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Tuesday, November 8, 2011

High court troubled by warrantless GPS tracking (AP) : Technet

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High court troubled by warrantless GPS tracking (AP) : Technet


High court troubled by warrantless GPS tracking (AP)

Posted: 08 Nov 2011 11:55 AM PST

WASHINGTON – The Supreme Court invoked visions of an all-seeing Big Brother and satellites watching us from above. Then things got personal Tuesday when the justices were told police could slap GPS devices on their cars and track their movements, without asking a judge for advance approval.

The occasion for all the talk about intrusive police actions was a hearing in a case about whether the police must get a search warrant before using GPS technology to track criminal suspects. The outcome could have implications for other high-tech surveillance methods as well.

The justices expressed deep reservations about warrantless GPS tracking. But there also was no clear view about how or whether to regulate police use of the devices.

The justices were taken aback when the lawyer representing the government said police officers could install GPS devices on the justices' cars and track their movements without a warrant. To get a warrant, investigators need to convince a judge that there is reason to believe a suspect is involved in criminal activity.

"So your answer is yes, you could tomorrow decide that you put a GPS device on every one of our cars, follow us for a month; no problem under the Constitution?" Chief Justice John Roberts said.

Not only that, government lawyer Michael Dreeben replied, but FBI agents wouldn't need a warrant either if they wanted to rummage through the justices' trash, use a low-tech beeper to track them or tail them around-the-clock with a team of agents. Dreeben said the court has previously ruled that people have no reasonable expectation of privacy in those circumstances.

Justice Samuel Alito captured the essence of the court's concern when he said, "With computers around, it's now so simple to amass an enormous amount of information. How do we deal with this? Just say nothing has changed?"

Justice Stephen Breyer alluded to George Orwell's novel "1984" when he said surveillance in the past depended on human beings and their sometimes flawed memories. But computers don't have that problem, he said.

"The question that I think people are driving at, at least as I understand it and certainly share the concern, is that if you win this case then there is nothing to prevent the police or the government from monitoring 24 hours a day the public movement of every citizen of the United States," Breyer said.

Roberts drew a comparison with artwork to explain his perception of the power of GPS surveillance. "You're talking about the difference between seeing a little tile and a mosaic," Roberts said.

But Dreeben said it would be better for lawmakers rather than judges to set limits. Dreeben said the concerns expressed Tuesday were similar to those in the earlier high court case. Thirty years ago, Dreeben said, "Beeper technology seemed extraordinarily advanced."

The court shouldn't make special rules for GPS devices just because they allow the police to be more efficient in capturing and analyzing data, Dreeben said.

GPS devices are especially useful in early stages of an investigation, when they can eliminate the use of time-consuming stakeouts as officers seek to gather evidence, he said.

The issue arose after the federal appeals court in Washington threw out the drug conspiracy conviction of nightclub owner Antoine Jones. FBI agents and local police did not have a valid search warrant when they installed a GPS device on Jones' car and collected travel information for a month.

The GPS device helped authorities link Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction. The appellate judges said the authorities should have had a warrant and pointed to the length of the surveillance as a factor in their decision.

For all the unease the justices voiced in questions to Dreeben, they seemed equally torn in questions to Stephen Leckar, Jones' lawyer, about how to impose limits on the police.

Justice Ruth Bader Ginsburg asked whether the use of video surveillance cameras is so different from getting information from a GPS device on a car. In London, Justice Elena Kagan noted, cameras are everywhere.

"It's pretty scary," Leckar said.

Justice Antonin Scalia responded with evident sarcasm. "Well, it must be unconstitutional if it's scary," Scalia said.

More gently, Breyer pointed out that English authorities have used video footage to prevent terrorist attacks.

The point of the questioning was to get Leckar to offer a principled way to draw a line that would still allow police to do their jobs without compromising people's rights.

Leckar said perhaps police could use the GPS device to follow someone for one day or one trip, without first getting a warrant. But that didn't appear to satisfy much of the court, either.

