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Atari Online News, Etc. Volume 11 Issue 07
Volume 11, Issue 07 Atari Online News, Etc. February 13, 2009
Published and Copyright (c) 1999 - 2008
All Rights Reserved
Atari Online News, Etc.
A-ONE Online Magazine
Dana P. Jacobson, Publisher/Managing Editor
Joseph Mirando, Managing Editor
Rob Mahlert, Associate Editor
Atari Online News, Etc. Staff
Dana P. Jacobson -- Editor
Joe Mirando -- "People Are Talking"
Michael Burkley -- "Unabashed Atariophile"
Albert Dayes -- "CC: Classic Chips"
Rob Mahlert -- Web site
Thomas J. Andrews -- "Keeper of the Flame"
With Contributions by:
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=~=~=~=
A-ONE #1107 02/13/09
~ Confider Worm Bounty! ~ People Are Talking! ~ XP Downgrade Suit!
~ Privacy Guidelines! ~ Free Upgrade to Win 7? ~ Upstart Gets Break!
~ Dell Expands Recycling ~ Cyber-bullying Pact! ~ MS Retail Stores?
~ Pear C Challenges Apple ~ Games Good for Kids! ~ E-Waste Research!
-* Mozilla Weighs In on MS Case *-
-* Obadiah Orders US Security Review *-
-* Virulent Worm Exploits Missing MS Patches! *-
=~=~=~=
->From the Editor's Keyboard "Saying it like it is!"
""""""""""""""""""""""""""
Well, we've finally seen a few days of warmer temperatures, and the snow
has been melting, finally. While those days didn't stick around for too
long, one gets a small sense of hope that Spring is nearing. Let's hope!
I don't have a lot to talk about this week. It's been a long one, and the
"new" job has really been doing a job on the body! Five to seven hours on
your feet can really tire you out if you're not in great shape to begin
with! This has been one of those weeks,
I was going to talk a little more about the country's state of affairs,
such as the economy, but that appears to be a hopeless can of worms at the
present time. It's apparent that petty politics cannot be put aside for
the benefit of this country's citizens. What a shame.
Until next time...
=~=~=~=
PEOPLE ARE TALKING
compiled by Joe Mirando
joe@atarinews.org
Heidi ho friends and neighbors. Another week has come and gone, and I
think we've got enough messages in the NewsGroup to put together a
column.
I'm going to keep my commentary short this week, but I do want to
mention an email I got about last week's column.
Last week I mentioned an economist at Princeton named Paul Krugman and
made some comments of my own about the President's stimulus plan not
being far-ranging enough.
The email asked if I was aware that, just a few days after last week's
column appeared, Mr. Krugman was saying basically the same thing that I
had said.
Actually, I was aware of it. It's not like Paul Krugman is trolling the
pages of A-ONE looking for opinions on the economy that he could
appropriate and call his own.
The fact is that Mr. Krugman has been banging this particular drum for a
lot longer than I have and, if it seems that my opinions and his
coincide it's only because I've thought a lot about his opinions and
theories and appropriated HIS ideas. I mean, heck, it just makes sense.
And as arrogant as I am, I'm not ready to put my mind against someone
with the obvious brain power of Paul Krugman.
And I stand by my opinion that this stimulus bill needs to be bigger
than it is. If you really want to stimulate the economy, don't give
rebates to people who can already afford to have zero-balance credit
cards and whose biggest worry is which off-shore account to put their
stimulus check in so they won't have to worry about paying taxes on the
interest.
Give it to the single mother who's been scraping and scrimping to
replace her clothes washer. Give it to the guy who's wondering if he's
going to be able to make next month's mortgage payment.
The gritty truth is that rich people aren't going to pull us out of
this. Rich people are already able to spend whatever they want to spend
regardless of the economy. That's part of the definition of being rich.
Let the people who drive our economy catch their collective breath and
catch up on their bills. Let them feel better about themselves and their
jobs and their chances of staying afloat. Before long, they'll be buying
the little things that drive the economy and the old, rich, white guys
will end up doing better too.
If I had the President's ear, I'd probably say something about pushing
more for public works and schools and local tax relief. Make it better
from the ground up, not from the top down. You don't start building a
house from the roof, you start from the foundation.
And if there's anything we need right now, it's a foundation.
Well, that's enough of that. Let's get to the news, hints, tips and info
from the UseNet.
From the comp.sys.atari.st NewsGroup
====================================
Last week we discussed ways of replacing the battery in the NVRAM chip
of the Falcon. This week, 'Wong CK' adds:
"There a short writeup on my webpage http://phsw.atari.org that
replaces the NVRAM battery by just 1 pin cut and some soldering. Not
elegant but it works. Running like that for over 6 months now."
'Phantom' replies:
"Very Good. Thanks to all for the info."
I'm sure we'll be hearing more about this in the coming weeks, so even
though it's a short thread, I've included it.
Meanwhile, in response to a question about how many Atari users are
left, our buddy TJ Andrews replies:
"I still have my Mega STE set up but it's been many months since I used
it. I used to use it for text email and Usenet when I was on dial-up,
but now that I have broadband I'd need ethernet connectivity. My
provider doesn't have dial-up backup, and I can't justify the expense of
another service just for nostalgia - particularly during these economic
times.
I also have a complete 320K 130XE system that worked just great the last
time I dug that out - probably six months ago. Those old 5-inch floppies
have a surprising lifespan, and those old games have a charm missing
from today's efforts.
