Judge says cell phone early termination fees illegal

Californians may get a break from their cell phone companies – a big one. Late last month Judge Bonnie Sabraw, a Superior Court Judge in Alameda County, ruled that cell phone carriers that charged customers early termination fees for canceling their contracts did so in violation of state law.

In a class action lawsuit against Sprint Nextel that challenged the charging of early termination fees on contracts, the judge rules that the practice was against the law and ordered the company to pay over $18 million to Sprint customers in California. 

Of course, Sprint plans to appeal the ruling but if it stands, it could be the beginning of a nationwide consumer revolt. There are other such lawsuits across the country that challenge the fees and this ruling, while only a preliminary one, invites more of the same.

Cell companies do not like this at all. In fact, they are heavily lobbying the Federal Communications Commission to regulate the fee and protect cell phone carriers from future lawsuits. FCC Chairman Kevin Martin has already publicly proposed an initiative to prorate the fees during the period of the service contract.

Sprint Nextel claims the charges are reasonable and necessary to offset the cost of the cell phones offered in contract, which they maintain are sold to users below cost. However, the popular opinion among cell phone users and apparently, that of the judge herself, is that the fees are in place to discourage users from dropping the service and switching to another carrier.

I despise cell phone service contracts and I think they are very bad for consumers. If you are stuck with a carrier that doesn’t deliver services to your satisfaction, you are stuck. I wouldn’t mind paying more for a cell phone if it would mean I am a free agent and can fire the company and hire another one to serve me anytime I want without penalty.

This is also why I don’t own an iPhone. When I purchase a cell phone – or any tangible product –  I want the freedom to choose when and how it will used. I don’t like to be told to pay a premium for a mobile device and told who my carrier will be. I don’t appreciate being locked into a contract at overpriced rates just to have a pretty phone. If I like the phone but I don’t like the service, I want to be able to switch to a service that I feel serves my needs. If I can’t, the phone isn’t worth the money that created it.

If the sole reason for early cancellation fees is to offset the cost of the phone, there’s a simple solution: sell the phone for what it’s worth and ditch the fees. So, what If you BYOP (Bring Your Own Phone) and order service? Are you offered open monthly service or a contract without cancellation fees? Apparently not, or at least not that I could locate when I searched the Sprint Nextel web site.

I did find one thing. Included in their Terms and Conditions,  which is located behind links buried within the individual service plans listed on their site, is a clause stating that by signing the agreement, Sprint Nextel customers waive the right to pursue or join a class action lawsuit.

Cuil search has potential but needs work

I am all for competition by creating new and innovative ways to perform common and standard tasks. Given the current state of the search industry with few serious contenders, the prospect of one major player partnering with the other one in specific areas and the possibility of that search engine’s sale to another, the announcement of a new guy on the block is a big deal. So, when news broke of the launch of a new search engine called Cuil with the potential to stand with the likes of Google and Yahoo I was there, ready to give it a go.

Of course, I was a little skeptical at the news but put my preconceived notions aside to give it a fair shake. For all I knew it could be everything it was hyped to be and more. The only way to find out was to try it for myself, which I did.

After playing around with this new search tool my first impression is rather mixed. I can’t say that I am disappointed but I can understand why a lot of others are. Disappointed is a strong word for me in this case; it denotes an attitude of final judgement that I do not want to convey. I prefer to say that it has potential. I think it does, although it will take time and tweaking to get there.

It looks different, no doubt about that. Like many others who have opined on the net, I was a little put off and disoriented by the layout of the search results. We are all generally accustomed to lists of links and content clips that are easy to scan and scroll from top to bottom, with those deemed by the search engine as most relevant listed on top. The results of a typical search on Cuil are spread across the page in a combination of titles, descriptions and pictures that at first glance (and for me continuously, if I stare at the page for awhile trying to sort out the sort order) appears to have little or no hierarchy in terms of search relevance.

I suppose one could get used to it over time and in an odd way it does seem more aesthetic, however if there is a logical order or relevance to the search results I just didn’t see it on the searches I did. In fact, I looked at eighteen pages of one set of search results that had over a million hits and found that many of them were nearly complete duplicates of previous pages, which was very confusing and more than a little annoying. The redundant listings of entire pages was a time waster for me, especially given the fact that each page was somewhat slow to load. I ended the search with the notion that if it wasn’t on the first two or three pages, it wasn’t worth checking further.