An unusual array of interest groups backs Jones, including the Gun Owners of America, the Council on American-Islamic Relations, the American Civil Liberties Union and an association of truck drivers. The groups say GPS technology is much more powerful than the beeper technology police once employed in surveillance.

Other appeals courts have ruled that search warrants aren't necessary for GPS tracking.

The justices are considering two related issues, whether a warrant is needed before installing the device or using the GPS technology to track a vehicle. They could determine that the installation requires a warrant, leaving the knottier issues relating to tracking to another day.

A decision should come by spring.

The case is U.S. v. Jones, 10-1259.

Safety risks seen in computerized medical records (AP)

Posted: 08 Nov 2011 01:52 PM PST

WASHINGTON – The nation's transition to electronic medical records, now in full swing, risks overlooking potential patient safety problems, independent advisers warned the Obama administration Tuesday.

Computerized medical records have been sold as a powerful tool to improve patient safety, for example by automatically alerting a doctor about to prescribe medication a patient is allergic to. But the report by a panel from the influential Institute of Medicine said such benefits shouldn't be taken for granted. There are also risks.

"Concerns about harm from the use of health (technology) have emerged," the report said. "Designed and applied inappropriately, health (technology) can add an additional layer of complexity to the already complex delivery of health care, which can lead to adverse consequences."

Problems ranging from computer crashes, to quirky systems, to technology that doesn't communicate with a rival company's version can lead to medication dosing errors, overlooked signs of a fatal illness, or delays in needed treatment.

An estimated 44,000 to 98,000 people die every year due to medical errors in hospitals. Examples abound of hospitals that have individually improved safety by going electronic. But the report found there is little evidence that such improvements are being made across the health care system.

The Obama administration wants most hospitals and doctors to convert to computerized records instead of paper by 2015, and is investing as much as $27 billion over 10 years in incentive payments for the purchase of new systems.

Tuesday's report is not the only flashing yellow light in the switch to computerized medical records. Previously, the Health and Human Services inspector general warned that security standards need improvement.

Responding to the report, HHS said it's already on top of the issue — but not convinced there's a dire problem. "More can and should be done to capture safety issues unique to (computerized medical records) when and if they arise," said Parmeeth Atwal, of the Office of the National Coordinator for Health Information Technology.

HHS will develop a safety and surveillance plan within 12 months, Atwal said. The administration requested the expert panel's report because it recognized the potential for unintended consequences in such a complex transition, officials said.

The Institute of Medicine panel urged creation of an independent federal agency to investigate safety problems linked to computerized medical records, including injuries and deaths. It would be modeled on the National Transportation Safety Board, which investigates — but does not regulate — the transportation industry.

The advisers also called for HHS to issue annual reports on the safety of computerized medical records starting next year.

If problems arise, the Food and Drug Administration should be called on to regulate medical computer systems, the panel said.

The advisers also raised concerns about the business incentives of the private companies delivering the new systems to hospitals and doctors' offices, questioning whether vendors have any motivation to share their failures, particularly ones that result in patients being harmed.

"Currently, there is no systematic regulation or sense of shared accountability for product functioning, liability is shifted primarily onto users, and there is no way to publicly track adverse outcomes," the report said. "Users need to share information about risks and adverse events with other users and vendors. Legal clauses shifting liability from vendors to users discourage sharing."

The Institute of Medicine is an arm of the National Academy of Sciences, which advises on complex technical and scientific issues affecting public policy.

___

Online: Institute of Medicine report www.nas.edu

Microsoft, Yahoo, AOL team up to sell Internet ads (AP)

Posted: 08 Nov 2011 04:49 PM PST

SAN FRANCISCO – Microsoft, Yahoo and AOL are joining forces in an online advertising attack on Google and Facebook.

The alliance, announced Tuesday, is designed to sell some of the less-prized ad space that Microsoft Corp. Yahoo Inc. and AOL Inc. have had trouble filling on their own.

Even as they share some resources, the three companies vowed to retain their independence and compete against each other with separate sales teams. For that reason, they said they don't expect U.S. antitrust regulators to object to the nonexclusive partnership before they begin selling ads together in January.

