Dell Q2 2008 Earnings Report Paints an Incomplete Picture
It's difficult enough to judge how fast or how well a company is growing when you already know the record of its past results are incorrect. But the question investors and shareholders are asking of Dell today is, are the company's once-and-future CEO and its very highly esteemed new CFO patching the massive leaks left behind by their predecessors? Yesterday's release of very preliminary earnings numbers for its previous fiscal quarter - which at least were not seriously delayed this time - answers that question with a firm, definitive maybe.
The type of fraud to which Dell Computer admitted two weeks ago that its former executives participated in, concerns shifting expenses around between departments to make earnings look better than they actually are.
Justice Dept. Says Microsoft is Behaving, California Disagrees
In its regular progress report for Microsoft's compliance with the terms of its antitrust settlement, the US Justice Dept. stated today that it believes that since the settlement, there's significant evidence of a more competitive market unhindered by the presence or conduct of Microsoft.
Though the entire DOJ filing had not been publicly released by this afternoon, excerpts cited from a press release show the Dept. wrote, "Since the entry of the Final Judgments, there have been a number of developments in the competitive landscape relating to middleware and to PC operating systems generally that suggest that the Final Judgments are accomplishing their stated goal of fostering competitive conditions among middleware products, unimpeded by anticompetitive exclusionary obstacles erected by Microsoft."
Eolas Settles Microsoft Dispute, Was Likely Paid Cash
As first reported by the Seattle Post-Intelligencer's Todd Bishop, the retrial of the long-running Eolas v. Microsoft case has come to an abrupt end. Eolas shareholders were notified on Monday, Bishop learned, to expect a very special dividend of between $60 and $72 per share.
Since Eolas is not a public company, it isn't possible to do the math to see how much that represents, but that still sounds like a very significant sum. It's indicative of a payout by Microsoft, though probably less than the $565 million it would have had to pay had an appeals court not overturned a judgment against it in March 2005.
Family Guy to Make Download Debut on Xbox
Fox has struck a deal with Microsoft to make episodes from the first two seasons of the popular animated television series Family Guy available through Xbox Live, the first Fox series to be offered on the platform. Family Guy's appearance on Xbox Live marks the first time anywhere -- including iTunes -- where the television show would be available for download legally.
The show is most popular among males 18 to 34, which is also the target demographic of video game consoles. Microsoft said bringing the show to the service would be a perfect fit. Each episode, plus the DVD film Family Guy Presents Stewie Griffin: The Untold Story will be available for 160 Microsoft Points. This would roughly be equivalent to $2 USD, about the same price that videos are being sold for on competing services.
Judge: Security Company Protecting Customers is Immune from Prosecution
What might have been a relatively insignificant case brought by a shareware re-distributor against security software firm Kaspersky Labs was granted a landmark dismissal on Tuesday, for reasons whose repercussions could lead to a new shield of legal security for anti-malware firms throughout the US.
Kaspersky invoked the Communications Decency Act in its own defense, saying it immunizes companies from prosecution for their attempts to give customers the means to block unwanted or offensive content.
YouTube Signs Music Royalty Deal for UK
YouTube said Thursday that it had agreed with the MCPS-PRS Alliance, the UK organization that distributes royalties to the record industry, on a system to compensate artists for music using on the UK version of the site.
About 10 million pieces of music would be licensed for an undisclosed sum, which analysts say is likely in the tens of millions of pounds. The deal would also shelter the social video site from any possible legal actions as a result of music used on its site.
Sony Kills ATRAC, Introduces Video Walkmans
Sony's Walkman entered a new era Thursday, as the company introduced two new models capable of playing not just audio, but also video. Sony also announced it would shutter its Connect music download service, effectively killing its ATRAC format in exchange for Windows Media.
The new high-end Walkman, Sony's NWZ-810 series, sports a 2-inch QVGA (320 by 240 pixels) LCD display, and offers up to 8 hours of battery life when playing video or 33 hours with audio. The slightly-cheaper NWZ-610 models come with a 1.8-inch screen and FM tuner.
TiVo Loses 145,000 Subscribers
TiVo is still struggling to add customers, and miscalculations over the popularity of its HDTV products also hurt the company's bottom line for the quarter ending in July.
The Alviso, Calif. DVR maker's continued struggles highlight the need for the company to get its cable partners moving. More than two years after Comcast announced it would put TiVo on some of its set top boxes, there has yet to be a single commercial rollout.
