Smart Office

Cut Prices, New ‘Centre’: ‘Price Gouger’ Accused Adobe Desperate For OZ Love?

Slashing prices, “amazing” Sydney demo centre….Adobe is looking for some Aussie love.

As Adobe gets set to be grilled under the IT pricing inquiry, it is opening new offices and ‘demo centre’ in Sydney tomorrow, supported by communications Minister Stephen Conroy.

As well as rapidly cutting the price of some of its software today, ahead of a parliamentary grilling next month, Adobe also announced the opening new offices and ‘demonstration facility’ in Sydney tomorrow, unveiled by Adobe’s CEO Shantanu Narayen, flanked by Senator Stephen Conroy and NSW Premier Barry O’Farrell. 

“It’s an amazing demo room, looks like a cinema almost with a great digital media experience – you will love it,” an Adobe spokesperson told SmartHouse.

You can’t buy Adobe products from the demo facility located at Sydney CBD at 201 Sussex Street, however.

The media invite was only sent out at short notice this afternoon for an event taking place at 10am tomorrow, as Adobe also slashed prices of Creative Cloud by 20% today.

Earlier this week, it was summoned by the IT pricing enquiry to appear before it to explain the massive price disparities between US and Aussie pricing on Adobe products.

Read: Adobe Slash AU$ Prices... Apple + Microsoft To Follow?

Incidentally, Conroy was the minister who signed off on the IT pricing inquiry, which this week summoned Adobe, Apple and Microsoft to answer before the parliamentary inquiry in Canberra on March 22 next.

However, a spokesperson for the minister denied there was any link between the two events, saying they are “very separate” and the IT pricing inquiry is a parliamentary matter, not a ministerial one.

Adobe’s CEO Shantanu Narayen will be there tommorrow, perhaps to butter up the pollies ahead of the showdown before the inquiry next month, where Apple and Microsoft execs will also face the stand, to explain the massive price disparities between US and Aussie pricing on gear like Adobe products, iPads and Windows software.

Apple Nab Samsung In US As Lawyer Fails To ‘Spot The Difference’

Able to tell the difference between an iPad and Samsung Galaxy Tab? Samsung lawyers couldn’t. A US Judge has ruled Samsung Tabs 10.1 have infringed on Apple owned patents, although warned Apple still need to prove their case.
This latest blow for Samsung Galaxy Tab maker comes as an Australian court upheld an interim ban on its Tab 10.1, meaning the android Honeycomb tab is highly unlikely to be sold this side of Christmas.

Apple are looking to ban not only the Tab 10.1 in the US but also its Galaxy S II smartphone which is pending release there.

One of the critical deciders which appeared to favour Apple was when U.S. District Judge Lucy Koh held up both Apple’s iPad and Samsung Galaxy Tab, and asked Samsung legal counsel Kathleen Sullivan, a lawyer representing Samsung, to spot the difference and identify the iPad from the Galaxy at San Jose, California federal court, Thursday.


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According to Reuters, she could not do it from a distance of about 10 feet away. “Not at this distance, your honor,” Sullivan replied.

“Can any of Samsung’s lawyers tell me which one is Samsung and which one is Apple?” Judge Koh asked.

A Samsung lawyer then did identify which was an iPad and a Galaxy, moments later.

“It took a long time to make that distinction,” Judge Koh noted.

Apple are claiming Samsung infringe at least three design patents, similar to the case made before an Australian court last week.

However, its not looking good for Samsung –  the Judge ‘frequently’ remarked on the similarity between the rival tabs.

And she did agree Samsung has infringed design patents, although appear to reject Apple claim on one of its other ‘ulility’ patents.

 

However, the onus now is on Apple to prove the patents are valid under law.

Samsung counsel are arguing it has raised enough “substantial questions” about the validity of patents in question to prove Apple has no case.

However, a final decision on three other Apple design patents will be arrived at “fairly promptly” as US carriers including T Mobile and Verizon are siding with Samsung, arguing a ban on Galaxy S II will hit Christmas sales hard.

After the hearing, Samsung spokesman Kim Titus rejected Apple’s case for a ban as “groundless.”

However, Apple spokeswoman, Kristen Huguet, maintains Samsung are copy cats: “It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad … This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”

And it looks like other Android devices in Australia could also be in danger of being banned, following last weeks ruling by Judge Bennett,  where the ban on Galaxy Tab 10.1 was upheld until a full hearing on November 1.