Ross Levinsohn, a Yahoo executive vice president, hailed the alliance as a "fundamental rethinking" of the Internet ad market.

That statement also could be interpreted as a bit of wishful thinking. Microsoft, Yahoo and AOL all need to change the direction of an online ad market that has been increasingly tilting in the direction of Google and Facebook.

Having already built a money-making machine in its dominant search engine, Google Inc. has become even more powerful in Internet marketing since it bought DoubleClick's ad service for $3.2 billion in 2008. That deal provided Google with a springboard to leap from text ads that appear next to search results into the graphical messages known as display advertising.

Facebook is attracting more advertising as it becomes more established as the Internet's most popular hangout. The company accumulates valuable insights into people's interests as its 800 million users share their passions. That advantage has helped Facebook become the leader in U.S. display advertising with a 16 percent share of the online ad market, according to the research firm eMarketer Inc.

Yahoo, the former leader, has seen its share fall from 18 percent in 2008 to 13 percent this year. Google's share of the display market has risen from 2 percent in 2008 to 9 percent. Microsoft stands at 5 percent and AOL is hovering around 4 percent, according to eMarketer.

As it has fallen further behind in Internet advertising, Microsoft's online division has piled up operating losses of $7 billion since June 2008. Revenue at both Yahoo and AOL is steadily falling. Yahoo has been struggling so much that its board is mulling whether to sell all or part of the company.

Microsoft may eventually benefit from Facebook's success. It bought a 1.6 percent stake in Facebook for $240 million in 2007. By some estimates, Facebook is now worth three to five times more than it was when Microsoft made its investment.

By tapping into each other's technology, Microsoft, Yahoo, and AOL are betting they can save money and sell more advertising.

The partnership will cover a category of advertising that doesn't typically appear in the prime slots on websites. Microsoft, Yahoo and AOL believe that space will be in higher demand if they can succeed at creating a more efficient, transparent market that helps connect advertisers with the Web audiences best suited for their marketing campaigns.

Honda’s Asimo is now autonomous, brings us closer to robot takeover (Yahoo! News)

Posted: 08 Nov 2011 01:54 PM PST

New wifi-minded carrier offers unbelievable $19 unlimited phone plan (Yahoo! News)

Posted: 08 Nov 2011 12:48 PM PST

iPhone 4S, Can You Hear Me Now? Apple Sees Rise in Audio Bug Reports (Mashable)

Posted: 07 Nov 2011 02:59 PM PST

Some of us are perfectly happy with the iPhone 4S -- but it's starting to feel like we're in the minority. First came "yellowgate" -- reports of users who were seeing a golden tint on their screens. Next came "batterygate"; as Apple eventually admitted, some of the location services in iOS 5 (which comes pre-loaded on the 4S) were causing the battery to drain faster than normal. Last week Siri, the intelligent voice assistant baked into the iPhone 4S, was unable to connect to its servers for the better part of a day.

[More from Mashable: 5 iPhone Battery Cases to Keep You Connected Longer]

Meanwhile, a growing number of 4S users have found a significant audio bug: On some calls, they cannot hear the person on the other end.

Even for those afflicted, the bug does not appear to affect all calls. It can sometimes be remedied by plugging in a headset, they say, or pressing the mute button twice, or disabling Siri. But the elusive nature of a bug does not make it any less annoying -- and the number of users affected by it appears to be on the rise.

[More from Mashable: Siri: The Good, The Bad and The Ugly]

This discussion thread on Apple's website now features 34 pages of notes from affected users, with new commenters chiming in daily. The issue appears to cut across service providers; AT&T and Verizon customers in the US are affected, as are users in the UK and Australia. There is also a Facebook Group called "iPhone 4S Outgoing Call No Audio" -- a sure sign that the problem is crossing the threshold from "bug" to "meme."

What is unknown at this stage is whether this is a software or hardware problem. Users who have installed the developer beta of iOS 5.01 report that it doesn't fix the issue. Some suggest it is a bug in some 4S earpieces, and that exchanging the faulty phone at an Apple Store does the trick.

