In what was purported to be Google’s stern talking-to, the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights (breath) opened up its three ring extravaganza today, an affair that was like watching a polite yet drunken developmentally challenged quadruple amputee catch an equally polite greased pig. For 3 hours. Knowing myself well enough to know that 3 hours of this jackassery would result in my hanging myself shortly thereafter, I only dipped my toe in the stream periodically.

Monopolists everywhere tremble in the face of doddering justice

The curtain opened to none other than Eric Schmidt (apparently the people actually running Google were too busy explaining to another legal entity how they didn’t steal from Oracle to make Android). He quickly put into words what everyone in the room was thinking:

That’s actually a pretty accurate paraphrasing of his argument. Schmidt’s load of horseshit shouldn’t have surprised anyone: it was pre-ordained that anything falling out of his caketrap would be garbage. But it was still entertaining to hear the actual words he’d select. We also got to hear the CEOs of Yelp and Nextag call Google out for unabashedly abusing their business models. And lest you be forced to take my word regarding the utter inanity of the proceedings, see if you can stomach this exchange between Google’s antitrust counsel Susan Creighton and Sen. Al Franken. I apologize in advance for the out-of-window playback – and obviously for the infuriating content:

Creighton v. Franken: Fight!

Five minutes of that mummer’s farce – as Ned Stark would say – leaves me astonished that this country’s government allows anything productive to happen. Creighton’s total obfuscation; Franken’s embarrassing misuse of jargon. This is your government at work. The Schoolhouse Rock version of these proceedings would resemble barnyard pr0n.

 

Samsung is taking pre-emptive steps to have the future iPhone 5 banned in Korea, according to a “anonymous executive” at Samsung. Citing infrigement on “wireless technology related patents”, the unnamed executive apparently wants to strip Apple of the “we didn’t know it was coming” defense Samsung tried to use in the EU, one which somehow ended up not working at all.

Apple allegedly responded to the threat decisively this morning, issuing plastic covers for all keyboards and monitors at 1 Infinite Loop, lest coffee, Diet Coke and other caffeinated beverages be hurled from the mouths and noses of Apple employees in fits of hysterical laughter. An unidentified person from Apple’s legal department added “Maybe Samsung should focus its saber-rattling on the dozens of countries where they currently can’t sell their knock-offs because of us,” adding “I’ve also addressed the Sammy exec’s threat more formally. You’ll find traces of my statement ringing the bowl of the 3rd floor men’s room, 2nd stall from the back.”

 

"You may fire when ready"

The rubber is about to hit the road in the Apple v. HTC patent infringement brought before the International Trade Commission. According to Bloomberg, the ITC’s six-member Commission is going to review the initial determination made July and decide whether or not to ban the sales of the Taiwanese manufacturer’s phones in the U.S.  The agency will review all 4 of the patents Apple is claiming were infringed upon, not just the 2 ITC found to be valid in July. The review has a December 6 deadline.

For its part, HTC has upped the stakes for what this could mean:

The exclusion of HTC accused devices from the U.S. market would not only eliminate the most popular brand of smartphones using Android, the fastest-growing mobile operating system, but would also impact the public health, safety, and welfare concerns of individual U.S. consumers.

The “health, safety and welfare concerns” claims apparently relate to special features for the hearing impaired on HTC phones, their compliance with location tracking features of enhanced 911 and Emergency Alert Services. I’m assuming no other smartphones have these “health, safety and welfare” functions, including the iPhone, which the disabled community has been praising for its superior accessibility features.  Or maybe HTC is crapping its pants and is playing the safety card in a pathetic attempt to sway the agency. One of those two.

 

It’s fair to say that Information Technology professionals owe 99% of their livelihood to Windows. Without those wondrous wizards of Exchange access to gift you the tools required to do your job, you’d just play solitaire all day. But did you ever have to resolve an issue with one of these Windows professionals? As a user, you’re usually made to feel stupid when Mr. Doritofingers’ precious time is required to resolve a problem he learned the first day of IT bootcamp. That’s kind of how I felt when I got swept up in the initial marketing volley for Windows 8, only to have Windows President Steven Sinofsky have to spell out for stupid users – again – that Windows apps wouldn’t run on any ARM processors.

