Archive for February 24th, 2008

Chris Gregerson writes “I work as a stock photographer/web developer. I saw a pic of mine used in Vilana Financial’s full-page phone book ad. They wouldn’t pay the licensing fee, and I wrote about it online (mirror). They sued me for defamation, producing a sales agreement signed by one ‘ Michael Zubitskiy’ (who they said took the pic and sold the rights to them). I sued them for copyright infringement, and they added claims against me for trademark infringement, deceptive trade practices, and tortuous interference. There was a trial I’ll long remember on the 5th of November, and the judge recently issued her verdict (PDF; mirror). She ruled Vilana Financial forged the sales agreement and willfully infringed my pics, and awarded me $19,462. All claims against me were denied. I represented myself during the litigation.”

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theodp writes “If all goes IBM’s way, it’ll soon constitute patent infringement if Bennigan’s gives you a free lunch for being inconvenienced by a long wait for your meal. Large Blue is seeking a patent for its Method and Structure for Automated Crediting to Customers for Waiting, the purported ‘invention’ of three IBM researchers, which IBM notes, ‘could be implemented totally devoid of computerization or automation of any kind.’ Can we count on IBM to withdraw this patent claim, or will Huge Blue weasel out of its patent reform pledge again?”

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ozmanjusri brings us a Wired report on Apple’s efforts to patent the multitouch gestures used on their laptops, smartphones, and tablets. The article discusses concerns over how this could affect the standardization of certain gestures in developing multitouch technology. We’ve previously discussed the patent applications themselves. Quoting Wired: “If Apple’s patent applications are successful, other manufacturers might have no choice but to implement multitouch gestures of their own. The upshot: You might pinch to zoom on your phone, swirl your finger around to zoom on your notebook, and triple-tap to zoom on the web-browsing remote control in your home theater. That’s an outcome many in the industry would like to avoid. Synaptics, a company that by most estimates supplies 65 to 70 percent of the notebook industry with its touchpad technology, is working on its own set of universal touch gestures that it hopes will become a standard. These gestures include scrolling by making a circular motion, moving photos or documents with a flip of the finger, and zooming in or out by making, yes, a pinching gesture.”

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Multiple readers have written to tell us of news that Pakistan has ordered its ISPs to block access to YouTube “for containing blasphemous web content/movies.” This follows increasing unrest in Pakistan over a Danish newspaper’s reprinting of cartoons which depict Islam in a less-than-favorable light. The cartoons also sparked controversy when they were first published a few years ago.

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An anonymous reader writes “Financial institutions and companies in the securities/futures business are reporting sizable increases in the amount of losses and suspicious activity attributed to computer intrusions and identity theft, states the Washington Post’s Security Fix blog. The Post obtained a confidential report compiled by the FDIC which examined Suspicious Activity Reports from the 2nd Quarter of 2007. SARs are filed when banks experience fraud or fishy transactions that exceed $5,000. The bank insurance agency found that losses from computer intrusions averaged $29,630 each — almost triple the estimated loss per SAR during the same time period in 2006 ($10,536). According to the Post, ‘The report indicates that the 80 percent of the personal intrusions were classified as “unknown unauthorized access — online banking,” and that “unknown unauthorized access to on the web banking has risen from 10 to 63 percent in the past year.”‘ Another set of figures examined by The Post looks at similar increases affecting the securities and futures industry.”

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Coca-Cola Co. (NYSE: KO) really needs to get things going in the North American territory. If you take a look at Coke’s latest earnings report, you’ll see that unit case volume moved up 1% for the fourth quarter, and down 1% for the entire fiscal year. That’s well below the 6% growth in volume experienced overall. It’s no wonder that the Associated Press highlighted the problem in North America in a recent article on comments made by Coke’s COO Muhtar Kent (he will be the new CEO starting July 1) at a conference in Boca Raton, Florida.

Kent mentioned Coke Zero and the VitaminWater brand — which Coke gained after acquiring Glaceau last year — as being two key beverages to leverage to drive growth. They’ll probably help. I recently tried some of that VitaminWater stuff the other day — not bad, even though I suppose its appeal goes beyond the taste factor, as it basically relies on the consumer feeling healthier after drinking it (at least in terms of perception).

What Kent needs to do is figure out exactly how to relaunch the entire Coke trademark in North America. I’ve been a critic of Coke’s recent marketing campaigns, but I think they’ve improved. Nevertheless, there just isn’t as much of a cool factor associated with the trademark. The youth really are taken by the PepsiCo (NYSE: PEP) trademark in my thought, and this simply has to be counteracted by Coke in as aggressive a manner as conceivable (Pepsi, by the way, has also experienced challenges in expanding North American volumes, as its latest earnings indicate). As a Coke shareholder, I’m constantly asking people which soda they prefer; I find that the younger the person is, the more likely it is that they select Pepsi over Coke (and, whenever I hear someone choosing Pepsi over Coke, I cringe inside).

I wish Kent luck in putting some energy into the North American territory. It is a priority, no doubt about that; I just hope he has the ability to devise a proper marketing solution.

Disclosure: Steven Mallas owns shares of Coca-Cola.

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biobricks writes “The New York Times is reporting that people who could benefit from genetic testing are too afraid their health insurance companies are going to raise their rates or deny them coverage to find out the health information contained in their own genes. There is a growing “genetic underground” where people pay for their own tests so they won’t have to share the results with insurers, and beg doctors not to divulge their genetic status in medical records. A bill that would ban genetic discrimination by insurers and employers — and presumably make people feel safer about taking care of their health — is stalled in the Senate. We’ve discussed these types of personal DNA tests in the past.”

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austinhook brings us news that the U.S. government has resumed wiretapping with the help of telecommunications companies. The companies are stated to have “understandable misgivings” over the unresolved issue of retroactive immunity for their participation in past wiretapping. Spy agencies have claimed that the expiration of the old legislation has caused them to miss important information. The bill that would grant the immunity passed in the Senate, but not in the Home.

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An anonymous reader notes an update in the Seattle Post-Intelligencer reporting that the lawsuit against Microsoft’s “Windows Vista Capable” marketing campaign has been allowed class-action status. We discussed the company’s internal misgivings with this campaign a while back. The suit alleges that “…Microsoft unjustly enriched itself by promoting PCs as ‘Windows Vista Capable’ even when they could only run a bare-bones version of the operating system, called ‘Vista Home Basic.’” In the 2006 pre-holiday season, Microsoft had placed “Windows Vista Capable” stickers on machines to keep the sale of Windows XP machines going after Vista was delayed. Microsoft didn’t lose out totally in the current ruling — the article notes that the judge “narrowed the basis on which plaintiffs could move forward with their claims.”

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