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Archive for 01/19/13

Apple loses another copyright lawsuit in China: Xinhua

A security guard stands next to an Apple retail store during the release of the iPhone 5 in Shanghai December 14, 2012. REUTERS/Carlos Barria

A security guard stands next to an Apple retail store during the release of the iPhone 5 in Shanghai December 14, 2012.

Credit: Reuters/Carlos Barria

SHANGHAI | Fri Dec 28, 2012 8:30am EST

SHANGHAI (Reuters) - A Chinese court has fined Apple Inc 1 million yuan ($160,400) for hosting third-party applications on its App Store that were selling pirated electronic books, the official Xinhua news agency reported on Friday.

Apple is to pay compensation to eight Chinese writers and two companies for violating their copyrights, the Beijing No.2 Intermediate People's Court ruled on Thursday, Xinhua said.

Earlier in the year, a group of Chinese authors filed the suit against Apple, saying an unidentified number of apps on its App Store sold unlicensed copies of their books. The group of eight authors was seeking 10 million yuan in damages.

"We are disappointed at the judgment. Some of our best-selling authors only got 7,000 yuan. The judgment is a signal of encouraging piracy," Bei Zhicheng, a spokesman for the group, told Reuters.

Apple said in a statement that it takes copyright infringement complaints "very seriously".

"We're always updating our service to better assist content owners in protecting their rights," Apple spokeswoman Carolyn Wu said.

China has the world's largest Internet and mobile market by number of users, but piracy costs software companies billions of dollars each year.

Apple, whose products enjoy great popularity in China, has faced a string of legal headaches this year. In July, Apple paid 60 million yuan to a Chinese firm, Proview Technology, to settle a long-running lawsuit over the iPad trademark in China.

($1 = 6.2360 Chinese yuan)

(Reporting by Shanghai Newsroom and Melanie Lee; Editing by Kazunori Takada and Matt Driskill)


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Exclusive: Huawei partner offered embargoed HP gear to Iran


Sun Dec 30, 2012 6:33pm EST


n">(Reuters) - A major Iranian partner of Huawei Technologies offered to sell at least 1.3 million euros worth of embargoed Hewlett-Packard computer equipment to Iran's largest mobile-phone operator in late 2010, documents show.


China's Huawei, the world's second largest telecommunications equipment maker, says neither it nor its partner, a private company registered in Hong Kong, ultimately provided the HP products to the telecom, Mobile Telecommunication Co of Iran, known as MCI. Nevertheless, the incident provides new evidence of how Chinese companies have been willing to help Iran evade trade sanctions.


The proposed deal also raises new questions about Shenzhen-based Huawei, which recently was criticized by the U.S. House Intelligence Committee for failing to "provide evidence to support its claims that it complies with all international sanctions or U.S. export laws."


At least 13 pages of the proposal to MCI, which involved expanding its subscriber billing system, were marked "Huawei confidential" and carried the company's logo, according to documents seen by Reuters. In a statement to Reuters, Huawei called it a "bidding document" and said one of its "major local partners," Skycom Tech Co Ltd, had submitted it to MCI.


The statement went on to say, "Huawei's business in Iran is in full compliance with all applicable laws and regulations including those of the U.N., U.S. and E.U. This commitment has been carried out and followed strictly by our company. Further, we also require our partners to follow the same commitment and strictly abide by the relevant laws and regulations."


In October, Reuters reported that another Iranian partner of Huawei last year tried to sell embargoed American antenna equipment to Iran's second largest mobile operator, MTN Irancell, in a deal the buyer ultimately rejected. The U.S. antenna manufacturer, CommScope Inc, has an agreement with Huawei in which the Chinese firm can use its products in Huawei systems, according to a CommScope spokesman. He added that his company strives to comply fully with all U.S. laws and sanctions.


Huawei has a similar partnership with HP. In a statement, the Palo Alto, Calif., company said, "HP has an extensive control system in place to ensure our partners and resellers comply with all legal and regulatory requirements involving system security, global trade and customer privacy and the company's relationship with Huawei is no different."


The statement added, "HP's distribution contract terms prohibit the sale of HP products into Iran and require compliance with U.S. and other applicable export laws."


Washington has banned the export of computer equipment to Iran for years. The sanctions are designed to deter Iran from developing nuclear weapons; Iran says its nuclear program is aimed purely at producing domestic energy.


CLOSE LINKS


Huawei and its Iranian partner, Skycom, appear to have very close ties.