According to Foss Patents expert, Florian Mueller, after Justice Bennett’s decision it is possible “no company in the industry be able to launch any new Android-based touchscreen product in Australia anytime soon without incurring a high risk of another interim injunction

Read Analyst Predicts Android Doom & Gloom After Apple Samsung Case

But it wasn’t all bad news for Samsung, in Australia at least.

 

Justice Amanda Bennett rejected Apple’s bid to vet any new Samsung tablets before they go on sale here on Friday last, meaning that although the Galaxy Tab 10.1 is banned for the interim, its 7.7 inch device could be released here instead.

Read Sorry Apple: OZ Samsung 7.7″ Tab Likely After Ruling

Business Confidence Rises Sharply: NAB

Business confidence sharp jump in December, but retail confidence still “poor”
Australian business confidence improved considerably in December, from -9 in November to 3 last month, after deteriorating to its weakest level since 2009 in November, Nab’s Monthly Business Survey – December confirmed yesterday.

Labour costs rose last month but remained contained, while product price inflation moderated slightly and retail price growth remained soft, up from -0.2 to 0.4, according to the survey.

Confidence improved across all states in December, the Nab survey also found. 

Better external sentiment (temporary avoidance of the US ‘fiscal cliff’), strengthening in Chinese data and lower rates have all helped boost business confidence locally, as well as RBA rate cut in December, NAB said yesterday.

However, it may be a reflection of hopes of a better Christmas trading period and further upturn in 2013, as voiced by many retailers that have spoken to Channel News. 

The most notable turnaround was in WA and Queensland where unsurprisingly, confidence was strongest and NSW, which may reflect better data out of China pointing to continued commodities demand over the year ahead

However, it most subdued in Victoria and confidence improved solidly in Tasmania.

But despite confidence surge, forward indicators in retail, as well as wholesale and manufacturing remain poor – with poor forward orders; credit demand at record low levels; and capital expenditure at depressed levels, says Nab.

 

This point to a further slowing in Q1 and Nab are predicting growth of only 2% this year, bad news for retailers hoping 2013 would be see a resurgence after a flat 2012.

Overall, the Nab survey implies underlying demand and GDP growth in the March quarter of around 2.25% and 2.75% respectively – a further slowing in growth from already below trend rates.

However, its not all bad news. Nab also says it expect three rate cuts starting in February.

Judge: Is Apple “Smoking Crack”?

Crack smoking, secret emails. Firm denials.
Welcome to Apple V Samsung.

Judge Lucy Koh is not happy. The US Judge presiding in the battle of the patents between Apple and Samsung is so infuriated she accused Apple’s lawyer of “smoking crack” as he called more witnesses – possibly as many as 29 in all –  to the stand.

Judge Koh accused Apple’s lawyer of “smoking crack” in the US court yesterday as the long running trial gets heated.

“You’re Honor, I’m not smoking crack,” Apple counsel replied as court attendee Nick Wingfield reported on Twitter.

The case comes as Apple accuse Samsung of violating several patents, including its design, icons, pinch gestures and scroll features. They’re claiming $2.5bn in damages and a ban on the sale of all devices that allegedly violate its patents, including the Nexus, Samsung S II and Galaxy Tab.

Samsung, in turn, accuse Apple of using several of its wireless patents and technology.

Samsung too called several witnesses to take the stand, and although not as many as its Cupertino based foe, it has used up much of its allowed time to put its case before the Californian court. Both parties were alloted around 25 hours.

On Wednesday, Samsung called one of its industrial designers as a witness, who firmly denied the company sought to copy the iPad when it was creating the Galaxy Tab 10.1, and insisted the Korean giant was creating a tablet device long before the iPad was first released in 2010, reports Guardian.

“I really enjoy what I do as a designer,” the Samsung designer told the US court. “I am proud of what I do.”

However, the court also heard how Google warned Samsung that its first Tab 10.1 device was too similar to Apple’s iPad.

Apple lawyer presented emails before the court, which claims to show even Google – makers of the Android OS- believed the Tab 10.1 was too similar to Apple’s design.

“Since it is too similar to Apple, make it noticeably different starting with the front side,” the Android creator told Samsung designers in 2010, it is alleged.

 

However, Samsung designer Kim Jin Soo denied any knowledge of the emails in court.

As the case reaches its conclusion, Judge Koh has called on the tech giants to make peace, saying “it’s time for peace” but noted the “risks here for both sides.”

The jury is currently hearing rebuttal witness evidence and Judge Koh wants deliberations to kick off August 21.