Of course, the very first search I tried was The Force Field. Type The Force Field in Google and the web site www.theforcefield.net is usually at the top of the search results. Type it in Yahoo and you get the same. Search it in Dogpile and it is in the top four. Cuil ? Not even directly listed.

Now, it’s only been around for a couple of days and it takes time for search bots to scour billions of pages on the web, so I didn’t exactly expect Cuil to list it in the top ten. But the hype was that Cuil was already the largest repository of indexed pages on the net, claiming to be much larger than Google. So I expected at least one page from The Force Field dot Net to be listed in the search results. I searched through numerous pages in the returns and it wasn’t there. Yet several other sites that were generally lower on a Google or Yahoo search were listed right there on the first page of listings in a Cuil search.

Now, there were listings for other sites that referenced or linked to The Force Field and The Force Field podcast, quite a few, in fact. There was just no direct listing for the home page of the site itself.

Okay, they didn’t list The Force Field. Hey, it’s not as if we’re a big company like Microsoft , is it? Well, it might as well be, because during another search session I typed in Microsoft. Guess what?  There were numerous third party references to Microsoft and Microsoft products but a link to their home page, which I would expect to show at the top of the first page, wasn’t the first item displayed, as I would have expected. The links to the website were there but some of the titles didn’t seem to match the search query. Mixed in were seemingly irrelevant entries to other sites with no apparent relation to Microsoft. I mean, this is Microsoft, one of the most universal household names and one of the most high profile web sites in the world. Just another listing on a targeted search? Now, that just isn’t natural.

But that was only a minor bug for me. The real annoyance was not the listings themselves but the other items attached to them – the pictures.

For every search I did, the results returned included site links accompanied by pictures that were completely unrelated to the sites. For instance, I did a search for The Force Field in search of a link to www.theforcefield.net and the same pictures kept cycling through on the listings. None of them were related to The Force Field podcast or the web portal. Few of them were actually related to the sites they linked to.

I then ran a search for The Force Field podcast. This time there were a few hits for the show, but again, the same unrelated pictures, none of which were actually connected to the show, the site or the sites that referenced or linked them. This was just plain weird. The concept of a more graphical search is nice, however it is somewhat confusing and a bit annoying when the pictures don’t actually represent the page listed or anything remotely connected to it.

Now, my initial foray into Cuil was not at all scientific nor was it organized. I was just another user searching the web. But then, isn’t that a real world scenario for using a search engine? If searches like mine are normal, what can we normally expect based on the results I experienced?

I know I sound too critical and it isn’t my intention. I am just reporting my first impressions of Cuil. Overall I like the concept and the layout of the site is something that, while unconventional for me, is something I could probably become accustomed to and possibly prefer over traditional formats in time. However, I do think it needs some work and a lot more tweaking to get it to the point where it becomes a serious contender for the search market. It’s a great concept, I just don’t think it’s there yet. Before we pass judgement on it, we need to give it some time.

This is an ambitious project and I wish it success.

Have you tried Cuil? Have you had a similar experience with it or do you get completely different (good or bad) results? What do you think?

Time Warner, others slow to patch DNS bug

(TheForceField.Net ) July 28, 2008 — Weeks after the DNS bug was announced publicly and a patch was officially made available, many ISPs have yet to patch their servers. Among those deemed by the industry as slow to respond include AT&T, Earthlink and Time Warner.

The flaw, discovered by security researcher Dan Kaminsky, is considered a serious and dangerous one. It was given immediate attention and a patch was quickly developed and released by a rare consortium of software companies. Shortly afterward the first code that exploits the bug was released and is now in the hands of hackers. Yet, for all the concern and risk involved in leaving their servers vulnerable to attack , many ISPs are taking their time to employ the fix. Why?

According to Earthlink, they are working to complete the patch for their server farms now.  Jesus Lopez, Senior Manager of Core Services Engineering told the Force Field that they already patched the first of two server farms and are in the process of patching the second. "We are on schedule to complete our patching by 7/31", Lopez said.

Officials at Time Warner could not be reached for comment.

The DNS flaw allows hackers to launch undetectable attacks on users of ISPs that have not patched their servers. The code can also be used to redirect Internet users to phony software update servers to download and install malware.

