Krueger, the CEO for the Consortium for School Networking, said such problems are increasingly common as districts deploy an increasing number of devices. “Kids and adults find ways to hack through things, and it can spread like wildfire,” he said. “It’s frustrating, and it’s a huge challenge for any district.

Data center failures

In addition to the tablet troubles, Data Center Knowledge’s Rich Miller reports several school data center failures. According to DCK, two public school systems suffered data center failures that crippled their IT systems.

data center fire suppression systemIn Oregon, the Beaverton School District experienced several days of disruption after an errant alarm set off its data center fire suppression system. The fire suppression system damaged hard drives and servers. That left Beaverton schools unable to use email or access class lists, student schedules, and online textbooks. “It knocked all of the systems in the data center off-line,” said Steve Langford, chief technology officer. “All of the systems that staff needs to do their jobs.” District IT staff worked over the Labor Day weekend to replace the damaged systems.

In California, the Davis Unified School District started school without key IT services after the district’s servers overheated. DCK reports an air conditioner unit failed, allowing the temperature in the server room to rise to 120 degrees F. “There’s an incredible impact on everyone in the whole organization,” says the district’s Kim Wallace. “Students can’t access computers. Teachers can’t take attendance. Parents can’t email. We can’t email out.” The DCK article said staff were still troubleshooting damaged equipment and lost data.

rb-

The best strategy, COSN’s Krueger said, is to combine the best possible security filters and other technical measures with a comprehensive responsible or acceptable use policy that students and families must sign and a commitment to enforcement. “It’s not surprising that a school district would have some breaches,” he said. “The question is how do you leverage it into a teachable moment?”

Who needs the teachable moment? Sure the kids need to understand there are real consequences for their actions but, can the politicians administrators be taught to be serious about IT? Seems to me that most of these failures are management failures. It is probable that these failures could have been reduced with proper project management.

proper project managementIt is my experience that many administrators do not recognize project management professionals. It appears they would stick with the good ole boy network and hire their less qualified friends or the professional BSer’s.

Now about project management? Modern backup system? Disaster Recovery plan?  BCP?

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Six Steps to Avoid BYOD Pitfalls

Six Steps to Avoid BYOD PitfallsIn a recent article on the Forbes CIO Central blog, Dan Woods interviewed Brian Madocks, CEO of PC Helps, a services firm that provides supplemental help desk services for more than 1.6 million end-users. He has been on the front lines as many of its clients have opened up BYOD.

I want an iPadIn the article, Forbes offers advice on how IT departments can respond to users who show up at work and declare: “I want an iPad.”  The author warns that ignoring the corporate use of personal devices (smartphones, iPad’s and other tablets) leave both end-users and the IT department quite unhappy.

Mr. Madocks says the biggest myth is that allowing personal devices to be used for work-related purposes reduces the support burden. At first, this seems strange. If people use devices they know well, shouldn’t they need less help? Also, if an employee is using an iPhone or iPad, won’t their support questions be handled by AppleCare, Apple’s support arm? Mr. Madocks says no. Consumerization reduces some types of support but generates others. Here’s what happens.

ConsumerizationThe number of calls about how to use the device may go down. People know how to use their phones, get on the Internet, and use Facebook. But the number of calls about how to get their corporate email, calendar, and contacts working on phones or tablets may go up. With Apple (AAPL) iPhones and iPads and the fragmented Google (GOOG) Android versions out there it’s even more complicated. The PC Helps CEO reports that users can be frustrated when they go to Apple’s Genius Bar, AppleCare, or to Google for Andriod support and find out that they won’t get any help there because the staff doesn’t know how to support your corporate environment or the applications used within it.

With a multitude of personal devices in your workforce, the support burden may increase and your help desk may not be able to keep up with the unique features and aspects of all the devices. Mr. Madocks concludes that no matter how you allow access to the corporate resources the support burden NEVER disappears.