We've contacted Apple for more information. In the meantime, let us know in the comments if this is a bug you've encountered.

This story originally published on Mashable here.

Cheaper broadband, PCs coming to low-income families (Reuters)

Posted: 08 Nov 2011 09:23 PM PST

Senate bill powers up state online sales taxes (Reuters)

Posted: 08 Nov 2011 04:18 PM PST

WASHINGTON (Reuters) – State governments would be able to collect online sales taxes under a bill due to be introduced in the Senate on Wednesday, said sources familiar with the bill.

Supporters of the online sales tax collection requirement include Wal-Mart Stores Inc, Target Corp and other "big box" retailers who argue they are at a disadvantage against online-only competitors.

A bipartisan group of up to seven senators will introduce the bill, which is broader than similar legislation introduced in the Senate in July. The new bill will differ from a bill in the House of Representatives by affecting more small businesses under a lower exemption threshold, the sources said.

State and local governments support the upcoming bill even more than earlier measures.

Retailers have been exempted from collecting taxes on sales in states where they do not have a physical presence since a 1992 Supreme Court case -- before the advent of e-commerce.

Backers of the new bill say state and local governments will lose $24 billion in uncollected sales taxes in 2012 without the power to tax Web transactions. States have worked for more than a decade to streamline rules and get congressional approval to collect the taxes.

Backers hope the online tax bill will get swept up in bipartisan support for a bill that would eliminate the 3 percent withholding on payments to government contractors.

That bill already passed the House and is expected to pass in the Democrat-led Senate later this week.

Supporters hope the Joint Select Committee on Deficit Reduction, known as the "super committee," will add the sales tax proposal to its recommendations due later this month.

'LEVELS THE PLAYING FIELD'

The storefront retail industry "strongly stands by the legislation being introduced because it levels the playing field," said Danny Diaz, a spokesman for the Alliance for Main Street Fairness, which represents many large retail chain stores, such as Wal-Mart.

Opponents of the Senate legislation say it does not go far enough to protect small businesses. The bill is expected to include an exemption for businesses with less than $500,000 in annual sales.

That exemption for small businesses "is way too low," said Carl Szabo, policy counsel for NetChoice, which represents, AOL Inc, eBay Inc, Yahoo Inc and other Internet companies.

The House version has a $1 million exemption for small businesses that is still too low, Szabo said.

The small business exemption should be as high as $20 million, said Jonathan Johnson, president of Overstock.com Inc..

The "big box" retailers want the small business exemption "as low as possible" to keep "competitors from growing up and competing against them," Johnson said in an interview on Tuesday.

The federal legislation should spare businesses from lawsuits that might arise if they incorrectly collect the wrong amount of sales tax, Johnson said.

Additionally, businesses should get a small share of the tax revenue to cover their compliance costs, he said.

LAWMAKERS TAKE POSITIONS

Congress "shouldn't burden businesses with costs that should be borne by the state," he said. "If we are being asked to do the states' work for them, we should be compensated."

Republican sponsors are expected to be Senators Lamar Alexander, Mike Enzi, Roy Blunt and John Boozman.

Democrats backing it include Senators Richard Durbin, who sponsored similar legislation this summer, Tim Johnson and Jack Reed. The Obama administration is also expected to endorse this bill, a source said.

Other members of Congress are fighting against the bill. Last week, Senate Democrat Ron Wyden and Republican Kelly Ayotte introduced a resolution calling on Congress not to enact legislation that would authorize state governments to collect online sales taxes. A similar resolution was introduced in the House in February.

(Additional reporting by Nanette Byrnes; Editing by Gary Hill)

Boxee Box is getting live TV integration with new update (Digital Trends)

Posted: 08 Nov 2011 09:00 PM PST

Boxee live tvLooks like the Boxee Box is getting an upgrade that will allow users to tune into live television. By using a special USB dongle, users will be able to switch between live HD TV signals and online content with ease.