If you were a reasonable person, this is how you heard Microsoft’s rollout of Windows 8:

Microsoft: Windows 8 represents a bold new direction for Microsoft. The slick Metro UI will be optimized for touchscreen devices, and overlay the traditional desktop-and-folder Windows interface. Windows 8 will run on devices powered by multiple chipsets, including lower-power ARM processors. Windows 8 brings together all the power and flexibility you have in your PC today with the ability to immerse yourself in a Metro style experience. You don’t have to compromise!

Reasonable Person: One OS for all devices? Isn’t it kinda stupid to stuff Windows inside a smartphone for the sake of realizing your unrealistic “Windows everywhere” mantra?

Microsoft: Of course not! See all those tablets running on low-powered chips behind the bulletproof glass? Watch one of our Vice Presidents show you the traditional Windows desktop for 2 seconds while he drones on about Metro’s background gradient! He’s not avoiding showing you Windows!

RP: Wow- if I could have Windows 7 programs on a low-cost device, it would be a compelling alternative for the 15 people that won’t have an iPad when you finally release it. This is a bold step!

Microsoft: Whoa, whoa whoa! This won’t be Pocket Windows 7.5! We’ve been saying that all along! Why are all of you technology people constantly twisting our words? No Windows apps will run natively on the low-power processors; they’ll have to be recompiled. If they’re more resource hungry than Angry Birds, they’ll probably choke it. But you’ll have that awesome gradient effect!

RP:

Now where would all of those stupid users gotten the idea that a full version of Windows 8 would run on every rig anyway, including the one running on the Droid Bionic’s processor? See if you can guess who said this (hint- it’s the only proper name in this entry):

Why not just start over from scratch? Why not just remove all of the desktop features and only ship the Metro experience? Why not “convert” everything to Metro?  The arguments for a “clean slate” are well known, both for and against. We chose to take the approach of building a design without compromise.

 

The talk all over the the tech world is the pre-beta version of Windows 8 that was unveiled at the BUILD developer conference keynote, a build that is now available for public download. I’ve VM’d it and played with it for a couple hours. This may come as a shock to some of you, but not all of my impressions are negative. Toying with it inspired me to watch Jensen Harris’s talk on the design elements of Metro. In the past, any time I’ve tried to watch a Microsoft executive talk about anything at length, they’ve come off as deluded clowns or doublespeak stuffed shirts. Harris is different. The guy is smart and you can see it in Metro. I think it represents some of the most original stuff I’ve ever seen out of Redmond. It’s a shame it has the Windows legacy gun to its head. Let me explain why.

Windows 8 is really two things: the shiny Metro UI overlays the traditional “Pro” UI, which is basically Windows 7 with an ugly-assed haircut. Microsoft has made it clear (at least so far) that this duality will apply to every device between a tablet and a gaming rig. “One platform to rule them all” as I’ve heard it described.  Microsoft handed out some swanky Samsung quad-core i5 powered 64 GB SSD touchscreens to developers as testing rigs. These kits will not compete with the iPad; it’s metaphorically no different than the tablet Bill Gates demoed at COMDEX in 2000. Acer sells something like that now for $1,100. Instant niche.

The future of Windows’ mobility platform hinges on the future capabilities of low-power processors and/or Microsoft’s willingness to make their tablets more “Windows 7 Phone” and less “PC”. For now, they’re claiming they can shoehorn their whale of a desktop OS and its smarter-than-average Metro overlay onto a device powered by a smartphone chipset. But you’re not going to run Windows while holding an iPad. Sorry. If Microsoft releases a device – even a $400 device - that binks when the “real” OS is activated, Windows 8 will fail as a credible competitor to the iPad, dragged to the bottom of the ocean by the legacy millstone. It’ll be another of Jobs’ “DOA” devices.

Given that the release of Windows 8 is (at least) a year off, things may resolve themselves on the hardware side. After all, no one can put time between hands-off, choreographed product demos and shipping products like Microsoft.

