In the wake of a federal ruling that online video viewing is protected by U.S. privacy law, Hulu could face millions of dollars in damages for transmitting consumer information to third parties.
The suit alleges that the video-streaming service forwarded viewing information of its users to Scorecard Research, Facebook, DoubleClick, Google Analytics and QuantCast.
“In a proposed class-action against Hulu, U.S. Magistrate Laurel Beeler ruled the Video Privacy Protection Act of 1988 applies to Hulu,” reports Wired. “The popular video-streaming service… argued that the 1988 act, passed to protect video store rental records, did not apply to streaming services.”
“The question is whether the mechanism of delivery here — streaming versus bricks-and-mortar delivery — ends this case at the pleading stage,” wrote Beeler. “Hulu’s remaining argument is only that it is not a ‘video tape service provider’ because the VPPA does not expressly cover digital distribution (a term that did not exist when Congress enacted the statute). Given Congress’ concern with protecting consumers’ privacy in an evolving technological world, the court rejects the argument.”
Congress adopted the VPPA in 1988 after Supreme Court nominee Robert Bork’s video rentals were published in a newspaper. The act requires consumer consent for disclosure of such information, something that may not suit today’s digital approach to media.
“Netflix is lobbying Congress to alter the law, seeking to allow its customers to automatically share their viewing history on Facebook or other social-networking sites,” explains Wired. “Music streaming services allow this feature, but the Video Privacy Protection Act forbids it for video.”
“The Hulu privacy case is now one step closer to trial, and the question of who can share your video playlist is about to break wide open,” suggests ReadWriteWeb in a related post. “The VPPA, the argument goes, puts video streaming businesses at a serious disadvantage on the social Web, especially when you compare them to, say, audio streamers like Pandora and Spotify.”
Closing arguments are likely to be held this week in a potentially groundbreaking lawsuit that could impact how tablets and smartphones look and work.
As previously reported on ETCentric, Apple is seeking $2.5 billion in damages from Samsung for alleged patent infringement, while Samsung has countersued for $422 million.
“After nearly a month of testimony in the legal dogfight between Apple and Samsung over patents, the two parties are expected to make their closing arguments on Tuesday,” reports The New York Times. “It will then be up to jurors to hash out which Apple patents, if any, Samsung stepped on when it created devices that compete with the iPhone and iPad.”
Should Apple win, Samsung and others will likely start designing smartphones and tablets that look very different from Apple’s products.
However, a win for Samsung could have the opposite effect. “Expect to see an awful lot of Apple knockoffs without fear of retribution,” says Michael Gartenberg, an analyst at tech research firm Gartner.
“Although Apple sued Samsung, the outcome of the case has broader implications for other companies that create devices based on Google’s Android operating system, along with Google itself,” notes the article.
“Apple wants an order permanently barring Samsung, the largest maker of Android smartphones, from selling products in the United States that violate its patents. A legal victory against Samsung could give Apple extra ammunition in lawsuits it has filed against other Android makers,” explains NYT.
While some reports suggest Samsung has been on the defensive much of the trial, analysts have suggested the outcome may not swing fully in one direction or the other.
Jorge Contreras, associate professor of law at American University, predicts a “mixed result” — with Apple winning a few of its claims and losing others. Contreras suggests Apple has better footing with its claim of infringement on design patents for the iPhone and iPad, but has a challenge in proving claims regarding “utility patents” that address various software functions.
A promising new technology hopes to offer 3D films on television displays without the need for special 3D glasses. According to the Fraunhofer Institute, researchers plan to unveil the technology at the end of the month during Berlin’s IFA trade show.
The Fraunhofer Institute for Telecommunications research team at the Heinrich-Hertz Institute in Berlin says it has developed a new technology that converts Blu-ray 3D content in real-time to be shown on autostereoscopic displays.
“We take the existing two images and generate a depth map — that is to say, a map that assigns a specific distance from the camera to each object,” says Christian Riechert, research fellow at HHI. “From there we compute any of several intermediate views by applying depth image-based rendering techniques.”
“And here’s the really neat thing: the process operates on a fully automated basis, and in real-time,” adds Riechert.
Simultaneous interpretation allows the viewer to screen a 3D Blu-ray disc without the need for glasses while enjoying the same familiar experience of a conventional stereoscopic approach, including the ability to fast forward, rewind, start and stop, etc. The researchers claim that flickering on the edges of objects (commonly due to imprecise estimations) is now imperceptible.
The team’s next step is to collaborate with industry partners to port the software onto a hardware product that can be used with televisions. The post suggests it will be “at least another calendar year” before we see a product in stores.
The first-ever LA Mobile Arts Festival is set to open this weekend in Santa Monica, celebrating iPhoneography — the “up-and-coming art form” launched by the popularity of the iPhone’s built-in camera and a growing collection of compelling apps.