GigaOm discovered the upcoming feature by obtaining an unreleased build of the Boxee 1.5 update. The live TV icon sits prominently in the left corner of the Boxee home screen; the window promises "your favorite broadcast TV stations". After clicking the icon, users input country, zip code and then a program guide is downloaded. GigOm couldn't proceed further from the channel scanning as instead of the official dongle they improvised with an EyeTV One USB tuner.

An interesting part of the Boxee's live TV integration, found by combing through the settings, is an option to "enhance my experience by sharing my viewership data with friends". It's not exactly clear what that may mean as far as social span. but its worthy to note that Boxee currently allows sharing videos among the platform's users as well as Facebook and Twitter networks.

No more needing to switch inputs. Also, there are signs that point to users being able to access basic unencrypted cable, though that is something best left for an official update. GigaOm believes the integration will be rolled out in the weeks; considering the version they came across was almost in its final form, it may be out by holiday shopping time.

Google TV also offers live broadcasts but you need a box attachment from cable providers to access content. Aside from the live TV, Boxee recently added Spotify to its music offerings. With Online content, television and music Boxee is looking to take over your living room.

This article was originally posted on Digital Trends

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This posting includes an audio/video/photo media file: Download Now

Verizon Gives New 4G Phone Customers Twice the Data (NewsFactor)

Posted: 08 Nov 2011 01:43 PM PST

Verizon Wireless is doubling down on its LTE network data rates under a limited-time offer currently available to the wireless carrier's 4G smartphone users. "For example, a customer purchasing [what used to be] the 2 GB-for-$30 plan will receive 4 GB for the same $30," a Verizon spokesperson said.

The same applies to other data tiers, so, for example, the $50 plan delivers 10 GB instead of 5 GB, and the $80 plan doubles to 20 GB from 10 GB. For an additional $20 per month, 4G LTE smartphone users can add a 2 GB mobile hot spot. Prices do not include taxes and surcharges.

"All new customers who purchase a 4G smartphone are eligible for the double data plans," Verizon said. "Existing customers who have upgraded their service or purchased a 4G smartphone within the last 14 days also will be eligible."

The wireless carrier is attempting to address one of the downsides to 4G LTE: the substantially higher speeds of the new network enable users to exceed their monthly data caps much faster than was previously the case on 3G. "We're pushing hard on 4G because customers want it -- more speed, new services," Verizon said in a recent tweet.

Long-Term Deal

Once a Verizon subscriber has chosen one of the new double data plans, they will be able to keep it as long as they continue to use a 4G LTE smartphone on the wireless carrier's network. "The limited-time promotion applies to how long we will sell the plan, not how long customers get to use the plans," Verizon said.

The rollout of the new data plans was specifically timed to coincide with the availability of Motorola's flashy new Droid Razr ($300), which has a clear runway ahead thanks to Apple's decision to delay the launch of a 4G LTE compatible iPhone. However, new customers also have plenty of other 4G LTE models to choose from, including Samsung's Droid Charge ($200) and Stratosphere ($150), the Motorola's Droid Bionic ($250), HTC Thunderbolt ($150), LG Revolution ($200) and Pantech Breakout ($100).

Verizon's limited time offer is expected to run through the end of this year's holiday shopping season. Keep in mind, however, that the new double data plans only apply to Verizon subscribers using one of the carrier's 4G LTE smartphones.

The pricing of Verizon's data plans for laptop users equipped with 4G LTE USB dongles or mobile hotspot devices remains the same as before. "We always encourage customers to review their data use and check our online data calculator so they purchase the data plan that best fits their needs," Verizon said.

Responding To Customer Feedback

By enticing its 4G LTE subscribers with new double data deals, Verizon can minimize the impact of Sprint's decision to extend its unlimited data plans to include 4G LTE beginning mid-2012. Still, the bigger reason behind the change may be customer feedback, noted Lisa Pierce, the managing vice president of unified communications and networking services at Gartner.

"I don't see it as a response to Sprint's 4G announcement as much I see it as a response to customer backlash on 3G and 4G caps," Pierce said in an e-mail Tuesday. "In that way it is a response to Sprint's continued unlimited data plan for smartphones."