@facebook Backlash On e-Mail Invasion

Anger after millions are given a public @facebook e-mail address – without being told.


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There is a distinct Facebook backlash in the air after the network forced e-mail address on all 901 million plus users – whether they like it or not.

The change occurred over the weekend as Facebook community took to rival Twitter to vent their anger and its clear they’re not happy campers :

“FACEBOOK USERS! FB took the liberty to change our default emails this morning for ones that they have created for each user! RT and CHANGE!” one incensed Facebook user wrote.

“@Facebook stop trying to make ‘@facebook.com’ emails happen, it is NOT going to happen!” another angry Facebooker tweeted.

Read: Look Out Gmail: @facebook.com Hits 900M Inboxes

The change means you can’t delete your @facebook address from your acount but you can still keep your other Gmail or Hotmail addresses.

However, you can hide you Facebook address from public view if you dont want FB e-mails (but its pretty obvious..your user name followed by @facebook.com).

“We basically defaulted to show your Facebook address as we rolled this out, just to keep it consistent for everyone,”Meredith Chin, Facebook’s manager of product communications, told CNN.

 

But it appears to be a clever way of Facebook trying to increase the amount of time users spend on the social network site, which has slowed in user growth, according to comScore (although lets face it, 901 million users is no mean feat).

Facebook first launched emails in 2010, but it was optional whether users signed up for yet another email address or not.

Now its just been forced upon the community, without even informing users. The address have not been rolled out to all 901 million Facebookers but will be in the coming weeks.

What IS Apple Ginormous $97BN Plan?

Apple are set to announce a grand plan for its ginormous $97bn cash kitty today.
“Tim Cook, Apple’s CEO, and Peter Oppenheimer, Apple’s CFO, will host a conference call to announce the outcome of the Company’s discussions concerning its cash balance,” Cupertino said yesterday.

The surprise cash plan-of-action announcement will take place Monday, March 19 at 9 a.m. Pacific Daylight Time in the US.

The billion dollar question on everybody’s lips was what Cupertino planned to do with a cash pile of close to $100bn ($97.6bn to be precise), announced in late January made up of cash reserves, investments and other interests.

Apple also recently announced first fiscal quarter 2012 net profit of a whopping $13.1bn. The cash reserves are believed to make Apple richer than the US government and certainly one of the most valuable companies in the world. 

“We continue to be very disciplined with the cash and are not letting it burn a hole in our pocket,” Apple’s top money man, Peter Oppenheimer said, following January’s revelation.

Analysts expect the tech darling to consider a dividend or share buyback meaning Apple shareholders could be in for a nice surprise with the company not having paid a dividend since 2002 (thanks to Steve Jobs).

Issuing a dividend could lure even more investors into its den, although it appears there’s no shortage of Apple shareholder wanabees with share price topping the $600 mark for the first time in history late last week after launch of new iPad.

On the subject of dividends, Cook has said: “I have said since becoming CEO that I am not religious about this.”

“We’re in very active discussions at the board level about what we’re going to do with our money.”

Read: Hey Apple, How WILL You Spend $100Bn?

And this record $600.01 share price comes less than 5 weeks after Cupertino’s shares hit the $500 milestone.

Whatever the plan is, Apple won’t be losing the plot and going on a mad spending spree, Chief Cook also previously warned:

“We spend our money like it’s our last penny. I think that shareholders want that. We’re not going to have a toga party or do something outlandish.”

 

But with profits like this the skies the limit.

The only purchase it has made of late was an Israeli flash memory company, which Cupertino is believed to have paid between $400 million and $500m for.

“Apple will not be providing an update on the current quarter nor will any topics be discussed other than cash,” yesterday’s announcement also stated.

Is Apple Killing Retail?

As the iPhone 5 is launched, is the expanding Apple Store empire killing retailers?


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As retailers globally built up the Apple brand to the most valuable and loved tech company it is today, is Cupertino now taking over the show?

Ahead of the iPhone 5 launch last week, Apple has a total of 17 stores in Australia (249 in the US) opening up new locations in Canberra’s CBD and its first in Perth, and is said to be opening another in Melbourne soon.

Now it has emerged Apple gave retailers limited stock of the iPhone 5, with the largest retailer in the US, Best Buy, just getting 10 devices at some stores, and thus dehabilitated in its bid to meet consumer demand, reports the Wall Street Journal.

“While Apple’s own stores appeared to be selling the new device in large numbers, other retail chains that offered the device had limited quantities from the outset,” sources told the Journal.