“The event features 600-plus works from iPhone artists around the world — prints, mixed-media installations, sculptures, sound and video projects, and more,” notes CNET. “It’s sponsored by iPhoneArt.com, one of a number of online communities dedicated to sharing and promoting the burgeoning mobile arts.”
The festival, which will feature works by more than 150 mobile photographers, will also showcase innovative techniques in underground mobile art, reinventing the daguerreotype, and performance art. It will include hands-on workshops and photowalks along Venice Beach and the Santa Monica Pier.
The event will take place for one week at the 22,000-square foot Santa Monica Art Studios (3026 Airport Avenue). The opening gala is slated for Saturday, August 18, 7:00-10:00 pm.
Mobile ad company InMobi recently surveyed 1,055 Americans regarding how much time they spend engaged with different types of media.
“Users responded that they watched TV for 141 minutes a day,” reports Business Insider. “But they spent 144 minutes a day — 26 percent of the nine hours they used various media — with their phones.”
The post features an infographic that breaks down mobile device usage and mobile activities during a typical day. The most common activities of mobile use include general information and search, social media, games, entertainment, email, local search, shopping and banking/paying bills.
Interesting statistics regarding which media most impact purchasing decisions: 59 percent for mobile devices, 57 percent for TV and only 34 percent for computers.
According to the infographic: “66 percent are more or equally comfortable with mobile advertising vs. TV or online ads.”
Broadcast networks are now battling two streaming TV start-ups that transmit their content without permission.
“Alki David, the provocative media entrepreneur who recently launched an Aereo-like streaming TV service called BarryDriller.com, may have unintentionally just done broadcasters a huge favor in their fight to stop both online video services,” reports Adweek.
“That’s because instead of solely banking on a favorable legal outcome against Aereo in New York, broadcasters now have a second suit in a different jurisdiction,” explains the post.
This could potentially provide two routes for appeal to the Supreme Court if either lower court decides against them.
ABC, CBS and NBC have joined the FOX lawsuit against BarryDriller.com in a federal court in California. The networks are already seeking to stop the Barry Diller-backed Aereo service in a New York federal court.
“The problem the networks had in New York, they were trying to swim upstream to get away from the Cablevision decision,” notes David Wittenstein, partner and head of the communications practice for Dow Lohnes. “If you’re the networks, you go to another court in another part of the country. You start with a clean slate.”
“I wouldn’t be surprised if the Supreme Court overturned the underpinnings of Cablevision,” comments Mary Rasenberger, partner with Cowan, DeBaets, Abrahams & Sheppard. “The Supreme Court has a more holistic view of copyright than the lower courts do.”
Sony Computer Entertainment has announced that its PlayStation Mobile cross-platform gaming service will launch this fall, available on PlayStation Vita and Sony’s Xperia mobile devices.
“Previously branded the PlayStation Suite, it will provide a platform for third-party software developers and publishers to create new content like games for portable devices,” reports Reuters.
The new service will initially be made available in nine countries including Japan, Canada and the United States.
The Sony unit also says that Asustek Computer and Wikipad will participate in the PlayStation Certified licensing program, so users of mobile devices from those companies can access PlayStation Mobile content.
“Makers of iOS and Android devices depend on content to boost hardware sales and a community of developers to generate application software content,” explains the post. “Sony did not fully elaborate on its PlayStation Mobile plans in terms of costs and revenue projections, but it has pinned its long-term growth on mobile and gaming devices.”
Forbes published an interesting guest post this week from Al Bunshaft, managing director North America for Dassault Systemes.
Bunshaft discusses the noteworthy trend toward 3D as a new standard for communication via manufacturing and design industries, and now through consumers.
“What’s fascinating about this recent trend is that it is being driven not by consumers’ need to disassociate themselves from their everyday lives, but rather the ability to interact with their own world in new ways,” he writes. “We’ve now entered the Age of 3D Experience.”
For the first time, 3D technology is accessible and affordable to all in an era of powerful, miniature processors. “You don’t need an engineering degree to design, interact or work with 3D objects; you just need an Internet connection,” suggests Bunshaft.
Gaming, movies and television are three forms of entertainment media that are pushing to create more lifelike experiences through advancements in 3D.
“Realism is critical to sustain consumers’ attention which is why 3D environments created using real, scientific data are becoming the communication standard of the world today,” writes Bunshaft, noting additional examples of 3D beyond entertainment such as archeology, trauma treatment, training in the oil and gas industry, virtual clinical trials and crash safety.
“Unique 3D experiences have pragmatic applications in our everyday lives. Similar to the Internet’s story arc, 3D is evolving from a solitary initiative to a community one,” writes Bunshaft.
