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Solidly Stated by Judy Mottl (bio)

Storage insights and other bits from the Web

February 2009 Archives

Boring couple ask court to reconsider Google ruling

Aaron and Christine Boring of Pittsburgh, who lost their first court round in a five-count complaint against Google (NASDAQ: GOOG) earlier this month, are asking District Court Judge Amy Reynolds Hay to reconsider her ruling.

In a suit filed last April the Borings claimed that the "street view" feature of Google's mapping service, which displayed their home on a private road, violated their privacy. They sought compensatory and punitive damages in the lawsuit.

The judge kicked the case to the curb on February 19. In her ruling the judge stated the following:

"The Borings have not alleged facts sufficient to establish that they suffered any damages caused by the alleged trespass. They do not describe damage to or interference with their possessory rights," wrote Hay, who presides over the Western District of Pennsylvania.

"Instead, they claim, without factual support, that mental suffering and a diminution in property value were caused by Google's publication of a map containing images of their home."

Yesterday Borings' lawyer, Gregg R. Zegarelli, of Zegarelli Technology & Entrepreneurial Ventures Law Group, provided InternetNews.com with a document it has filed in federal court requesting a motion for reconsideration. It is not a formal appeals request, which is an available option.

The 33-page document requests the court to consider reinstating the suit on two of the original counts, trespass and unjust enrichment. The couple seek punitive damages and a jury trial.

The legal document opens with the following statements:

*This case is about every little guy, once again being trampled upon by the big shoe of big business. With nowhere to turn but the American Courts, he is cast away to endure the pinpricks of trespass that bleed our American liberty to death.

Whether the trespass is by a foreign king, or the royalty of big business, does not matter. The Borings, such as our American forefathers in millennia past, are entitled to proclaim, "Google, Don't Tread On Me."*

Amazon relinquishes control on Kindle's text-to-voice

Amazon late Friday night announced it would give authors and publishers access to disabling its newest Kindle 2 feature, the text-to-voice capability, which ignited a controversy shortly after the e-reader arrived this month.

Two days after the new Kindle debuted, the Authors Guild, a writers advocacy group, issued an email to members to ask Amazon.com (NASDAQ: AMZN) to disable its "Read-to-Me" feature in light of murky copyright issues with text-to-voice recording of e-books.

In its short statement, Amazon once again declares that its feature is legal and does not break any copyright rules.

"Nevertheless, we strongly believe many rightsholders will be more comfortable with the text-to-speech feature if they are in the driver's seat."

Amazon is adjusting its publishing system to let writers, authors and publishers decide on a title-by-title basis to enable or disable the text-to-speech feature.

"We have already begun to work on the technical changes required to give authors and publishers that choice. With this new level of control, publishers and authors will be able to decide for themselves whether it is in their commercial interests to leave text-to-speech enabled. We believe many will decide that it is," wrote Amazon.

BlackBerry Bold too hot to handle in Japan

It seems that recharging Research in Motion's BlackBerry Bold can be a touchy issue.

At least in Japan.

Touchy as in hot as the smartphone's keyboard appears prone to overheating during the process.

Japan's top mobile carrier, NTT DoCoMo and RIM released a statement this morning that they are stopping sales just a week after launch to investigate the issue. Right now it's not the battery, RIM told InternetNews.com, and it's not an issue with any Bold products in other markets.

The Bold launched in the U.S. last year after a six- month delay.

AT&T, the exclusive U.S. carrier, told InternetNews.com that it had no comment on similiar complaints from customers, and referred to RIM's released statement.

According to Reuters the Japanese carrier had sold about 4,000 Bolds before sales were stopped, and received 30 consumer complaints on hot keyboards.

The Bold features a full QWERTY keyboard and more storage memory than previous BlackBerry models, with 1 gigabyte (GB) of memory built-in and another 16GB available with a SD memory card. In addition, the unit has a 624MHz mobile processor for faster document downloading.

An iSuppli report on costs of the 15 device components noted that the keyboard was the cheapest. The processor was the highest-priced device part at $34.34, the keypad assembly cost $1.85, the camera cost $9.90 and display cost $16.

What's behind the BlackBerry BOGO move

Now we know why Verizon Wireless, which is the exclusive carrier of the BlackBerry Storm, is running a BlackBerry BOGO campaign.

This morning Research in Motion announced that fourth quarter earnings will be lower than expected, despite the fact that customer subscriptions exceeded predictions -- about 20 percent higher than 2.9 million initially predicted back in early December.

It seems that while RIM attracted more new customers than expected following the arrival of Storm just before the holiday season, fewer BlackBerry owners are upgrading to a new device.

Given today's economy who can blame them? If the phone's working fine than why spend another $200 for a new device?

So what better way is there than to offer a buy one, get one campaign to entice BlackBerry addicts feeling a budget pinch to toss out the old and grab a new handset?

The smartphone maker's forecast now is for quarterly revenue of $3.3 billion and $3.5 billion, with share earnings of 83 cents to 91 cents. Wall Street was hoping for about $3.4 billion and 86 cents on share.