 

Part of the promise of Windows 8 is its ability to run on low-power processors. There have been some sightings of tablets from Nvidia, TI, and Qualcomm all using their particular flavor of ARM. I use the term “sighting” because all of the reference design units were encased in glass. I’m guessing the reason is that they run like shit. The TI unit, for example, sports the same dual-core 1GHz OMAP4430 that the Droid Bionic does – and if Windows 8 runs acceptably on that rig, I’ll eat something really unsavory.

The folks at thisismynext did manage to get a video of a Microsoft VP fiddling with a tablet rocking the Nvidia quad-core “Kal-El” processor. Tell me what you don’t see a lot of:

What was that – 1:53 of fingering the Metro UI while talking about – of all things – the fucking gradient of the background and maybe 6 seconds of Windows Desktop? It may be that Windows 8 will run on a low-power processor, but this sleight-of-hand was nothing more than a demo of a big Windows 7 Phone.

 

As promised, Microsoft released the Developer Preview of its next OS, still called Windows 8 (until someone at Microsoft denies the name like the last time Ballmer referred to it as Windows 8). Thisismynext was one of the lucky review houses to get one of Redmond’s i5 tablets and did a nice little impressions piece, complete with a 6-minute video.

I’ll start with the most painful part: my impression from the video is that it’s not horrible. It’s a somewhat thoughtful extrapolation of its Windows Phone 7 UI that I thought would squarely faceplant. I think there’s a ton of knitting left to be done between the “Tiles” and “Desktop” metaphors, which is a major knock mentioned in the review’s conclusion, but it’s getting there. There’s more than a few missed swipes in the video, complete with “This should…” disclaimers, but I’m past knocking these kinds of things now. Although Apple would never release a developer build that was so rough around the edges, I’ve recently come to terms with the fact that everyone else does and that my expectations have been unrealistically heightened by Apple’s examples.

That said, there are some passages in the review that stick out. I’d have nothing else to do with my time if I didn’t call them out with some snark:

However, one thing that’s been totally revamped is Task Manager, and it’s a good thing, too, because there doesn’t seem to be any other way to close open Metro-style apps when you want to. By default, the Task Manager does that and nothing else — just invokes the good ol’ End Task on apps to make them stop sucking down resources.

Just like Android. What happened to Cntl-Alt-Del?

The tablet also comes with a Wacom digitizer and stylus — there’s a specific handwriting input section in the keyboard, and handwriting to text conversion worked surprisingly well.

I have this image of a zombie Bill Gates staggering towards me with a 7 lb. tablet and stylus clutched in his decomposing hands moaning: “Input…INPUT!!”

Yes, Windows 8 will have its own app store. It’s not out today with the Developer Preview, and we don’t have any indication of when it will arrive — we were simply told “closer to launch” and that you’ll be able to install each app on up to five Windows 8 PCs when it comes.

I bet this will totally simplify the registration process to the point where people will only think about killing themselves once during an Office install.

Developers should also note that there’ll be a hefty certification process if you want to get your app in the store, but also that Microsoft’s planning to be completely transparent about where in the queue you are.

Considering all the shit that Apple has gotten about its OS’s App Stores over the last half-decade, this promises to be an absolute fucking hoot. I’d say the Windows Phone 7 experience will have prepared them, but who are we shitting? There’s like 22 total third-party apps on that platform.

We also saw one field in the Store preview that gave us pause — each app has a field for Supported Architecture, including x86, x64, and/or ARM.

That should simplify things. Also: BWHAHAHAHAHA!

Powered by a 1.6GHz Core i5-2467M processor and a 64GB solid state drive, the system is absolutely no slouch on performance.

I imagine not. Nothing like making a statement about support for legacy hardware right out of the gate. And finally:

If we’re going to be totally honest though, we’d describe Windows 8 right now as incoherent and contradictory.

That’s what I get for being charitable.

 

I don’t think architects and urban planners have a lot of conventions in Los Angeles. But they do have a lot of people, and a higher-than-average concentration of posers, so it’s not surprising that they have an architecture critic. I guess.