Sony Depletes Inventory of 60GB PS3
Those hoping to get a discount on Sony's PlayStation 3 game console by snapping up the discontinued 60GB model better act fast: Sony says it has completely depleted inventory in its warehouses, which means what's on retail shelves will be the last units available.
In announcing the price drop and the new $599 80GB PS3, Sony said it expected to continue selling the $499 60GB models through the fall. It's not clear what Sony will do once no more 60GB PS3s are available, but analysts speculate the company will lower the 80GB price to $499 to keep sales up at current levels.
FTC Curious About Proposed Intel, STMicroelectronics Joint Flash Venture
Last May, Intel and STMicroelectronics - with the world's #6 and #5 market shares, respectively, in NAND flash memory - announced they would be joining together with venture capital firm Francisco Partners to create a new consumer-grade flash memory manufacturer, to be called Numonyx. This week, the US Federal Trade Commission is apparently not yet satisfied that Intel has adequately addressed its standard antitrust concerns. Today, Intel announced it received what is formally called a "second request" notice from the FTC.
While that's not nearly the same thing as being notified you're under investigation, a second request notice is typically bad news. It does not mean the FTC has any reason to suspect something in particular, or that it has any specific evidence of malfeasance or wrongdoing.
Sony Shipping Two New Blu-ray Players in Europe
Sony said Thursday that it will begin shipping its latest Blu-ray disc player in October, the BDP-S500 in Europe, the higher-end cousin to its BDP-S300 model which will also be shipping in the region. The S300 will retail for £399 (599 euros) while the S500 would retail for £599 (899 euros). The players come bundled with the Spiderman trilogy in the UK, Sony said.
Among the features included are 1080p upscaling, 24p True Cinema, support for the x.v.Color standard, and HDMI. The S500 adds HDMI 1.3 and Dolby and DTS-HD1 sound. " "Blu-ray is taking off, and the BDP-S300 player is designed to give many more people a way of joining the party in style," Sony Europe Home Entertainment chief Hiro Shinohara said in a statement.
Another Yahoo Reorganization: Memo Signals Focus on Content, Not Ads
Newly elevated Yahoo President Susan Decker issued a memo to employees detailing another massive organization for her company, which for the third time in a mere nine months realigns its business operations under reappointed leadership. Gone is the executive said to have spearheaded the takeover of ad market broker Right Media last April, and the fate of one of the company's most outspoken senior VPs appears uncertain.
"Building on the success that we have had in aligning our sales and distribution organizations around customers, rather than around advertising products like search and display, the two major changes we are announcing today are designed to take this to a higher level," reads Decker's memo to employees yesterday, first published by PaidContent.org. Sounding much more like a content producer than a search or advertising platform, she added, "They will also better align our resources and priorities focused on building key audiences."
Microsoft Buys Enterprise Chat Firm
Microsoft on Thursday announced plans to acquire Chicago-based Parlano, which makes the popular enterprise chat application MindAlign. The move further bolsters the Redmond company's arsenal of unified communications products.
The technology in MindAlign will be integrated into Office Communications Server and the client Office Communicator application. Although Microsoft has long offered group chat abilities, Parlano's program focuses on topic-oriented chats that can persist over multiple sessions. Further details of the agreement were not disclosed, although Microsoft is unlikely to continue developing MindAlign as a standalone product.
'AutoPatcher' Service for Windows Ordered Shut Down by Microsoft
A service designed to help Windows users download Microsoft's updates and install them in a faster manner was ordered shut down by Microsoft, in a cease and desist letter to the service's proprietors.
For the past few years the AutoPatcher service had been giving users what was believed to be a simpler and more intuitive front end and a monthly digest for downloading and installing updates. But it was redistributing Windows code - or, at the very least, distributing a new way to get to Windows code - and was an alternative to Microsoft Update, and as such, the company had no remaining patience for letting it stand.
Linux Foundation: OOXML is Too Long to Be a Standard
In the wake of curious surges in the memberships of national standards bodies, as well as the ISO, prior to upcoming votes to recommend or approve the adoption of Microsoft's Office Open XML as an international standard, the Linux Foundation today pleaded with voters worldwide (both old and new) to listen to reason before making their decisions. But the reasons they're giving have been heard before, and may not be enough to suppress the sudden surges of support for OOXML among national bodies' swelling ranks.
"The Linux Foundation is not only familiar with, but has a vested interest in the preservation of the validity and integrity of the global standards adoption process," writes the Foundation's marketing director, Amanda McPherson, in a statement released today
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