I've moved on to Linux almost exclusively these days. I have a couple of
apps for Windows that I still use, but that's almost as rare as using my
Atari anymore."
Another old buddy, Ronald Hall, tells TJ:
"Get an EtherNEC - then you can still hook up to your LAN, and do
e-mail, newsgroups, etc...
...I re-read the part [about older games having a charm that's missing
from today's], and boy do I agree! The older games do have something
special about them.
Don't get me wrong, I'm as big a fan of the latest/newest visual/audio
overload game release as anyone...(and play Guild Wars to death),but...
Dungeon Master, Bards Tale, Ultima 3/4/5, and so many more.... Oh my."
Zoe Stephenson adds:
"I was online from my Falcon [over] the weekend, chatting on IRC. I
think I need to do the NVRAM battery thing though. For me, it's a
matter of time and utility - I do like getting things running but unless
I have something that I need to use a particular computer for I tend to
go with the convenience of my laptop."
Another long-timer, Edward Baiz, adds:
"Not sure [how many of us there still are around], but I am still in the
game. I use my Falcon for a number of things (DTP, home finance, web
browsing, etc). A number of my Atari buddies have moved on to the PC.
There are still users out there who we probably do not know about and
many that we do. There also dealers we can rely on to get software and
fix our hardware. Hey, I know the interest is still out there. I cannot
count the number of times I have lost Atari items on Ebay."
Ronald tells Edward:
"Exactly - just go to ebay and search on Atari st - if the return looks
low, then change the parameter from auctions to buy it now - Atari ST
returned 381 hits just now."
AtariNut asks a very good question about joysticks:
"Are Atari 2600 joysticks compatible with the Falcon? I have a jagpad
for the Falcon's enhanced game ports, but I need a couple of joysticks
for the regular game ports....not all games utilize the jagpad."
Matthias Arndt tells AtariNut:
"2600er ones should work. Avoid the 7800 Proline controllers as they
seem to be incompatible with the IKBD of the ST/TT/Falcon.
Best is, of course, a good old Competition Pro 5000!"
AtariNut replies:
"The problem, of course, is trying to find a couple of them. I don't
think they're made anymore are they?"
Ben Smith of Bravo Sierra Computers adds:
"Atari JoySticks are standard! They even worked on Non-Ataris! They
should work fine on the Falcon! Also, if you have a FlashBack 2, the
JoySticks work just like the Atari 2600 JoySticks!"
Phil Corda asks for help with his 'new' MegaST:
"I have a new (to me) Mega4, which came with an SH205 hard drive. I
also have my previous STe.
When I plug the sh205 into the Mega, and reboot, it does not see it. It
works fine with the STe without any configuration and seems to find a
driver on the hard drive.
So, do I need a special driver for the Mega? It seems odd that it does
not see the drive.
I'd like to use the Mega as it has more memory. Unfortunately, the
floppy is dead too. So, can I swap the STe floppy for the Mega one?
Also, can I take the memory from the Mega and put it in the STe? Any
pointers appreciated."
Thorsten Günther has some questions and tips to narrow the problem down:
"What does "seems to find" mean precisely? Does it boot and can you
access it as drive C: (perhaps after creating a desktop icon for it
manually)?
If not, you might try running AHDI 6.061 from your disk drive (after
replacing it) and see if the drive is accessible afterwards. You also
may want to mark bad sectors with HDX - as used ST506 MFM drives that
have not been parked prior to moving will most likely have a number of
bad sectors. And you may also want a program to park the drive yourself
so you can move it.
I bundled AHDI with some other free hard drive tools (esp. the last
version of HDX, as at least one prior version I tried was unable to
format and partition the SH205) at <http://www.dilgar.de/ahdi6061.zip>.
With HINSTALL you can then make the drive bootable. This should also
work with the Mega ST, as the drive is a small one and even a single 20
meg partition is far less than the maximum of 256 megs for a TOS 1.02
compatible partition.
They all use the same software. Yet, TOS 1.02 has some bugs that were
fixed with 1.04. I'd recommend this TOS as the lowest recommendable
version for hard drive use.
Any STe has four 30-pin SIMM sockets and can easily be upgraded to 4
megs.
As far as swapping floppy drives, yes, if the bezel fits. No, if not.
The memory of the Mega ST consists of RAM chips soldered to the
mainboard (or perhaps socketed), while the STe requires 30-pin SIMMs.
You can take the SIMMs of any old (e.g. a 80486 one) PC though if they
are 1 meg max. each - those should be some cents at eBay. Just be sure
that you have four of them or - if you can only find two - use the first
and third SIMM socket and leave the other two empty (there is a small
patch that allows to access 2.5 megs with 2 1 meg and 2 256 K SIMMs, but
I don't even consider this worth the hassle).
Except for the keyboard (the STe keyboards are from Mitsumi, the Mega ST
keyboards from Cherry) and the lack of a battery-powered clock, I
consider the STe the much nicer machine, sadly the enhancements like the
PCM stereo sound, the hardware scrolling and the additional joypad ports
(compatible with the Jaguar) etc. were used by only a few dozen
commercial games because Atari did not discontinue the STfm models when
they introduced the STe, so that many buyers bought the "cheaper"
machine, but some of these (like Obsession Pinball) really show that
this computer is much better than it's predecessors."
Phil tells Thorsten:
"It comes up with four partitions on the desktop automatically and an
icon for a RAM disk, which does not seem to do anything.
I think the hard drive may well be a little ill. It is however working
on the Mega now after turning them on in the right order!