“Shortages have hit Apple partners in the past, but the disparity seemed more pronounced this time.”

Apple confirmed it has sold out completely of the iPhone 5 with Tim Cook insisting “stores continue to receive iPhone 5 shipments regularly and customers can continue to order online and receive an estimated delivery date.”

A Vodafone spokesperson told SmartHouse last week it would work with Apple to get new stock if it did sell out of initial iPhone stock.

Telstra did sell out of pre-sale stock but declined to say how much stock it was given by Cuperinto in the first place, saying it was “working on getting more in.” 

Telcos were given a certain amount of pre-sale and retail stock, although the quantities Apple gave retail partners are unknown with the secretive company demanding such information be kept confidential and Apple refusing to give away such figures.

A Citi report recently noted Apple Stores in Australia generate “sales of more than $35 million per store,” which “is in stark contrast to Dick Smith, which has sales per store of $3-$5 million.”

Citi analyst Craig Woolford also noted JB Hi-Fi in particular was at risk from Apple’s Store empire since 20% of its sales are iOS devices and is becoming ever more reliant on Computers and TVs, rather than software and movie titles.

However, this is a load of nonsense, says JB Hi-Fi Marketing Manager, Scott Browning, who rejects the notion that the Apple Store poses any kind of threat to his company, and reckons the analysts view is a “little strange,” he told Channel News.

“Our growth is in line with Apple Stores” Browning insists, adding its 20% figure is “relatively sensible”, given Apple’s domination of consumer electronics with iPhones, iPads and Macs.

It also shows “we are universal resellers and successfully sell a lot of other brands including Samsung, Microsoft based PCs and others. The fact is, Apple remains a successful business and its a transparent company, so no-one has a market advantage.”

So is JB Hi-Fi worried about Apple expanding retail empire?

Apple Stores located nearby actually helps JB stores sell more iOS gear, says Browning, and “our view is they actually help our stores. A lot of people are still working out what they want to buy and the Apple central stores facilitates this.”

Cupertino’s model is to assist resellers and provide a lot of support, but is very dependent on its satellite sellers,  says Browning.

In fact, Apple “satellite resellers,” including the likes of JB, Big W and Harvey Norman, outsell Apple’s own stores sales by a mile. Apple has less than 20 retail stores, which pales in comparison with the 155 JB Hi-fi’s and 177 Harvey Norman outlets in major towns and cities throughout Oz.

The Apple model is about high volume, high rent locations and not spending a lot of money on advertising. The Cupertino giant  uses its stores as a testing ground for selling and merchandising techniques, which it then passes on to resellers, says Browning.

 

Apple’s flagship stores are centralised, confined to CBDs and are a showcase for iOS products, curating the brand and its products.

The Apple price model is also transparent, says JB Hi-Fi’s head of marketing, meaning prices are consistent throughout Apple Stores and resellers, so there’s no major gain for a consumer to buy from an Apple Store as opposed to a reseller.

Browning also says Apple does not inform the Melbourne based company, which has 155 stores scattered in Australia, about its retail plans.

There are now 17 Apple Stores in Oz, with another believed to be opening in Melbourne’s North West soon.

NBN To Hit Cairns

First Tas, NSW, now QLD is to get the NBN treatment.


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Several northern Qld areas near Cairns will be among the first areas to get the National Broadband Network’s  fixed wireless service, which gives speeds of “up to” 100Mbps (eight times faster than ADSL).

The fibre rollout in Cairns’ metro area is scheduled to start shortly and up to 5,000 homes and businesses will be switched on to NBN in stages starting mid 2013, Minister for Broadband, confirmed.

These areas include Aurukun Shire Council, Cairns Regional Council, Cook Shire Council, Tablelands Regional Council and Yarrabah Aboriginal Shire Council.

However, high speed broadband is not a done deal just yet , it seems, with all the NBN Co yet to lodge planning applications for towers in all five of the aforementioned local councils.

Last week, it emerged a numbner of councils in Victoria rejected NBN Co tower applications due to visibility impact  issues.

Read: NBN Red-Faced After Vic Rejection

For those living outside the fibre and fixed wireless footprints, fast broadband will be available via satellite.

“For too long, people living in regional and rural Australia have had to put up with slow, unreliable internet connections – if they could get a connection at all, Minister Conroy said.

“Through the NBN, the government is also delivering uniform national wholesale pricing. This means people living in and around Cairns will pay the same prices for NBN services as people in Brisbane, Sydney and Melbourne.”