Also not surprising: a critic warping something Apple does into a cheer cone for their inane opinions. Los Angeles Times architecture critic Christopher Hawthorne is the latest to yield to the harpy’s call that the company seems to broadcast like some sort of asshole beacon in targeting its proposed Cupertino building.

Hawthorne takes the usual vectors you’d expect someone who wants to disparage the project would take, and some that are puzzling because, well, they’re stupid. Knock on Cupertino City Council for eating out of Jobs’ hand and tying it to Apple’s product announcements? Check. Disparaging comparison to other non-quadralateral structures and gratuitous reference to Cold War architecture? Check. Then things get interesting – and by “interesting” I mean “not very compelling for a critical piece from a publication ending in ‘Times’” (even one based in L.A.).

It is a measure of Jobs’ tight grip on Apple’s reputation for in-house design innovation that even after hiring a celebrity architect like Foster he would keep that architect’s name under wraps; even now, three months after Jobs took the plans public in that council meeting, the Apple press office refuses to confirm that Foster + Partners indeed designed the project.

I guess I’m struggling to see the point of this. Is it that Hawthorne’s peers aren’t getting their just desserts; that Jobs is diminishing the expertise of the firm by not leading with Foster + Partners in every piece of PR? There are other professionals involved in this architecture thing, Mr. Jobs. Christopher Hawthorne demands they be given their due.

Now on to the main event, wherein the urban-saavy architect(ure critic) gets to deride development in the ‘burbs:

When the designs first surfaced online, and a few critics noted their strikingly detached and anti-urban character, defenders of Apple responded by saying that those comments suggested a misreading of Silicon Valley’s history.

The is the entry point of Hawthorne’s long and heavily-borrowed screed against the kind of suburban development that is de rigueur to criticize. The borrowing comes from Louise A. Mozingo, and accounts for a third of the article. The premise: non-urban buildings suck. Put another way:

Even more than low-density tract housing, Mozingo argues, the pastoral corporate campus “precludes the concentration of population that makes public transportation feasible for governments and users.” And even if suburbs like Cupertino decide to make tentative moves in the direction of greater density and better transit, the architecture of the corporate estate —

Zzzzzzzz…sorry.  So cities are the only places where good things happen and if you don’t take on the public-transit leveraging, super expensive urban development, you’re eating up precious resources and hate the earth. This is strange coming from the Los Angeles Times, since L.A. isn’t a city so much as it is a few zip codes connected by smog. But think of how bad it would be if they didn’t have an architecture critic.

 

Being 1/2 German myself, I can attest that there’s a probably inappropriate amount of joy that we “sauerkraut sammitch eaters” take in saying “no”. As a parent, this means I get a lot of joy daily.

Samsung, on the other hand, is not getting a lot of joy from being told “no” repeatedly by the German district court in Dusseldorf. It continued its bitch-slapping of the Korean manufacturer by banning the company’s Galaxy Tab 10.1 from being sold in Germany. Here’s a video re-enactment of the ruling hosted by the people who got you into this (NSFW language):

In addition to the usual promise to appeal the decision, the Sammy sad pandas had this to say:

“By imposing an injunction based on this very generic design right, this ruling restricts design innovation and progress in the industry,”

So generic that nothing you or anyone else produced before the iPad looked anything like it.

It’s too bad Samsung missed out on the Google patent fire sale. Maybe Larry’s newly-opened IP Lemonade Stand still has something available to help.

 

When you’re in the trenches of consumer electronics, sometimes it’s difficult to see the forest for the trees. Every once in a while, you need to be reminded of what matters. Here’s what it looks like:

J.D. Powers is a lot like Consumer Reports – except without the douchebag posturing and fucktarded methodology – so they’re actually a respected barometer of customer satisfaction. And these guys think the iPhone is the best smartphone on the market – for the 6th consecutive time. No SD slot, no HDMI out, no 4G – and no Flash. Just a smartphone that people consistently rave about.

© 2011 TheMacAdvocate Suffusion theme by Sayontan Sinha
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