It's been partitioned into 4 drives (C,D,E,F) and when I click on C it
says 'Data on disk in drive C may be damaged. You must use the right
kind of floppy disk and connect your hard drive properly.'
(CANCEL/RETRY).
If I click cancel then I do get a folder window, and can start
programs. Some will not work though, and writing anything to the disk
causes the 'may be damaged' error message too.
On Boot, the screen says something like:
AHDI 4.02
Gdos 1.1
I think the drive is 20MB. I think I will reformat it into two
partitions, as it's acting a little funny.
So... the HDX utility is for formatting and checking bad blocks, then
you run HINSTALL to make it bootable. Anything else I need to know?
I am going to use this machine for Cubase and a Zcode interpreter, so
the Mega should be fine. (20MB is a lot of space for midi files!)
The clock, more ram and nicer keyboard should be handy for this.
I also found my extra midi port, that plugs into the modem socket.
Lost the drivers for it though. I believe it's a 'plus16', and may work
with the plus48 or pls48 drivers in Cubase. There are no markings on it.
It's been a long time since I used it last!
Thorsten replies:
"[Other things you may need to know:]
The "40 folder problem" springs to mind. Put the FOLDRXXX.PRG into the
AUTO folder of drive C: after renaming it to e.g. "FOLDR100.PRG" - this
is especially necessary for your Mega ST!
SHIPACC.PRG allows you to park your hard drive - runs as both ACC and
PRG.
AHDICONF is of some use if you want to tweak AHDI a little.
CHKDISK3 is a powerful tool for hard drive sector editing,
defragmentation, etc. but the dark side is strong within this one, i.e.
you can easily delete data with the more advanced functions of this
program."
Well folks, that's it for this time around. Tune in again next time,
same time, same station, and be ready to listen to what they are saying
when...
PEOPLE ARE TALKING
=~=~=~=
->In This Week's Gaming Section - Midway Files for Bankruptcy!
""""""""""""""""""""""""""""" Pull Wii Games Off the Shelf!
Videogames Good for Children!
=~=~=~=
->A-ONE's Game Console Industry News - The Latest Gaming News!
""""""""""""""""""""""""""""""""""
Midway Games Files for Bankruptcy Protection
Midway Games Inc., best known for its "Mortal Kombat" video games, said
Thursday that it filed for Chapter 11 bankruptcy protection.
Midway said the filing stemmed from a change in ownership in late 2008
that led to accelerated buyback requirements related to two classes of
debt that the company did not think it could fulfill.
In December, media mogul Sumner Redstone sold his majority stake in
Midway - an interest of about 87.2 percent - to a company led by private
investor Mark Thomas.
In a statement, Midway Chief Executive and President Matt Booty called
the bankruptcy filing a "difficult but necessary decision."
"We have been focused on realigning our operations and improving our
execution, and this filing will relieve the immediate pressure from our
creditors and provide us time for an orderly exploration of our
strategic alternatives," he said.
Midway said that it and its U.S. subsidiaries filed voluntary petitions
in U.S. Bankruptcy Court for the District of Delaware.
Midway said the filing does not include its operations outside the U.S.,
and that they will continue to operate as normal.
The company is seeking several first-day motions so it can continue to
operate normally.
Pull Wii Games Off Shelves, Says Radio Pundit
Michael Torchia wants Nintendo to yank Wii games from store shelves
until the company makes "important changes" to its products, according
to News Blaze. Torchia claims the games, which occasionally require
wide-ranging physical motion, are "potentially dangerous."
Err...Michael who-huh?
You know. Michael "that radio talk show guy" Torchia. Operation Fitness?
Motivational speaker? Children's Fitness Academy? Clientele like Matt
Damon, Al Pacino, and Kevin Spacey?
Not ringing any bells?
I'd never heard of him either, but apparently he's taken it upon himself
to warn us of the Wii's flaws and foibles. Nintendo can only remedy
this, says Torchia, by slapping warning stickers on products, adding
that "through slick advertising campaigns and product placements on
popular television shows, children and adults are being brainwashed that
Wii games are safe and effective ways to become physically fit."
"On the contrary, Nintendo is contributing to the epidemic of obesity.
Young and old are putting away their gym clothes and shying away from
going outdoors to play sports, because the addictive appeal to the Wii
game products. Just as the tobacco companies created such a false image
of their products and hid the potential dangers, so is Nintendo," says
Torchia.
Let's see...so following Torchia's metaphor, Nintendo is like the
tobacco companies, and the Wii is like cigarettes. Mm-hmm.
Torchia claims that "up to ten people a week are being hospitalized with
injuries caused by playing Nintendo Wii games." I'm not sure where
that's been scientifically documented, but the news appears to have
sprung from Rupert Murdoch's The Sun, a tabloid daily published in the UK
and Ireland known for its splashy, controversial headlines.
So...improper form while exercising can lead to injury. Who knew?
Just yesterday, I went running along a footpath covered in ice from all
the recent snow here, which threw off my strides, in turn causing pain
in my knees.
Whose fault's that? New Balance's? Because I was wearing their running
shoes? Shoes without a catch-all "you might injure yourself if you run
like a dope" safety warning?
Should Nintendo really pull its Wii games off shelves because players
aren't adhering to the safety guidelines Nintendo already publishes?
And do we really need another class action lawsuit, like the one
Torchia's reportedly preparing?