Pierce expects that any comparable move that AT&T may eventually make would be in response to its own negative customer feedback -- not simply a competitive response. "But notice, apart from making Wi-Fi more available, that no major U.S. provider is yet dealing with caps on other types of devices," Pierce said.

For instance, USBs and tablets consume much more data than phones usually do. "Although there aren't, for instance, LTE-capable iPads yet --- goodness help us when there are," Pierce added.

Twitter starts pushing out real-time activity streams (Digital Trends)

Posted: 08 Nov 2011 08:50 PM PST

twitter-real-time

Very similar to the Facebook News Ticker, Twitter is rolling out real-time activity streams for selected accounts as of today. Designed to help users discover new accounts to follow, the activity feed shows who your friends have started following recently as well as retweets, the creation of new lists and tweets marked as favorite. When a user follows one or two new people at a time, the followed account appears in the activity stream with a follow button. In addition, any verified account, such as celebrity accounts, will include the blue and white check badge to denote verification. If the user follows three or more people in a day, the avatars of the new accounts will appear in the stream.

Twitter-bird-001This method of interaction ideally identifies the most active within the Twitter community as well as the most worthwhile users to follow. Twitter has also applied this design to how a user keeps up with replies, retweets and follows. By clicking the @username link next to the activity feed, users can see the people that most recently followed the account in addition to locating responses to tweets more quickly. All of these are in chronological order starting with the most recent entries at the top. While popular accounts with large quantities of retweets can easily become overwhelmed with the new design of the feed, there's a check box to isolate replies on the list and allow for organization when responding to other Twitter users.

Twitter also recently started testing a top news function that rolls out a curated method of content promotion. The design of the top news feature is also being applied to promoting new accounts and will be used to promote popular members of the Twitter community. Selections may end up being curated by internal Twitter employees. 

This article was originally posted on Digital Trends

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Einhorn criticizes Sprint management to investors (Reuters)

Posted: 08 Nov 2011 03:33 PM PST

NEW YORK (Reuters) – Greenlight Capital Inc, the hedge fund run by high-profile investor David Einhorn, said Sprint Nextel "management is on the verge of losing the confidence of financial markets," in a letter to investors.

Greenlight complained about everything from Sprint's quarterly results to how it handled an October 7 analyst day, described in the November 7 letter obtained by Reuters as "an investor relations meltdown."

Einhorn criticized the wireless service provider for announcing larger than expected funding requirements at the event and failing to explain where it would seek the funding.

Sprint declined to comment on the letter.

Last Friday, the company, whose Chief Executive is Dan Hesse, tapped debt markets to raise $4 billion in a bond offering after it announced on October 26 that it would require up to $7 billion in new financing over the next few years.

Greenlight, which had a roughly 1.87 percent stake in Sprint in June, said the stock was still worth owning because the "business opportunity and asset values remain sufficient."

But the letter went on to say "we wouldn't be surprised if shareholders begin to agitate for significant strategic change" and suggested that one change could be a sale of Sprint.

"Given the heavy need to invest, the (Sprint) opportunity may be better pursued by a new owner with a lower cost of capital," the letter said without making any suggestions as to who that buyer could be.

The investor also said Sprint "even managed to bungle" the announcement that it would sell the Apple Inc iPhone.

Sprint was criticized by many investors after the October 7 meeting for failing to disclose how much iPhone would cost the company. It has since disclosed that it committed to spend at least $15.5 billion over four years with Apple.

Greenlight had 55.9 million shares in Sprint, which represented 5.68 percent of its portfolio, at the end of June, according to the latest Reuters data.

Sprint shares, which have lost about half their value since May, closed down 2 cents on Tuesday at $2.89. It had closed at $3.01 before the October 7 meeting.