“People are able to interact with lifelike 3D models and with people from around the world to flatten the world out just a little bit more. The basic human need to congregate with like-minded individuals is driving 3D to its next, fascinating iteration,” he concludes. “Personally, I can’t wait to see it.”
3D pioneer Gene Dolgoff (who invented the first LCD projector, helped develop HDTV, and is currently revolutionizing lenticular imaging technologies at 3-D Vision Inc.) has created a prototype box that he claims will convert any TV into a 3D set.
“Could this be the spark the long-promised 3D revolution needs?” asks Adam Rosenberg, writing for Digital Trends.
Dolgoff — who built his first stereoscopic CRT in 1963 — hopes to provide digital stereoscopic 3D to every viewer with a low-cost device that will convert any type of television into a 3D TV.
“He’s established a Fundable to get the project going — complete with a competition built around having a community-sourced design for the device — and he may well turn to Kickstarter for additional funding once the groundwork is established,” explains the post.
“I was immediately doubtful when I read the pitch,” writes Rosenberg. “After seeing it in person, my doubts were proven to be unfounded. This tech works. And it works exceptionally well.”
Working from his 3-D Vision lab on Long Island, Dolgoff demonstrated the bulky, noisy converter to Rosenberg on multiple displays using DVD, Blu-ray, PlayStation 3 and live television broadcasts.
Rosenberg reports the prototype’s results were impressive and notes that a mass-produced version would be much smaller, lighter, and presumably make less noise.
According to Dolgoff, the software does all the heavy lifting: “It takes the two-dimensional input video signal and it looks at two frames at a time. It looks at brightness, contrast, color saturation, sharpness, position in the frame, because as the depth goes back, all of these things decrease. When you have motion, the occlusion of background objects by foreground objects also gives a lot of information.”
“My whole initial thrust was [the knowledge] that we can’t get everyone to buy a new TV, that’s going to be a logjam. So let’s find a way to make everybody able to see 3D right away with whatever they have,” says Dolgoff. “Once we get it out there, it’s going to get a lot more people watching 3D on their 2D sets and a lot more people buying 3D sets. That’ll start increasing the installed base, which will then provide the incentive for more content to be made in 3D. And then the 3D consumer field will really take off.”
Apple was granted a patent this week for technology resembling a cable box that would allow users of its TV device to change channels via an onscreen menu that appears over the video display.
If the company acts on the patent, Apple TV “will upgrade to live TV, complete with regular and cable channels, and recording abilities,” reports CNET.
The original 2006 patent filing includes supporting images of TV shows from HBO, ABC, CBS and FOX — and indicates that search and browse tools would be integrated into the system.
“If Apple comes through on these designs, this could really boost the functionality — and popularity — of Apple TV, which has been limited by a dearth of native channels,” notes CNET. “Its greatest asset has been with connecting Apple devices for those who own many of them, but for everyone else, there has always been other choices to go to for TV programming.”
The post includes a copy of the full patent application.
Intel may integrate its own wireless charging technology into Intel-based ultrabooks and smartphones by the second half of next year, according to sources.
“In addition to Intel, there are already several smartphone players and telecom carriers aggressively developing wireless charging technology,” reports DigiTimes. “Japan-based NTT Docomo and Sharp both previously launched smartphones with wireless charging functions that meet the Wireless Power Consortium’s (WPS) Qi standard, but high prices are still creating barriers that distance consumers, the sources noted.”
Samsung was expected to unveil a resonance wireless smartphone charger this summer, but the project was delayed due to performance issues. The company may release a magnetic induction wireless charger first.
“Intel’s wireless charging solution uses an ultrabook as the power source paired with related software and a transmitter to wirelessly charge a smartphone,” notes the post. “According to Intel’s data, the solution will feature lower power consumption and does not require the phone to be put in a very specific position.”
Intel has reportedly designed power charging software that includes functions such as equipment examination, charging control, and position tests.
“Sources from notebook players also pointed out that Intel’s Haswell platform is unlikely to fully adopt the wireless charging technology and the idea is expected be seen in just a few models in the second half of 2013,” concludes the post.
Eclectic musician Beck is trying something new for his latest collection of 18 original songs and two instrumentals, by going back into the recording industry’s history prior to the phonograph.
“Beck’s new album — entitled ‘Beck Hansen’s Song Reader’ – won’t be on vinyl, CD, or iTunes,” reports Digital Trends. “Instead, it’s available only as a beautifully illustrated book of sheet music, published by the retro-fetishists of McSweeney’s.”
“The songs here are as unfailingly exciting as you’d expect from their author, but if you want to hear ‘Do We? We Do,’ or ‘Don’t Act Like Your Heart Isn’t Hard,’ bringing them to life depends on you,” explains the artist.
Many music fans may find the approach unsatisfying, but Will Burns, writing for Forbes, describes the idea as “brilliant.”