Videogames Seen Good for Children
Videogames can be good for children, encouraging creativity and
cooperation, a European Union report concluded Wednesday which ran counter
to the violent reputation of some titles.
In conclusions that may either surprise or reassure parents of game
addicts, the study by the European Parliament Committee on the Internal
Market and Consumer Protection found a number of benefits and no
definitive link to violent behavior.
"Videogames are in most cases not dangerous and can even contribute to
the development of important skills," said Toine Manders, the Dutch
liberal lawmaker who drafted the report.
"(They stimulate) learning of facts and skills such as strategic
reflection, creativity, cooperation and a sense of innovation," a news
release on the report said.
The report avoided any call for EU-wide legislation banning certain
games, and instead urged the bloc's 27 member states to work together in
strengthening an existing voluntary code in Europe known as "PEGI" which
rates games according to content.
Total revenues from the video gaming sector amounted to more than seven
billion euros ($9 billion) last year, the report said. In Britain,
separate research last year showed videogames outselling music and other
video products for the first time.
The EU report noted that not all games are appropriate for children, but
argued that some books and movies are targeted for an older audience. It
acknowledged that violence in some games could "stimulate" violent
behavior in specific situations.
The report stressed parental involvement by proposing development of a
"red button" that could allow parents to control content and how long
games are played. It did not elaborate as to what form this button would
take.
It further challenged received wisdom that such games were chiefly for
children, quoting statistics that showed the average age of the European
gamer was 33.
=~=~=~=
A-ONE's Headline News
The Latest in Computer Technology News
Compiled by: Dana P. Jacobson
Obama Orders US Cybersecurity Review
President Barack Obama announced a sweeping review of US cybersecurity to
protect the government's information technology systems from security and
economic threats.
The 60-day review is to be overseen by Melissa Hathaway, a former
official in George W. Bush's presidency who coordinated cyber monitoring
for the director of national intelligence, according to a White House
statement.
During the election campaign, Obama had equated cyber risks to the
threat of nuclear or biological attack and promised a high-level review
if he became president.
"The national security and economic health of the United States depend
on the security, stability, and integrity of our nation's cyberspace,
both in the public and private sectors," said Obama's assistant for
counterterrorism and homeland security John Brennan.
"The president is confident that we can protect our nation's critical
cyber infrastructure while at the same time adhering to the rule of law
and safeguarding privacy rights and civil liberties," he said in the
statement.
The Bush administration was accused of trampling on civil liberties
through intrusive monitoring of both telephone and computer traffic.
But the threat of cyber attacks on official US systems has been laid
bare in recent years with a spate of hacking incidents, including
several blamed on China.
A congressional panel warned in November that China had developed a
sophisticated cyber warfare program and stepped up its capacity to
penetrate US computer networks to extract sensitive information.
And a December report by the Commission on Cybersecurity for the 44th
Presidency told the new leader that cybersecurity was "among the most
serious economic and national security challenges we will face in the
21st century."
U.S. Tweaks Internet Privacy Guidelines
Federal regulators tweaked recommendations for how websites should collect,
save and share information about users, extending them to Internet service
providers and mobile users.
The Federal Trade Commission issued new guidance on Thursday for the
self-regulated industry that urges websites to tell consumers that data
is being collected during their searches and to allow them to opt out.
This guidance recommends that mobile companies and Internet service
providers also inform customers about data collection and allow users to
decline.
"You may have a contract with your ISP and everywhere you go, they can
be collecting information on you," said Jessica Rich, the FTC's
assistant director in the division of privacy and identity protection.
There are few U.S. laws about the collection and use of data from the
Internet, with exceptions of instances where firms fail to live up to
advertised promises to protect privacy, or fail to deliver an expected
level of data protection.
One of the four commissioners who approved the report, Jon Leibowitz,
warned that the industry's failure to safeguard the public's privacy
could lead to a tougher federal position.
"Industry needs to do a better job of meaningful, rigorous
self-regulation or it will certainly invite legislation by Congress and
a more regulatory approach by our commission," he wrote.
Virulent Worm Exploits Missing Patches
Think massive worm outbreaks are obsolete? Then say hello to the
Conficker worm, aka Downadup. In January it slithered onto millions of
computers unprotected by a critical patch that Microsoft had issued back
in October.
The patch fixed a hole in the Windows Server service, most desktop and
server versions of Windows use. Without it, a PC is vulnerable to attack
by infected PCs across a network. A firewall can block external attacks
of this sort, but business network firewalls generally offer little
protection against threats from within the network. And businesses can
be slow to patch company computers.
First double-check that you have the October patch noted above
(available for Windows 2000, XP, Vista, Server 2003, and Server 2008) on
both your home and work PCs, by running Windows Update. And be aware
that a thumb drive or laptop you bring home from work can spread
Conficker as well.
You also need to close a similar, newly discovered hole that exists in the
Microsoft Server Message Block (SMB) protocol for file and printer sharing,
which is critical for Windows 2000, XP, and Server 2003, and moderately
important for Vista and Server 2008. Like the hole that the Conficker worm
exploits, the SMB flaw lets an attacker launch a remote assault on a
vulnerable computer and take complete control if successful. Again, a
firewall can lower the risk, but be sure to get the patch via Windows
Update or from Microsoft's site (Security Bulletin MS09-001).
Meanwhile, Apple has released QuickTime 7.6 to close seven serious flaws
involving hacked movie files (including .avi and .mpeg types) and
streaming video sites whose URLs open with rtsp://. Playing a tainted
file or streaming video could relinquish control of your system to an
attacker. You'll need the update if you run QuickTime on Mac OS X,
Windows XP, or Windows Vista; nab it and more info from an Apple support
page.