(Reporting by Sinead Carew and Jennifer Ablan; editing by Bernard Orr)

Ward off winter ailments with a few alternative medicine iPhone apps (Appolicious)

Posted: 08 Nov 2011 02:30 PM PST

New Apps Add Friends' Tastes To Your Choices (NewsFactor)

Posted: 08 Nov 2011 05:32 PM PST

Friends recommend products and services to friends all the time. Now, a new mobile-device app is trying to capture that social-recommendation energy, and is trying to get noticed above the pack of recommendation tools.

The name of the app, and the company that is releasing it, is Wikets. The company said the goal is to put "your friends' best product and place recs at your fingertips," rewarding users for the best recommendations. Those recommendations can be diverse, such as first-time parents recommending to other new parents products for babies, restaurants that can accommodate children, or a great pediatrician.

Reward Points

The recommendations can be sorted by proximity, or they can be viewed in a stream, a la Facebook. The most popular recommendations are shown, and users can comment on them or save to a Wishlist. Products from online stores can be linked, such as from iTunes, eBay, Amazon, or places on Yelp or Foursquare can be suggested.

When a product or service is purchased following a recommendation, the recommender acquires reward points from online retailers, such as iTunes and Amazon. The purchases are made outside the Wikets app, but the purchase is tracked by Wikets, and the company gets affiliate fees for purchases. Points are also offered for making a recommendation.

Wikets, which has received venture capital from Battery Ventures and Andreessen Horowitz, was started by veterans of BladeLogic, a provider of data center and cloud automation software.

While there are a variety of review and recommendation sites, and check-in apps, Wikets is attempting to merge rewards with personal networks to replicate the kind of word-of-mouth -- and resulting satisfaction when you make a good recommendation -- that naturally takes place.

But Wikets is not alone in this quest. For instance, another start-up called Ness, short for "likeness," launched a mobile app in August that makes recommendations of restaurants based on friends with similar likes.

Ness, Oink

Users rate restaurants in a neighborhood, and they can search for restaurants nearby or by a particular cuisine, such as Chinese. A Likeness Score appears next to each restaurant, a rating from 1 percent to 100 percent, which is created from the user's stated preferences, the preferences of friends and the popularity of the restaurant. The listings also reference reviews from a user's Facebook friends or Foursquare check-ins.

Unlike, say, Yelp, Ness is not dependent on your friends writing reviews of the restaurant you're investigating. The company, which utilizes social-graph data mining and natural-language processing, is looking to expand to cover other products and services, such as concerts or retail stores.

Another new mobile app, Oink, has users review products inside establishments, such as a specific dish in a restaurant. So, instead of having to search for Thai restaurants to infer the best pad thai, one searches directly for the nearest, best example of that dish.

Rovi Q3 rev misses Wall Street, shares slump (Reuters)

Posted: 08 Nov 2011 02:49 PM PST

(Reuters) – Digital entertainment technology firm Rovi Corp reported fourth-quarter revenue that missed market expectations as sales at its consumer software business fell 16 percent, sending its shares down by more than a fifth in extended trade.

The company develops copy protection software used by telecom and cable companies, movie studios and set-top box makers makers, and metadata on movies and music.

July-Sept net income slid to $1.8 million, or 2 cents a share, from $36.4 million, or 35 cents a share, a year ago.

Excluding items, the company reported earnings of 63 cents a share, on revenue of $196.5 million.

Consumer software revenue fell to $34.4 million.

Analysts had expected an adjusted profit of 61 cents a share, on revenue of $197.9 million, according to Thomson Reuters I/B/E/S.

Shares of the company fell to $35.80 in after-market trade. They closed at $46.02 on Tuesday on Nasdaq.

(Reporting by Siddharth Cavale in Bangalore; Editing by Sayantani Ghosh)

Walmart updates apps to reach tech-savvy shoppers (Reuters)

Posted: 08 Nov 2011 09:24 PM PST

(Reuters) – Wal-Mart Stores Inc shoppers can now research the trove of product data the world's largest retailer gathers, through a new iPad app and updated app for Apple Inc's iPhone.

The move comes as Walmart tries to win over customers who are doing more research and shopping on their gadgets.

Three-quarters to 92 percent of shoppers at Walmart U.S. stores bring in lists when they shop, Gibu Thomas, Walmart's senior vice president of mobile and digital, said in an interview.