The support experts from the PC Helps brain-trust, developed a playbook for organizations considering a Bring Your Own Device model:

Don’t just say no to “bring your own technology”: The cat is out of the bag. End users are more productive when they have a vote on the tools they use and their support. PC Helps suggests IT show some leadership and help figure out how to get BYOD (PDF) right so that the company is protected and the users are happy. Recognize that consumerization means giving up some control; learn to live with that.

Listen to the end-users: Create an internal customer advisory group to allow end-users to explain what they want and what they don’t. The article says one of the primary drivers of consumerization is the wish to have work and personal content and capabilities on a single device. Craft a draft set of policies and guidelines based on this input.

Help deskResearch and test your approach: Consider a pilot program before full rollout that includes a mix of key users. Discover the range and types of preferred devices as well as the corporate systems, networks, and applications users will need access to. The blog recommends that you incorporate your findings into the broader rollout plan.

Document and communicate a clear set of policies and guidelines for end-users: Everyone should know what the company policies are for personal devices and where to find them. Explicit review of policies and testing for understanding should be performed from time to time, or as new devices arrive and raise new issues. The policies should set forth:

  • Which devices will be supported.
  • How to request new/more devices,
  • Which apps are authorized,
  • Which apps are forbidden,
  • How to get approval for new apps,
  • What company data is allowed on personal devices,
  • How to get support for devices and applications.

The policies should also answer the following questions:

  • When a device is no longer used for work or an employee leaves, what are their responsibilities to securely deletion corporate data?
  • Where and how will devices be backed up?
  • Who is responsible for backup?
  • Are lock and password-protection required, and how is it managed?
  • Who will provide support?
  • What kind of support questions should be directed to device manufacturers?

ComplexityPlan for a more complex support burden: Allowing personal devices means a world with more devices, which in turn multiplies the knowledge needed from the help desk. There will be more questions on setup, remote access, and use of corporate applications, as well as problems unique to the different devices. There will be more complex support scenarios, such as, how to use Microsoft Office applications on non-PC devices. Be sure you have a support plan and trained people in place.

Don’t rely on device manufacturers for support of your end-users: Manufacturers can handle break/fix and warranty support on products, but they won’t know your corporate policies, processes, nor the core office applications your users work with every day. Apple iPad owners have access to AppleCare and Genius bars, but this is all geared to consumers. AppleCare won’t help with many synchronization issues related to accessing corporate email on the iPad, nor provide urgent support for deadline-related business situations.

a risk to IT’s reputationEnd-users may get the run-around, going to the manufacturer and then to their wireless service provider, to your internal help desk, and to peer support for help, wasting time and productivity on something that could be solved in a single call. Devices for corporate use should have corporate support or they will present a risk to IT’s reputation in the organization.

Prepare your help desk for the task: The help desk in a BYOD IT environment is a different type of organization, one that must be able to respond to the unexpected. Mixed device environments require specialization and expertise, as well as ongoing training and skill-building. Your existing help desk staff may need to be retrained, expanded, or supplemented.

In the end, Mr. Madocks reports that the firms PC Helps assists in consumerization don’t regret their decision. “While consumerization creates complexity for support … The company’s workforce is happier and more productive, and the reputation of IT as a supporter of the business is greatly enhanced.” The end result is generally happier users and happier IT, but there are complications.

rb-

It is my experience that most people who push consumer devices into the enterprise, don’t have a plan. They want their iPads, for valid or not so valid reasons. Some staff seemed surprised when they could not print to the enterprise printer on the enterprise network with the iPad they just brought in.

I place a great deal of the blame at the feet of Apple. I have had Apple engineers look me straight in the face and tell me that iPads are consumer devices and not designed for the enterprise and that Apple does not intend to fix it.

They do not use standard protocols and BYOD proponents don’t even know what Bonjour is, let alone the limitations of Bonjour.

http://blogs.forbes.com/ciocentral/2011/02/07/i-want-my-ipad-avoiding-it-consumerization-pitfalls/
Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.