If you've installed the optional QuickTime MPEG-2 Playback Component
under Windows XP or Vista, you'll need another high-priority Apple fix.
Head to another Apple support page to determine whether you have the
QuickTime extra and, if so, which version it is. If it's prior to version
7.60.92.0, get the free update to protect against malicious movie files.
Finally, if you're a Firefox 2 hold-out, be aware that the old browser's
built-in antiphishing protection is now kaput. Firefox 2 version 2.0.0.19
or later will show it as disabled, and even though it may still appear to
be enabled if you're using an older version, Google has cut off the data
feed that told it which sites to block. Your best bet-by far-is to upgrade
to Firefox 3, which supports active antiphishing and delivers nifty
features like the so-called 'Awesome Bar'.
Microsoft Puts $250,000 Bounty on Conficker Worm
Microsoft is trying to put some pressure on the criminals responsible
for the worst Internet worm outbreak in years, offering a $250,000 reward
for information leading to the arrest and conviction of Conficker's
creators.
The software vendor said it was also working with security researchers,
domain name registrars and the Internet Corporation for Assigned Names
and Numbers (ICANN) to try to take down the servers that have been
launching the Conficker attacks. ICANN is the nonprofit corporation that
oversees Internet addresses.
"The best way to defeat potential botnets like Conficker/Downadup is by
the security and domain name system communities working together," said
Greg Rattray, ICANN chief Internet security adviser, in a statement
released Thursday. "ICANN represents a community that's all about
coordinating those kinds of efforts to keep the Internet globally secure
and stable."
Conficker, also known as the Downadup worm, takes advantage of a
critical bug in Microsoft's Windows operating system, which was patched
last October. Since late December the worm has emerged as one of the
worst computer threats in years, infecting more than 10 million computer
systems worldwide, including PCs within the British and French militaries.
If Conficker's author lives in a part of the world that's known to be
soft on cybercrime - Russia, the Ukraine or Romania, for example - it
may be hard to get a conviction, said the editor of the Hostexploit.com
cybercrime research site, who goes by the pseudonym Jart Armin.
On the other hand, the $250,000 reward may be an incentive to hackers
who may know who's responsible. Typically, hackers get paid about
$10,000 by organized crime groups for writing an attack that reliably
works on a significant number of computers, Armin said.
This isn't the first time Microsoft has offered such a bounty. In 2005,
it paid $250,000 to two people for identifying Sven Jaschan, the
teenager who wrote the Sasser worm.
Social Websites Sign EU Pact vs. "Cyber-Bullying"
Seventeen social networking sites in Europe including Facebook and MySpace
signed on Tuesday a pact aimed at curbing "cyber-bullying" and protecting
the privacy of underage users, the European Commission said.
The Commission, the 27-nation EU's executive arm, said the agreement
will cut the risks of children harassing peers online and curb
"grooming" - the practice of adults befriending children online with
the intention of committing sexual abuse.
"It is an important step forward toward making our children's clicks on
social networking sites safer in Europe," Viviane Reding, EU
Commissioner for Information Society and Media said in a statement.
The use of social networks has grown over the past year by 35 percent in
Europe and is expected to more than double to 107.4 million users by
2012, the Commission said, warning that this would expose more children
to risks online
MySpace owned by News Corp. last week revealed to a U.S. investigative
task force that it had barred some 90,000 registered sex offenders from
using the site over the last two years.
The Commission said the voluntary agreement was hoped to:
* Ensure that private profiles of users under the age of 18 are not
searchable on the websites or search engines.
* Provide an easy to use and accessible "report abuse" software button,
allowing users to report inappropriate contact from or conduct by
another user with one click.
* Make sure that the full online profiles and contact lists of website
users who are registered as under-18s are set to "private" by default,
making it harder for people with bad intentions to get in touch with
young people.
The British Home Office took similar steps to improve online safety last
April, while 49 State Attorneys General in the United Sates have signed
similar separate agreements with Myspace and Facebook.
The other sites that signed the EU agreement include: Arto, Bebo,
Dailymotion, Giovani.it, Google/YouTube, Hyves, Netlog, Nasza-klaza.pl,
One.lt, Skyrock, StudiVZ, Sulake/Habbo Hotel, Yahoo!Europe, and Zap.lu.
Psystar Can Claim Apple 'Copyright Misuse'
A federal judge is letting Mac clone maker Psystar amend its legal defense
against Apple.
Psystar was delivered a blow in November, when Judge William Alsup of
the U.S. District Court in Northern California dismissed Psystar's
antitrust claims against the Cupertino, Calif.-based Mac maker. The
antitrust suit was a response to a copyright and trademark infringement
suit Apple filed in July against Psystar, whose OpenComputers are
designed to run the Mac OS X operating system.
In its amended complaint, Psystar accuses Apple of copyright misuse, as
well as unfair competition violations based on its alleged copyright
misuse.
Judge Alsup, in citing a previous case - Practice Management Information
Corp v. American Medical Association - notes in his order:
Copyright misuse does not invalidate a copyright, but precludes its
enforcement during the period of misuse." Practice Management, 121 F.3d
at 520 n.9. Moreover, "a defendant in a copyright infringement suit need
not prove an antitrust violation to prevail on a copyright misuse
defense." Id. at 521.