Queensland Senator Jan McLucas said it was “fantastic” that a number of Far North communities, including some on Cape York, will soon have access to fast broadband service.

 

“This is fantastic news for the Far North.The NBN will change the way we live and work here in Far North Queensland and I am very excited by the progress we’ll see on the ground in the next 12 months.”

The Gillard Government say it is prioritising regional and rural Australia for the rollout of the NBN.

Ex-Apple Designer: ‘I Can’t Tell Difference Between iPhone & Samsung Galaxy’

Day 4: Samsung V Apple: What’s the difference between an iPhone and Samsung Galaxy?


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What’s the difference between these two phones?

Graphics guru Susan Kare can barely tell.

 In fact, they’re “confusingly similar,” she told a US court yesterday.

 Kare made the admission as the massive Apple V Samsung trial continues in California’s District court, where Apple is accusing Samsung of stealing its unique design technology and claiming $2.5 billion in damages.

Apple called in graphics guru Susan Kare, who worked on Apple’s original graphics for the Mac in the eighties, as an expert witness to prove its argument that its rival indeed did copy Apple unique design technology, reports WSJ who were present at the trial.

“I think of myself as someone who’s pretty granular about looking at graphics, and mistook one for the other,” Kare told the court, admitting mistaking Samsung’s Galaxy smartphone for an iPhone when she picked it up off a table.

“In addition to the analysis, I personally had the experience of being confused.”

The former Apple designer examined 11 Samsung smartphones in all to compare possible similarities to an Apple device and found:

“the overall visual impression on all of these screens — compared each one by one — compared to the screenshot from the iPhone 3G, were confusingly similar.”

Kare reckons Samsung home icons on the user interface screen of Captivate, Epic 4G and Galaxy S 4G screens all infringe Apple patents and the look and feel of its app icon design used on iPhone.

Samsung attorney Charles Verhoeven wasn’t taking the witness claims lying down, however, and presented the two competing devices side by side before the court, claiming there was two extra steps a consumer would have to go through to hit the UI and icons Kare claims are “confusingly similar” to the iPhone.

Verhoeven booted up the Galaxy and up appeared the Samsung logo, followed by an Android ad and Google’s search bar.

Only after these steps could a consumer go the UI apparently similar to iPhone, thus he argued consumers would find it hard to confuse the two devices.

Samsung attorney also pointed to Samsung “Fascinate” smartphone, doesn’t use the familiar rounded-square images as per iPhone.

 

“It’s not 100% different,” Kare said when quizzed about the similarities between the two devices.

She also admitted she had not examined the functionality of the competing devices but rather the look and feel.

Apple also called in another witness, Peter Bressler, yesterday who told the court he had examined iPhone design patent and found that Samsung’s products most defintely infringed Apple’s unique technology.

It also looks like Judge Lucy Koh is getting increasingly frustrated with both sides in the case first filed by Apple in 2010 as their respective lawyers argued over which version of their branded smartphones would be used in evidence.

“How many versions and revisions of these phones are produced?” she said. “Give me a break!”

Coming Soon…Quickflix To Hit Xbox

First Panasonic, now Xbox is to be Quickflix-ed.


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However, although Pana Blu-rays are in the bag, Quickflix streaming to Xbox service is not a done deal just yet, a Quickflix spokesperson told SmartHouse.

Although the deal with Xbox is still not finalised, the Aussie-owned company is hopeful the service will go live sometime “in the next quarter,” so could be here by September/ October time.

Final negotiations with Microsoft are still underway, the spokesperson confirmed.

This is despite the service first flagged by Quickflix in April last.

The Quickflix “unlimited” movie service  would stream TV and move content exclusive to Australia and New Zealand XBox Gold members for a “low fee.”

Gamers will soon be able to watch Quickflix movies on their Xbox console and will include titles from Warner Bros, Sony, NBC Universal, MGM, Lakeshore and Pinnacle Films, meaning anything from ‘A Streetcar Named Desire’ to Johnny Depp’s new flick ‘Dark Shadows’ straight on your Xbox.

And TV series from the BBC, ITV and HBO, maker of hits like The Sopranos, Boardwalk Empire, Game of Thrones, can also be streamed to the Microsoft console.

Quickflix already streams to Xbox-rival Sony PlayStyation, tablets, Apple Macs, smartphones and smart TVs including Samsung, as recently announced.

There is also set to be an official launch of Quickflix on Xbox, but we’ll let you know more as soon as we get word.