An Iranian job recruitment site called Irantalent.com describes Skycom as "a leading telecom solution provider" and goes on to list details that are identical to the way Huawei describes itself on its U.S. website: employee-owned, selling "solutions" used by "45 of the world's top 50 telecom operators" and serving "one-third of the world's population."


On LinkedIn.com, several telecom workers list having worked at "Huawei-skycom" on their resumes. A former Skycom employee said the two companies shared the same headquarters in China. And an Iranian telecom manager who has visited Skycom's office in Tehran said, "Everybody carries Huawei badges."


A Hong Kong accountant whose firm is listed in Skycom registration records as its corporate secretary said Friday he would check with the company to see if anyone would answer questions. Reuters did not hear back.


The proposal to MCI, dated October 2010, would have doubled the capacity of MCI's billing system for prepaid customers. The proposal noted that MCI was "growing fast" and that its current system, provided by Huawei, had "exceeded the system capacity" to handle 20 million prepaid subscribers.


"In order to keep serving (MCI) with high quality, we provide this expansion proposal to support 40M subscribers," the proposal states on a page marked "HUAWEI Confidential."


The proposal makes clear that HP computer servers were an integral part of the "Hardware Installation Design" of the expansion project. Tables listing equipment for MCI facilities at a new site in Tehran and in the city of Shiraz repeatedly reference HP servers under the heading, "Minicomputer Model."


The documents seen by Reuters also include a portion of an equipment price list that carries Huawei's logo and are stamped "SKYCOM IRAN OFFICE." The pages list prices for HP servers, disk arrays and switches, including those that already are "existing" and others that need to be added. The total proposed project price came to 19.9 million euros, including a "one time special discount."


The proposed new HP equipment, which totaled 1.3 million euros, included one server, 20 disk arrays, 22 switches and software. The existing HP equipment included 22 servers, 8 disk arrays and 13 switches, with accompanying prices.


Asked who had provided the existing HP equipment to MCI, Vic Guyang, a Huawei spokesman, said it wasn't Huawei. "We would like to add that the existing hardware equipment belongs to the customer. Huawei does not have information on, or the authority to check the source of the customer's equipment."


Officials with MCI did not respond to requests for comment.


In a series of stories this year, Reuters has documented how China has become a backdoor for Iran to obtain embargoed U.S. computer equipment. In March and April, Reuters reported that China's ZTE Corp, a Huawei competitor, had sold or agreed to sell millions of dollars worth of U.S. computer gear, including HP equipment, to Telecommunication Co of Iran, the country's largest telecommunications firm, and a unit of the consortium that controls TCI.


The articles sparked investigations by the U.S. Commerce Department, the Justice Department and some of the U.S. tech companies. ZTE says it is cooperating with the federal probes.


TCI is the parent company of MCI.


(Additional reporting by Grace Li and Chyen Yee Lee in Hong Kong and Marcus George in Dubai; Edited by Simon Robinson)


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Silicon Valley entrepreneur Krikorian quits Amazon board

Blake Krikorian, of id8 Group Holdings, arrives at the Sun Valley Inn in Sun Valley, Idaho July 9, 2009. REUTERS/Rick Wilking

Blake Krikorian, of id8 Group Holdings, arrives at the Sun Valley Inn in Sun Valley, Idaho July 9, 2009.

Credit: Reuters/Rick Wilking

SAN FRANCISCO | Fri Dec 28, 2012 6:37pm EST

SAN FRANCISCO (Reuters) - Silicon Valley entrepreneur and investor Blake Krikorian has quit the board of Amazon.com Inc about a year and a half after joining to take up an unspecified role at the buyer of a company he owned.

Krikorian, known for co-founding Sling Media in 2004, informed the rest of the board on Wednesday of his intention to resign, Amazon said in a Friday filing.

Spokesman Ty Rogers added that the serial entrepreneur, whose latest endeavor is home-automation startup id8 Group R2 Studios Inc, has sold a company and quit in order to take up a position at the acquirer. He did not name the company involved or the buyer.

The Wall Street Journal reported last week that Krikorian's year-old startup was in acquisition discussions with Amazon rivals Apple Inc, Google Inc and Microsoft Corp. It cited sources as saying the trio of tech powerhouses coveted R2 Studios' home-oriented technology as they expanded their own forays into living-room media entertainment.

R2 Studios recently launched a Google Android application to allow users to control home heating and lighting systems from their smartphone. Krikorian's Sling Media -- which was sold to EchoStar Communications in 2007 -- made the "Slingbox" for watching TV on computers.