While Judge Alsup found in Psystar's favor by allowing the company to
continue its counterclaim with a misuse-of-copyright argument, he denied
its motion to amend its claim that Apple's copyright-oriented conduct
threatens or harms competition.
Psystar argues that the alleged misuse is, "at the least, unfair in that
Apple has attempted (and continues to attempt) to extend the reach of
its copyrights by tying them to computer hardware not otherwise
protected by the Copyright Act." (Reply at 12). It fails to explain,
however, how this conduct constitutes harm to competition or a violation
of the spirit of the antitrust laws.
In the context of single-firm conduct, tying requires monopolization.
Psystar has identified none--other than the limited monopolies inherent
in the copyrights themselves.
According to a report in Computerworld, a trial for the case is set to
begin on November 9.
German Mac Clone Maker PearC Challenges Apple
"Der PC mit Mac OS X" ("The PC with Mac OS X"). That's the advertising
slogan for Apple's latest legal headache: A German computer manufacturer
called PearC that is now marketing a Mac clone.
PearC is selling three different configurations: A dual-core processor
with up to 750GB of hard-drive space and either a GeForce 7200GS or a
GeForce 8400GS, for EU499 (US$649.23); a Core 2 Quad processor, Blu-ray
burner, and a GeForce 8400GS, 9800GT or 9800GTX, for EU799
(US$1,039.55); and a Core i7 processor, 1TB of storage, and up to 12GB
of RAM, for EU1,499 (US$1,950.30).
Apple and its attorneys have traditionally taken a dim view of Mac
clones, preferring instead to maintain tight control over the Mac
operating system and the hardware on which it is installed. Not
surprisingly, there is widespread anticipation that PearC will receive a
"cease and desist" from Apple in the near future.
Also not surprisingly, PearC has addressed that possibility in a FAQ on
its Web site. Question No. 7 asks, "Is it legal to install Mac OS X on a
PC?" The answer, PearC says, is yes.
"The German legislation is in this case on the side of the final
consumers. Final user license agreement become in Germany the part of
contract only if they were agreed upon before the purchase of the
software. We are convinced of the fact from there that our product is
legal in Germany."
Although the details are a little fuzzy, the gist of the argument seems
to be that Germany and the European Union handle antitrust and end-user
license agreement issues differently than the United States.
The real question, said analyst Michael Gartenberg, is whether anyone
would want to buy a Mac OS-equipped PC.
"The high-end enthusiasts already have plenty of unsupported hacks for
getting OS X working on non-Apple hardware," Gartenberg pointed out.
"The mainstream consumer is going to be hard-pressed to make a purchase
that would not have Apple support and that would likely break as Apple
updates OS X over time."
At least two other companies, Florida-based Psystar, and Argentina-based
Open Tech, are challenging Apple's infamously tight control over
hardware and software. Open Tech has been somewhat less aggressive in
its challenge to Apple, simply offering PCs that can run Apple software
without preinstalling the OS.
Psystar, in contrast, has been engaged in a full-blown legal battle with
Apple over whether the Cupertino company has violated U.S. copyright and
antitrust laws by limiting installation of Mac OS X to Apple-branded
hardware. A recent U.S. District Court ruling gave Psystar the
opportunity to pursue its antitrust claims.
"I doubt we'll see increases in the clone space," Gartenberg said,
"unless Apple decides to broadly license and support OS X to other
vendors, which is not a likely scenario."
Mozilla To Weigh In on EU's Microsoft Case
Mozilla has been granted a seat at the table in the European Commission's
antitrust case against Microsoft, an EC source said Tuesday.
Mozilla requested and was granted "third-party status," which entitles
the organization behind the popular Firefox browser to receive access to
confidential documents in the case and the ability to voice objections,
the source said.
The Commission, which is the European Union's executive arm, in
mid-January formally put Microsoft on notice, objecting to the bundling
of the Internet Explorer browser with the Windows operating system.
The Commission's decision, which initially stemmed from a complaint
filed by rival browser maker Opera, gives Microsoft two months to
respond to the allegations, as well as opening the case up to
third-party involvement.
Mozilla was not immediately available to comment, but its chair
commented on the case in her blog on Friday.
Mitchell Baker, Mozilla's chair, wrote that she agrees with the
Commission's allegations that tying IE to the Windows OS harms
competition for Web browsers and reduces consumer choice. She also noted:
There are separate questions of whether there is a good remedy, and what
that remedy might be. But questions regarding an appropriate remedy do
not change the essential fact. Microsoft's business practices have
fundamentally diminished (in fact, came very close to eliminating)
competition, choice and innovation in how people access the Internet.
One potential remedy that the European Commission is considering: a
requirement that Microsoft include rival browsers with its operating
system.
Baker further notes in her blog:
I'll be paying close attention to the EC's activities, both personally
and on behalf of Mozilla. Mozilla has enormous expertise in this area.
It's an extremely complex area, involving browsers, user experience, the
OEM and other distribution channels, and the foundations for ongoing
innovation. An effective remedy would be a watershed event; a poorly
constructed remedy could cause unfortunate damage.
I'd like to offer Mozilla's expertise as a resource to the EC as it
considers what an effective remedy would entail. I'll be reaching out to
people I know with particular history, expertise and ideas regarding
these topics. If you've got specific ideas or concerns please feel free
to contact me. I'll post more as the discussion develops.
Baker's blog didn't specify her views on bundling Firefox with IE.