Security experts are warning everyone to patch immediately. To check the vulnerability of your ISP or DNS server go to Dan Kaminsky's blog at http://www.doxpara.com . If your ISP has not patched or is vulnerable you can use OpenDNS .

 

 

System Management News

 

Details of DNS flaw made public

(TheForceField.Net ) July 23, 2008 –A security company accidentally posted details of the DNS bug on their web blog Monday morning.

The bug was discovered by Dan Kaminsky of IOActive, Inc. and announced to the public earlier this month after a patch was created with the rare co-operation of major software vendors. Kaminsky planned to publicly release details of the DNS bug at the Black Hat conference next month and requested those who were already in the know to keep it under wraps until then.

However,  a representative at Matasano, a security research and development company, accidentally confirmed details of the DNS flaw in a blog post July 21. The post has since been removed but not before it could be read by many and cached in Google.

Now security experts predict the first attack based on the flaw is only days away and are warning the public to patch immediately and brace for the worst.

In an apology posted on the Matasano blog Monday, Thomas Ptacek, Principal, Mantasano Research, explained the snafu. "Earlier today, a security researcher posted their hypothesis regarding Dan Kaminsky’s DNS finding", Ptacek stated. "Shortly afterwards, when the story began getting traction, a post appeared on our blog about that hypothesis. It was posted in error. We regret that it ran. We removed it from the blog as soon as we saw it. Unfortunately, it takes only seconds for Internet publications to spread", he added. 

"We dropped the ball here", Ptacek admitted.

Worm infects P2P audio files

(TheForceField.Net ) July 22, 2008 — Reports are circulating on the net of a new malware threat that infects MP3 files. Dubbed Worm.Win32.GetCodec.a by Kaspersky Lab,  the worm is apparently spread through P2P networks.

According to Kaspersky Lab, the worm converts the MP3 file to a WMA file but does not alter the .mp3 file extension. When a user plays the file, it opens a malicious web site in Internet Explorer that requests the user download and install what it claims is a codec, but is actually malware. The page, says Kaspersky, "is digitally signed by Inter Technologies." If the user downloads the phony codec, a trojan is installed that allows hackers to take control of the PC.

Although the threat of downloading malware disguised as codecs is not a new idea, this is the first time audio files have been infected, says Kaspersky. While some knowledgable users will be wise to the codec ploy, many will be fooled because most users trust the integrity of their MP3 files. 

A bulletin released by Kaspersky July 16 says that the malware signature has been lncluded in their virus database

 

 

 

AMD names new CEO

(TheForceField.Net ) July 18, 2008 –AMD announced yesterday that its Board of Directors elected President and COO Dirk Meyer as the new CEO of the company. Meyer replaces Hector Ruiz, who led the company during the last six years.

Ruiz led AMD from a second banana in the desktop market to a serious contender in the server arena with the launch of the AMD Opteron processor, transforming AMD from a minor player into a serious competitor for Intel. The company has struggled during the last two years  with snafus and product delays, resulting in quarterly losses for AMD. Ruiz will remain on the Board of Directors as Executive Chairman.

Meyer, who joined AMD in 1995,helped design the AMD Athlon processor, was involved in severaly facets of the company's operations, including Research and Development, manufacturing and marketing. He was elected to the board in 2007.

According to a company press release, Myer's appointment was part of a two-year plan. “Dirk’s election to CEO is the final phase of a two-year succession plan developed and implemented jointly by AMD’s board of directors and executive team,” Robert Palmer, lead independent director, said in the press release. “Under Hector’s strong leadership, AMD drove the industry adoption of pervasive 64-bit and multicore computing, became a trusted enterprise-class partner to leading technology suppliers and significantly expanded its global footprint in high-growth markets like China."

 

Processor Magazine

OpenOffice.org Releases version 3 beta 2

(TheForceField.net ) July 15, 2008 — The OpenOffice.org Community announced a second beta release of OpenOffice.org 3 to the public early this morning. OpenOffice.org 3.0 is the latest release of the open source office suite originally developed by Sun Microsystems and is considered by many to be one of few serious competitors of Microsoft Office.

In an e-mail announcement distributed to members of the OpenOffice.org community Marketing Group, John McCreesh, OpenOffice.org Marketing Project Lead, told members of the marketing group that the second beta was released publicly in response to feedback received by the community to the first beta released two months ago. The new beta was released publicly to provide a broader base for testing the new version but was not intended for use in a production environment.