The news sent the stock price down a bit -- about $5.45 -- a 9.55% drop in pre trade this morning, to $57.04

BlackBerry BOGO: A well kept secret

Yes, I'm a BOGO person. I love those buy one, get one free deals.

Especially when the products offered are useful and present a chance at substantial savings.

That's why Verizon Wireless's new BlackBerry BOGO campaign is interesting to me.

Launched on February 6, and running through March 31, it's the first time the wireless carrier is using a BOGO approach for Research in Motion smartphones.

And yes it includes RIM's iPhone-killer smartphone - - the touch-screen Storm.

"It is pretty common in the retail trade to do a buy one, get one free offer and we have used this kind of promotion in the past. It isn't unusual in the retail trade," a spokesperson told me.

But it is the carrier's first BOGO for RIM products, she acknowledged.

Of course buyers have to get data plans for both - - no surprise as that's what's subsidizing smartphone costs these days.

But two Storms for the price of one, which is $199, is pretty amazing in terms of a retail deal and prompts questions about whether it means Verizon Wireless is looking to unload inventory or just boost RIM sales.

While Verizon Wireless calls it "ordinary," there are something things that don't strike me as ordinary.

First, most retailers send up balloons and blow horns when running a BOGO sale. You can't miss the fact that one is happening.

But at Verizon Wireless it's easy to miss the BlackBerry BOGO campaign.

You essentially have to hunt for this deal as it's no where to be found on the front pages or even under the wireless carrier's link to special offers or current promotions.

Even a link to "brilliant savings" with smartphones on the main door doesn't mention it, though there is a deal for a free BlackBerry Pearl with a services plan.

But no BOGO news anywhere.

In fact I had to email Verizon Wireless to track it down.

You have to click on 'BlackBerry' under the "phone & accessories" menu in the top red navigational bar on the site.

There you'll see the eight BlackBerries (including Pearl, Curve, Storm and World Edition devices) listed with the marketing offer in the price section.

I emailed Verizon Wireless again to find out more on what the strategy is.

Here is their response:

*We are responding to the market and providing customers with the data devices they want and need. More and more customers are upgrading to smart phones so this promotion provides them with an affordable means of doing so. These are data users so their ARPU is higher. *

Okay, I can see why trying to boost the user base of high-end phones has a clear payoff. They'll spend more money on services.

But I still don't understand why it's such a well-kept secret on their site.

A peek at Kindle2?

MobileRead, an e-reading forum site is offering up what it calls the first official photos of Amazon's new Kindle set to debut Monday at a press event in New York.

The photos show a leaner, rounder design, with a joystick replacing the scroll wheel for navigation all at a price point of $359, the same price point as the current Kindle product. The site says the unofficial sale date is February 24.

One Forum reader noted it looked "Applish."

Storage-wise, Kindle 2 is said to come with a 2GB on-board memory. The photos don't seem to show any kind of SD card slot however but storage has not been cited as one of the criticisms of Kindle in the past.

What is interesting is that several forum members noted they've gone and ordered the Kindle at this point so they're in the que for a new one, and one noted delivery date sent back by Amazon was Feb. 26.

AT&T honcho asks for bonus freeze

Ok, I know I'll get a few emails for reporting news of yet another CEO relinquishing an annual bonus in the wake of corporate layoffs.

That's what I got when I wrote about Motorola's top leaders in December taking voluntary 25 percent cuts in base salary and bonuses.

Co-CEOs Greg Brown and Sanjay Jha are voluntarily taking a 25 percent cut in base salary. Brown is also declining his cash bonus for this year and Jha is reducing his cash bonus by the same amount.

According to SEC documents Brown and Jha are both salaried at $1.2 million for 2008. Jha's bonus is stipulated to be at least 200 percent of his base salary and he is contractually guaranteed a 2008 bonus of $2.4 million. Brown, who is closing out his first year as CEO, would have received a 220 percent bonus for 2008.

Now add AT&T honchos to the list.

In early December AT&T announced it was laying off 12,000 employees, about 4 percent of its workforce, in an reorganization that will also increase staffing in its wireless, broadband and video business lines.

Last Friday AT&T CEO Randall Stephenson announced he wants to forgo the bonus earned on last year's performance as part of the company's decision to freeze salary increases for 120,000 nonunion managers and executives this year.

The top U.S. wireless carrier had 309,000 employees worldwide as of the end of 2007.

But AT&T's far from losing money at this point. Revenues grew 4 percent last year and earnings per share grew more than 11 percent, as a spokesman pointed out.

Randall, according to AT&T, told employees that asking the board to withhold his bonus, which is 25 percent of his total compensation, was "the right thing to do ... we are a company that expects the highest performance and accountability, and that starts at the top."

Ok, what does that total?

Well AT&T said it will provide that information in the next SEC compensation filing requirement and declined to tell me what his current salary is at this point.

According to Business Week, Randall's total compensation is $1.8 million.