However, Firefox architect Mike Connor told PCPro that he would consider
bundling a mistake. "My personal view is that it's not the right outcome,"
he told PC Pro. "The choice (when installing Windows) would be weird.
There's no good (user interface) for that."
Connor noted that this is his personal opinion and that Mozilla is still
determining its position on the issue, according to PCPro.
Woman Sues Microsoft Over XP Downgrade Charge
A woman has filed a class-action lawsuit against Microsoft over a
US$59.25 charge for downgrading her Windows Vista PC to XP.
In a suit filed in the U.S. District Court for the Western District of
Washington in Seattle, Los Angeles resident Emma Alvarado is asking that
Microsoft return the fee she paid for downgrading a Lenovo PC with the
Windows Vista Business OS preinstalled to Windows XP Professional.
Alvarado purchased the PC on June 20, 2008, according to the suit.
Alvarado also is inviting others who have paid fees to downgrade to XP
to join the suit (PDF) and is requesting refunds for them as well.
Many customers who purchased PCs with Vista installed opted to downgrade
to XP because they weren't happy with Vista's "numerous problems,"
according to Alvarado's suit.
"As a result, many consumers would prefer to purchase a new computer
preinstalled with the Windows XP operating system or at least not
preinstalled with the Vista operating system," according to the filing.
The suit goes on to accuse Microsoft of using its "market power to take
advantage of consumer demand for the Windows XP operating system" by
requiring people to buy Vista PCs and then charging them to downgrade to
the OS they really want.
This action violates Washington state's Unfair Business Practices Act
and the Consumer Protection Act, according to the suit.
Microsoft spokesman David Bowermaster said the company has not been
served with the lawsuit, so it would be premature to comment about it.
When Microsoft released Vista to consumers on Jan. 30, 2007, it gave
people the option to downgrade to XP if they weren't satisfied with the
new OS.
As a result of overall dissatisfaction with Vista, Microsoft had to
extend the amount of time it allowed original equipment manufacturers
and custom system builders to sell PCs with XP preinstalled. The company
also is facing a class-action suit in the same court over the "Windows
Vista Capable" sticker program that let customers know a PC could run
Windows Vista. Customers said they found the program misleading.
While the damages that could be awarded in the suit would likely not be
a large sum for a multibillion-dollar company, the suit brings up a
larger question of whether Microsoft will allow Windows 7 users to
downgrade to XP.
Microsoft so far has not said publicly whether it will, and no one from
the company was available for immediate comment Friday. Vista, being the
OS released before Windows 7, would be the logical choice for a
downgrade from Windows 7. However, given customers' dissatisfaction with
Vista, Microsoft could offer an XP downgrade as well.
Al Gillen, an analyst with research firm IDC, said it would be a "very
risky thing" for Microsoft to do to eliminate downgrade rights with
Windows 7. He said it would alienate Microsoft's customer base to not
continue giving customers an option if they're not happy with a new
version of the Windows client.
Dell Expands US Electronics Recycling Program
Computer maker Dell on Wednesday expanded its US electronics recycling
network to more states and began an online gadget trade-in program.
People can bring used computers and other electronics to Goodwill stores
in 18 states, where items in decent shape are resold and devices in need
of repair are either refurbished or broken down to salvage as scrap.
Goodwill trains people with disabilities or other disadvantages to test,
refurbish or strip down devices.
Items not resold in Goodwill stores are broken into parts to be recycled
by Dell partners at locations worldwide, according to Mike Watson, head
of the firm's worldwide recycling program.
The partnership with Dell creates jobs while diverting electronic waste
from landfills, according to Susanne Fredericks of Goodwill.
"Our mission is to create jobs for the people we serve," Fredericks
said. "One of our big focuses is environmental. We want to handle
donations in an environmentally sensitive manner."
More than 50 million pounds of electronic equipment have been recycled
through Goodwill since the partnership with Dell started in Texas,
according to Fredericks.
Also Wednesday, an online Dell Exchange tool is going live, letting
people easily calculate trade-in value of used electronics, regardless
of the brand, and ship them to redeem Dell gift cards.
"This is something our customers are asking for," Watson said. "It makes
sense. It's the right thing to do and we are committed to the full life
cycle of our products."
Draft Legislation Would Give Money to E-waste Research
Disposal of electronic waste is a growing crisis, and the U.S. Congress
should pump money into electronic waste research, said Representative Bart
Gordon, chairman of the House Science and Technology Committee.
Draft legislation, discussed during a committee hearing on Wednesday,
would include grant money for universities to conduct research on
improving sorting and "de-manufacturing" technologies, on new uses for
e-waste materials, new electronics designs that would make recycling
easier and greener alternatives to hazardous materials.
The draft bill would also include grants to colleges for creating green
design curriculum and for creating e-waste internships, as well as
worker training on green design, product re-use and recycling through
community colleges. This version of the draft bill does not give budget
numbers for the grant programs.
Gordon, a Tennessee Democrat, called the draft bill a first step toward
dealing with a "growing crisis" of discarded electronics winding up in
landfills or shipped overseas to be dismantled using crude methods.
"Only a small percentage of these products make it to e-waste
recyclers," he said Wednesday. "Most of us put our old electronics out
on the curb or store them in a closet or desk drawer. Perhaps the most
egregious practice is the export of e-waste to workers in the developing
world. There, the valuable commodities are stripped from the products
and processed using primitive methods. These practices endanger people's
health and pollute the areas where they live."