OpenOffice.org Logo

According to McCreesh, New features to the office suite include a "Start Center", new icons and a zoom control located in the status bar. Other new features include an ability to display multiple pages in the word processor called Writer,  a solver component and an increase to 1024 columns in the Calc spreadsheet,  chart enhancements and an improvement to the crop feature used in Draw and the Microsoft Powerpoint-like presentation program known as Impress.

The new version will support ODF 1.2 and will work with Microsoft Office 2007, Microsoft Office 2008 for Mac and Microsoft Office binary file formats.

In the e-mail, McCreesh told members of the Marketing Group that the new version would also be more compatible with OS X.  "OpenOffice.org 3.0 will be the first version to run on Mac OS X without X11, with the look and feel of any other Aqua application. It introduces partial VBA support to this platform", McCreesh wrote. "In addition, OpenOffice.org 3.0 integrates well with the Mac OS X accessibility APIs, and thus offers better accessibility support than many other Mac OS X applications", he added.

According to McCreesh, OpenOffice.org 3.0 is due for release in September.

The Office suite is released under the GNU/GPL and is freely available. OpenOffice.org v3.0 beta 2 is currently available for download in English for Windows, Linux, OS X and OpenSolaris at http://download.openoffice.org/3.0beta

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 PayPal eBook Cover Art

With Yahoo, it is all or nothing and bad for us

IDG News Service reports that Yahoo has rejected Microsoft’s latest bid proposal. The reason? Yahoo wants to sell out completely – or not at all. If Microsoft buys that, it is bad news for consumers.

 For those who have been off-world during the last few months, Microsoft has been in on-again, off-again negotiations with Yahoo to purchase all or part of the search company. In what seemed like a done deal, Microsoft initially offered purportedly more for the stock than it was actually worth and Yahoo upped the price even further at $33 a share, more than realistic and certainly more then Microsoft was willing to pay. Yahoo did everything it could to resist – even to the the point of making a back-door deal with its rival Google that raised everyone’s eyebrows and could command the attention of the SEC.

Microsoft then walked away from the bargaining table and vowed never to return. But wait, barely a week later they were back, at first  behind the back alley, then through the front door, asking to buy only specific portions of the company.

Now Yahoo is doing an about-face, largely thanks to shareholder Carl Icahn and his followers on the Yahoo Board of Directors who actually want to sell to Microsoft  for that big Yahoo! shareholder payoff in the sky. Yahoo Chairman Roy Bostock still opposes the idea altogether but Ballmer and Icahn are really twisting his arms. Faced with the prospect of being replaced with MS-Icahn puppets, Bostock and company apparently are desperate and are now willing to talk whole bean.

Friday evening Microsoft sent Yahoo an enticing offer for a partial purchase with a 24 hour deadline. Saturday Yahoo responded with a firm rejection. They won’t just sell part of the company, they want to sell it all.

Icahn is clearly an opportunist here and is thinking of his shares. Microsoft, of course, is thinking about, well, Microsoft. No one is thinking about what this would mean for the industry overall, and most importantly, the customer.

The Microsoft-Yahoo deal is the talk of the media. There are many who think Microsoft Yahoo would be a great combination and would prevent a monopoly that Google is threatening to become. Yet, despite the fact that Google and Search are nearly synonymous, there are other choices out there, for now.

 While Microsoft’s current search product is hardly worth mentioning, it is still one more competitor to offer users choice in the marketplace. Once they purchase Yahoo (and I think it is only a matter of when, not if) Microsoft and Google will have the combined market share to render all other search engines essentially nonexistent. The two Super Searches  will also have the eventual power to possibly do the same for online advertising, SEO and other marketing venues.

Then there is the question of web applications.

What will happen to consumer choice once a majority of them are owned by two mega giant web companies? Who will control the SaaS market? Who will control access to free or Open Source web apps?

A few months ago our own Todd Hughes blogged about the dangers of a Microsoft-Yahoo deal for Zimbra. Zimbra is an OS application developed by Yahoo and is the only serious Linux alternative for Microsoft Outlook and Exchange. Microsoft has insisted that their primary interest in Yahoo is for the search engine. However, if Microsoft buys Yahoo – all of it – they will then own Zimbra.