“As Burns points out, making an ‘album’ that only exists in printed-paper form is an effective end-run around the piracy industry, since there’s no easily reproduced digital bits to download,” notes the post. “And in an era when touring is how musicians make most of their profit, it’s sure to drive up interest in Beck’s next tour, where fans will (presumably) be able to hear the author’s own delivery in his unmistakable voice.”
For nearly a century, the music industry was the same as the sheet music industry (Tin Pan Alley never recorded a note). Treating performance and song as synonymous would come later.
“It’s a great adjustment to the modern era of participatory culture. McSweeney’s will be hosting renditions of the songs by select amateur and professional musicians on its website, and fans are already promising to put together bar bands and YouTube projects to record their own versions of the songs,” explains the post. “Beck is cleverly placing his music in the world of webcam performances and viral videos, making the listener part of the experience in a very direct way.”
Fox has filed suit against start-up BarryDriller.com for using a system of antennas to retransmit its Los Angeles affiliate KTTV without permission.
The Aereo-like service was created by Alki David, whose efforts to stream broadcast signals through FilmOn.com was shut down by a federal court in 2010.
“Last month, a New York federal judge, Alison Nathan, declined to immediately put a halt to Aereo, which streams signals to subscribers via thousands of dime-sized antennas,” reports Variety. “By declining to issue a preliminary injunction, Nathan delivered a blow to the networks, which say that such services undercut their business models. They are in the midst of pursuing an appeal.”
In the wake of the Aereo decision, David launched BarryDriller.com — the name of which serves as a play on Aereo’s most famous investor, Barry Diller.
It is an “homage to a great guy and at the same time it’s drilling him a bit,” David told the Wall Street Journal.
At $5.95 per month, the new service is offered at a lower price point than Aereo, and David says he’ll pay retransmission fees to the networks.
“David said that BarryDriller is in four major markets — New York, Los Angeles, Chicago and Minneapolis — and plans to launch in San Francisco and Dallas in the next two weeks,” notes Variety. “He also said that FilmOn is launching its first broadcast channel in the country, KILM-TV Channel 64, in Los Angeles starting on September 1.”
According to consulting firm Asymco, a comparison of Apple’s Game Center numbers to console sales indicates that iOS has become the most popular gaming platform.
“Their report ‘Measuring iOS as a gaming platform,’ suggests that while Microsoft and Sony may have had the big-name games, and Nintendo delighted millions, more people play games on iOS devices than any console,” reports Digital Trends.
Asymco counted the number of registered Game Center accounts and determined there are 130 million iOS gamers. The report then compared this tally to the most popular game consoles: 67 million gamers purchased Xbox 360s; 65 million bought the PlayStation 3; and Nintendo has sold 96 million Wii units.
“The triumph of the iPhone suggests that bird-in-the-hand convenience is the secret of market penetration,” suggests the post.
And what has been the industry’s response? “Sony’s PlayStation Minis was a clear attempt to get in on some of that cheap, small, downloadable game action,” notes Digital Trends. “Nintendo was so rattled by having real competition in the mobile gaming space that it blatantly copied competing products with the Wii U’s announced ‘app store.’ Even Amazon has adopted Apple’s neologism for its Android marketplace.”
The posts further notes that although iOS may be on the rise in the world of mobile gaming, Game Center’s numbers have not yet reached lifetime sales figures of the Nintendo DS and Nintendo Game Boy.
Game developer and futurist Jane McGonigal delivered a keynote at least week’s SIGGRAPH Conference in which she suggested that playing games has helped people suffering from autism, ADHD, PTSD and cancer. She cited scientific studies and her own extensive research.
She also believes that games can help make people more optimistic and resilient. “McGonigal explains that games bring out positive emotions, including curiously, excitement, contentment, creativity, wonder, joy, relief, love, purpose and pride,” writes Carolyn Giardina for The Hollywood Reporter.
McGonigal is director of game research and development at the Institute for the Future in Palo Alto, California, and author of “Reality Is Broken: Why Games Make us Better and How they Can Change the World.”
“We are in the business of the art of shaping people’s destinies,” she told the crowd at the LA Convention Center. “We need skills and abilities to get the future we want … physical, mental, social and emotional resilience. When I think about games, I’m very interested in what abilities they create and also the destinies they lead us toward.”
McGonigal has created a resilience-building game called “SuperBetter” that is available at the App Store.
“During her keynote, McGonigal led an estimated 3,000 SIGGRAPH attendees through a sampling of the game,” notes Giardina. “Tasks included raising their fists in the air for five seconds — ‘worth plus-one physical resilience … every single second that you are not sitting still, you are actively improving the health of your heart, and your lungs and brain.’”
McGonigal told the crowd that those who played along during the demo earned an extra 7.5 minutes of life.