Witnesses at the hearing called for more e-waste research. Municipal
recycling programs and e-waste recyclers should be able to track and
sort discarded electronics using RFID tags, just as RFID tags are used
to track new electronics, said Valerie Thomas, an industrial and systems
engineering professor at the Georgia Institute of Technology.
The electronics supply chain is not designed for recycling, she said.
"The supply chain for making and selling electronics is a model of
efficiency, managed with electronic data interchange, electronic
manifests, radio-frequency tags on pallets and cartons, and UPC codes on
every single package," she said. "In stark contrast, the end-of-life
supply chain is managed almost entirely by hand, with little
record-keeping or even potential for monitoring or oversight. That the
result has included unsafe, polluting, and illegal activities ... should
not be a surprise."
RFID (radio frequency identification) tags to help sort discarded
electronics would be a huge help to recyclers, said Willie Cade, CEO of
PC Rebuilders and Recyclers, based in Chicago. Cade's company, in trying
to catalog discarded electronics, has found about 3,000 model numbers
from about 425 manufacturing brands during the past year, he said.
In addition to the products coming in to be recycled, many people hang
on to old computers because they don't know how to wipe the data on
them, Cade added. The average age of products turned into his company is
more than 10 years, he said.
"While we may want to design better products that are going to be coming
down the road later, we have a large backload ... of equipment that
we're going to need to deal with for many years to come," he said.
Gordon's draft legislation will help create a strong U.S.-based e-waste
recycling industry, Cade said.
Representative Vernon Ehlers, a Michigan Republican, called on the U.S.
government to relax its rules about donating computers to schools or
nonprofits. It's currently difficult for members of Congress to donate
old computers because of data retention rules, he said.
Ehlers also praise Cade and others for trying to come up with
environmentally friendly e-waste programs. "I cannot in good conscience
throw out a computer now," he said. "We have seven or eight of them in
the basement."
Will There Be a Free Upgrade to Windows 7?
Free Windows 7 is coming! Well, maybe.
Rest assured, the next iteration of Windows is on its way, but when and
how? The latest rumor making the rounds in the blogosphere is that
Microsoft will provide Vista users with a free upgrade to Windows 7 when
it becomes available.
Full availability of Windows 7 is still a mystery, but Microsoft is also
staying mum on the subject of a free upgrade.
"Microsoft often explores options with our partners to determine product
offerings," a spokesman said. "We are not announcing anything new at
this time."
The idea is not a completely foreign concept to Microsoft, however. A
document that Microsoft provided to PCMag earlier this month includes a
list of questions and answers for the press related to Windows 7. One of
those questions asks, "How about the rumors that customers who buy
Windows Vista after a certain date can get a free copy of Windows 7. Is
that true? Will there be certain SKUs that qualify?". It's obviously an
idea that's being kicked around in Redmond.
Adding fuel to the fire is a post from TechARP, a Malaysian blog. The
site posted what looks like a rollout timeline for Vista users that want
to upgrade to Windows 7. According to the document, users who buy Vista
machines between July 1, 2009 and January 31, 2010 will be eligible for
the free Windows 7 upgrade.
Microsoft To Open Own Retail Stores
Microsoft Corp. on Thursday announced plans to open its own stores despite
the economic downturn that has left many retailers struggling.
The company hired David Porter, a 25-year veteran of Wal-Mart Stores
Inc., as its corporate vice president of retail stores. Porter was head
of worldwide product distribution at DreamWorks Animation SKG Inc. since
2007.
Porter, who is set to start work on Tuesday, is charged with improving
the PC-buying experience. The company said his first task will be to set
the timing, locations and design of Microsoft-branded retail stores,
which will sell computers installed with Microsoft software as well as
other company products.
Microsoft has been working to revive the image of its ubiquitous Windows
operating system, starting with a $300 million advertising campaign that
began last fall. Vista, the most recent version of the software, was
widely criticized for being slow, requiring new and pricer hardware, and
not working with devices like printers and scanners. Vista has also been
the subject of a series of snarky television ads from Apple Inc.
At the same time it launched upbeat new TV ads last fall, some of which
struck right back at Apple, Microsoft posted 144 of its own employees in
electronics chain stores around the world to talk with shoppers about
Windows.
The "Gurus" seemed to be Microsoft's answer to Apple's in-store "Genius
Bar." With its newly announced retail store intentions, the
Redmond-based software maker is taking yet another page from Apple's
play book. Apple credits its stores, concentrated mostly in the U.S.,
for helping boost its profile and draw new customers.
But Microsoft's timing may be off. The U.S. recession has socked the
retail sector, and purveyors of electronics have been hit hard. Circuit
City Inc. filed for Chapter 11 bankruptcy protection in November and
said in January it would liquidate its 567 U.S. stores, cutting more
than 34,000 jobs. Best Buy Inc. laid off thousands of corporate
employees in December and reported same-store sales - a key measure of
retail health - sank 6.5 percent.
Even Apple, whose iPods, iMacs and iPhones draw brand-conscious
customers willing to spend more for design, was hit in the holiday
quarter by the recession as average sales per store dropped to $7
million from $8.5 million in 2007.
Microsoft had no comment on the plight of Apple and the big-box stores,
but said its own retail stores can help shoppers make smarter decisions
about spending money on technology.
The company had set up a concept store at its headquarters with displays
of Windows computers, Xbox 360 consoles and games and other items. But
the company said it's meant to help stores like Best Buy see new
merchandising ideas in action, and is not a prototype for stand-alone
retail stores.
=~=~=~=
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