Microsoft is not a fan of Open Source. Although they have recently made overtures to the contrary (mostly to help them push OOXML through the ISO fast track to become an Open Standard and for other personal gain) they have also made it clear that they are an enemy of the Open Source movement and seek to control or destroy it on several fronts.

When Microsoft buys Yahoo and has Zimbra, what will they do with it? What will they do with other open source code in Yahoo’s portfolio? What will they do with the patents? They can say anything to appease the public. The question is, given their history of aggression against the Open Source movement and their anti-competitive practices in general, do you trust them?

I don’t. That is why I think this deal, while great for Icahn and Microsoft, is very bad for us.

Is Dell in collusion with the RIAA?

Reports are spreading on sites and blogs across the Internet of an audio problem in which the stereo mix function is disabled in some newer PCs with Sigmatel sound cards – most notably Dells. While the issue is not a new one one, the talk is now centered on the question of why. Users are now putting the blame on the most hated organization in America, the RIAA.

According to these reports, the problem may not be a driver glitch, but intentional crippling of the audio by Dell and possibly several other OEMs that build their computers with these sound cards. The reason? Alleged appeasement of the RIAA.

The stereo mix feature is necessary for audio recording applications.  This includes the creation of original recordings as well as duplication of existing audio. It also includes the use of certain applications such as Skype.

The chronic problem has fueled recent rumours of possible collusion between major OEMs (especially Dell) and the RIAA, suggesting the latter, known for its aggressive anti-piracy stance and numerous lawsuits against end users both young and old alike, is pressuring Dell and other companies to disable the feature to deter piracy. Although neither Dell nor the RIAA have stepped up to confirm nor deny the allegations, such silence seems to have only fueled the concept of conspiracy by the RIAA to intentionally disable audio recording capability or control it.

If this is true, the RIAA, and possibly the OEMs as well, have clearly crossed the line. Aside from the dangers of collusion there is the issue of the rights of property owners. Commercial software companies like Microsoft may be able to get away with controlling the use of an operating system or application by the force of their license agreements but users still own the hardware itself and have the right to use it as they choose. To attempt to cripple, disable or otherwise deny access to or the use of the user’s own property, namely the PC, is very serious and needs to be addressed.

To sell a crippled PC out of the box without notification could invite lawsuits. To intentionally sabotage someone’s property could be considered criminal. If allowed, it could set a dangerous precedent against personal property and privacy rights.

Is there some truth to these allegations or is it merely conjecture on the part of angry and frustrated users? There seems to be no definitive proof either way. However, it needs to be investigated quickly, if not to confront the question, then at least to stop the rumours and put the issue to rest.

 

 

AVTechnology

 

 

Intel says no to Vista, won’t upgrade to new OS

(TheForceField.Net) June 27, 2008 — The New York Times reported this week that Intel will not upgrade its computers to Microsoft Windows Vista.

In an article written by Steve Lohr and posted on the newpaper's web site, an anonymous source close to Intel said that the company will not migrate to Vista and a company spokesperson said that although Vista would be installed on some machines for testing and deployment in select departments, the company would not be installing it on all computers for its 80,000 employees.

Intel joins the ranks of a large number of corporations that have shunned migration to Microsoft's latest version of Windows, slowing adoption of the operating system in both the SMB market and the enterprise. Many companies perceive Vista as slow, buggy and a resource hog. Lack of support from software developers and for third party device drivers are also considered factors against adoption.

This was not unexpected. Many companies typically wait until the first service pack is released and the bugs are worked out before moving to a new operating system. However, the release of SP1 lacked improvements many were expecting or hoping for and so far has done little to spur adoption.

The decision by Intel is likely to create speculation about the chip maker's relationship with Microsoft, which historically has been very close and is believed by some in the industry as a reason Redmond found itself faced with legal problems related to their Vista Capable program,  a marketing campaign which designated certain OEM PCs shipped with scaled down versions of Windows Vista as being capable of running the higher versions. Some of the machines were found to be lacking the resources to actually live up to the designation, prompting at least one lawsuit. E-mails collected from Microsoft executives and made public indicated Microsoft was aware of the problem but may have felt compelled to offer it anyway to please Intel.

Although Intel does not plan to fully migrate to Vista, the New York Times article reports that the company could change its mind. Intel and Microsoft have a long history together and enjoy a close relationship. Soft prompting from Microsoft could influence them to upgrade after all. For now, however, the company reportedly has no plans to do so.

 

 

Electronic Design Magazine