Krikorian, known also for doing double duty as an angel investor, joined Amazon's board in September of last year, a move hailed as helping propel Amazon's own substantial efforts in online media. (Reporting By Edwin Chan; Editing by Gary Hill and Bob Burgdorfer)


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Pearson to buy stake in Nook, Barnes & Noble shares up


Fri Dec 28, 2012 1:23pm EST


n">(Reuters) - British education and media publisher Pearson Plc has agreed to acquire a 5 percent stake in Barnes & Noble Inc's Nook Media unit for $89.5 million, sending shares of the bookstore operator up as much as 9.7 percent on Friday.


The Nook Media unit comprises Barnes & Noble's digital businesses — including the Nook e-reader and tablets and the Nook digital bookstore — and 674 college bookstores across the United States.


Pearson is the owner of the Financial Times newspaper and the Penguin Group publishing house.


The latest investment in Nook comes after Microsoft Corp agreed in April to invest $300 million in Barnes & Noble's digital and college businesses, a move that sent Barnes & Noble's shares up 79 percent at the time. Barnes & Noble and Microsoft completed that partnership in October.


After the Pearson deal, Barnes & Noble will own about 78.2 percent of Nook Media and Microsoft will own around 16.8 percent, the companies said.


"We always believed that Microsoft was as interested in Barnes & Noble's opportunity in education as it was in the digital consumer arena," said David Strasser, analyst with Janney Montgomery Scott.


"But after this investment from Pearson, it is more clear that Nook Media has its sight set on transforming the way education is administered in the US and around the world," he wrote in a note to clients.


Nook has been a revenue-driver since its launch in 2009 as readers buy more digital books, but product development and marketing costs to keep the devices competitive with Amazon Inc's Kindle have made it an expensive project.


Barnes & Noble said in November that the quarterly loss at the Nook division increased on higher spending on its e-readers and tablets to keep pace with larger rivals Amazon and Apple Inc.


Meanwhile, the top U.S. bookstore chain also said on Friday that sales in the crucial holiday season will come in below expectations, based on preliminary results and current sales trends.


Barnes & Noble said it would provide more details on its holiday sales on January 3. In November, it said that Nook device sales over the four-day Thanksgiving weekend - one of the busiest times of the year for U.S. retailers - doubled from last year, helped by promotions by Wal-Mart Stores Inc and Target Corp.


The 2012 holiday season may have been the worst for retailers since the 2008 financial crisis, with sales growth far below expectations, according to some early findings.


Shares of Barnes & Noble were up 6.1 percent at $15.23 on the New York Stock Exchange on Friday afternoon, off an earlier high at $15.74. They were the fourth-largest gainer in percentage terms on the NYSE.


Pearson shares ended 0.3 percent lower at 1,193 pence in London.


(Reporting by Nivedita Bhattacharjee and Jessica Wohl in Chicago and Abhishek Takle in Bangalore; editing by Joyjeet Das and Matthew Lewis)


View the original article here

Netflix increases CEO Hastings' 2013 salary to $4 million

n">(Reuters) - Netflix Inc doubled Chief Executive Reed Hastings' 2013 salary to $4 million, after a pay cut this year, the video rental company disclosed in a regulatory filing late on Friday.

Of the $4 million, Hastings will receive half in cash and half in stock options. This compares to $500,000 in cash and $1.5 million in stock options the company gave its CEO for 2012, and a combined payout of $3.5 million for 2011. (r.reuters.com/dev84t)

Netflix's high-profile Silicon Valley CEO Hastings took a pay cut this year in the wake of an ill-fated attempt to split the DVD and streaming operations, even as the company missed its own subscriber guidance.

The stock has tumbled more than 70 percent since touching a high of $304.79 in July 2011, although it has risen about 23 percent since the beginning of 2012.

The final value of the stock options, which vest on a monthly basis to Netflix employees, depend on how its shares perform. The company, however, does not give out performance based incentives like many other listed entities.

Chief Financial Officer David Wells' total payout rose slightly to $1.1 million, including $770,000 in cash. (Reporting by Himank Sharma in Bangalore; Editing by Sriraj Kalluvila and Richard Chang)


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Apple to drop patent claims against new Samsung phone


SAN FRANCISCO | Fri Dec 28, 2012 2:14pm EST


SAN FRANCISCO (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.


Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California. Representatives for both Apple and Samsung declined to comment.


Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.


In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.


Apple won a $1.05 billion verdict against Samsung earlier this year but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.


Samsung started selling the Mini in Europe in October to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered in the United States.


But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."


The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.


(Reporting by Dan Levine; Editing by Leslie Adler and Dan Grebler)


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