Through the apps, Walmart will share data with the 140 million shoppers who head to its U.S. stores each week, showing them which items are in stock, which ones are available online and whether there are manufacturer coupons valid for their purchases.

"It's the same kinds of things now, that we used to do for our suppliers and for our own store associates, now we're doing for our customers," said Thomas, who as a self-described "geek in Silicon Valley" owns an iPad 2 and an iPhone.

Over half of shoppers that have both a computer and a tablet at home prefer to shop on their tablets, he said.

Walmart, the retailer's largest division, has had an iPhone app since last fall and just launched its iPad app last week, Thomas said.

As of late Tuesday, the iPad app in Apple's app store had 20 ratings with an average score of 4-1/2 stars. That matches the rating of rival Target Corp's iPad app, which was launched nearly a year ago and has more than 170 user ratings.

Once Apple approves Walmart's updated iPhone app, shoppers will be able to create shopping lists on their iPhones. Those who shop at a small number of stores will also see exactly which aisle they should head to in their local Walmart to find the goods on their lists.

The new shopping list function for iPhones also tallies the total price each time shoppers add items to their lists, helping them budget their planned purchases.

Those who have the latest iPhone 4S can even speak their shopping lists into their phones.

Some of the technology is still in the works. For now, shoppers can see coupons online but must print them out to redeem them at Walmart stores. Redeeming coupons directly from the phone could come in the future, Thomas said.

Other retailers, such as Safeway Inc, allow shoppers to select coupons and have them automatically applied to their purchases when they use their loyalty card or enter their phone number at the checkout. Walmart does not have a loyalty program.

Based on 2010 data, roughly one-third of Walmart's customers had a smartphone, which was in line with the general population at the time. Nielsen expects 50 percent of mobile phone users to have smartphones by the end of the year.

Walmart has not tracked how many of its shoppers have iPads.

Walmart also has an app for Google Inc's Android platform and a mobile website viewable from devices such as Research In Motion Ltd's BlackBerry smartphones.

(Reporting by Jessica Wohl in Chicago; Editing by Richard Chang)

Adobe plans layoffs, overhaul to focus on digital (Reuters)

Posted: 08 Nov 2011 04:52 PM PST

(Reuters) – Adobe Systems Inc plans to lay off more than 7 percent of its workforce and take a charge of up to $94 million as part of a restructuring to focus on core businesses such as digital media and marketing.

The news, announced just months after the world's largest maker of design software had projected better-than-expected fourth-quarter revenue, surprised Wall Street and wiped 9.2 percent off its shares.

Adobe, known for its Photoshop and Acrobat software, is updating its suite of products to keep pace with trends and moving to support the increasingly popular HTML5 programing language.

The company did not specify where or what changes might occur. In September, CFO Mark Garrett warned that its print and publishing segment was expected to stay flat this quarter from the previous one.

Revenue from Japan, which accounted for 13 percent of the company's sales last fiscal year, had also taken a hit from the earthquake and tsunami that struck Japan earlier this year.

The 750 positions to be eliminated -- spanning all business units and geographies -- reflected shifts in investment toward digital media and marketing, changing priorities, and reductions in unspecified projects, spokeswoman Jodi Sorenson said.

Adobe, which reported a total head count of 10,041 at the end of the fiscal third quarter, is expected to shed more light on its internal overhaul during its annual analysts' conference on Wednesday.

For now, the company is sticking with previous estimates for the fourth quarter for both revenue and earnings excluding items.

In September, Adobe projected revenue of $1.075 billion to $1.125 billion, and earnings excluding items of 57 cents to 64 cents a share, on a non-GAAP basis.

The company said in a statement on Tuesday it expects to record pre-tax charges of $87 million to $94 million for consolidation and severance, of which $73 million to $78 million would be booked in the fiscal quarter ending December 2.

Shares in Adobe slid to $27.62 in extended trading, from a close of $30.42 on the Nasdaq.

(Editing by Bob Burgdorfer)

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