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Last week I reported on CNET being sued by a coalition of artist over its Download.com site offering downloads of BitTorrent clients like uTorrent. CNET argued that it was well within its rights to offer such downloads, and as it turns out, the court agreed.
The coalition claimed, that because CNET had reviewed the software and provided an educational video on how to use said software, that Download.com was encouraging the use of the program. The court disagreed, with the judge saying that "there was no indication of encouragement and that a ban on any distribution of the technology would dampen public discussion of P2P technologies."
The judge did agree with the coalition on the fact that uTorrent and other P2P clients can be used to infringe on copyrights, but said:
"However, inducement of infringement requires more than just knowledge of actual or potential infringement. While there might be some evidence of past inducement of copyright infringement, there is no evidence of any ongoing distribution of any file sharing software 'with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement'."
NVIDIA has announced that they are working on building a new headquarters right across the street from their current Santa Clara headquarters. The new building's design is being worked on a team at Gensler and is being led by Hao Ko. NVIDIA says the arhitect shares their "values and drive to perfection."
The current renders of the new building are quite awesome and could rival Apple's new headquarters. As you can see in the picture above, NVIDIA's new headquarters will be shaped like two triangles with a connection in the middle.
The design harmonizes smart functionality and a shape that connects with and inspires our employees - a triangle, the fundamental building block of computer graphics. Efficient in every way, the design is thoughtful in its use of space, energy, and environment, and, of course, cost.
Let us know what you think of the planned headquarters. I think it looks pretty nifty. You can read NVIDIA's announcement blog post on their website.
Did you want to watch the HTC event yesterday but didn't get an invite? HTC has posted video of the event online
If you happened to not be in attendance of the HTC press conference yesterday because you fell ill or, more likely, didn't get an invitation, HTC has you covered. The company has released video of the event online today so that you can take a look inside and see just what you missed out on.
HTC has also chopped together a 4 minute 30 second version of highlights that includes video from the London and New York gatherings. Like most press events, the speakers hype the product with lots of unnecessary adjectives and phrases. Take a look and let us know what you thought of the event.
Apple's stock continues to take a hit as reports of a hiring freeze at Apple's largest supplier surface. There have been two opposing theories offered up and it seems like investors are accepting one over the other and are using it as a reason to pound Apple's stock price.
Apple's stock has decreased in value by $11.14, or 2.42 percent, in today's trading. The Financial Times offers up that the hiring freeze is a result of lower demand for Apple products. According to an external recruiter, "Foxconn's demand for workers this year was as low as that in 2009."
Bloomberg offers up a different reason for the hiring freeze. According to the spokesperson they spoke to, "Foxconn halted recruitment until the end of March after more employees returned from the Chinese New Year break than a year earlier."
The battle over copyright law never seems to end; in fact, it just seems to grow larger every day. Today we are hearing word that the Swedish copyright lobby group, Rights Alliance, is threatening to sue the Swedish political group, the "Pirate Party".
Rights Alliance has issues a notice, giving the Pirate Party a week to comply with their demands of ceasing all hosting of the website The Pirate Bay, or face legal action. The group is citing a ruling from a case last year in which the Supreme Court said that host can be held liable for website's content hosted on their servers.
The Pirate Party of course has no plans on complying, saying "The Pirate Party's activity is legal and lawful activities should not be subjected to threats of this type. It is not illegal to provide the Pirate Bay with Internet access." Some note that since the Pirate Party is a legitimate political party, any legal action taken to shut down TPB hosting can be seen as political censorship.
It looks like GPU shipments for Q4 2012 didn't do so well according to Jon Peddie Research's latest numbers - where they dropped 8.2% sequentially and 11.5% year-over-year. The drop in GPU shipments is being blamed on the popularity of tablets, as well as the continuing and damaging recession.
This has caused JPR to revise their compound annual growth rate (CAGR) for PC graphics from 2012 to 2016 to 3.2%, with the total shipments of GPUs in 2016 hovering at around 549 million units. Intel's shipments dropped just 2.9%, but AMD dropped by a much larger 13.6% and NVIDIA were worse, dropping by 16.7%. Market share wise, we saw Intel hold onto 63.4%, which was a gain of 3.4%, but this was at the expense of AMD and NVIDIA which dropped 1.2% and 1.73% respectively - down to 19.7% and 16.9%.
It looks like South Korean electronic giants LG and Samsung are solving their disputes out of court, after a patent battle between the companies started last year with Samsung filing a lawsuit claiming that LG had stolen technology secrets from within their OLED production.
LG fired back, threatening their own injunctions, but it looks like everything has calmed down and a few expensive drinks have been shared between the companies. Samsung Display have come out saying that they've dropped their injunction request, and LG have responded with the same respect - after dropping the request for an injunction seeking to ban the sale of Samsung's Galaxy Note 10.1 in South Korea, LG have said they're now seeking resolution "through an amicable negotiation".
I'm glad we have companies solving things nicely, and not pushing it all through a court - all in the public eye.
It looks like House of Cards has been a success with Netflix, at least according to data from Cowen and Company. According to their survey of 1,200 people, 28 percent were paying Netflix customers with an additional 18 percent having access to a Netflix account. Their data shows that 10 percent of those users have watched at least one episode of House of Cards during its first week.
On average, six episodes were watched by a user. Most people--80 percent--responded that the series was "good" or "exceptional." Netflix releasing all 13 episodes at once was also received positively, with 90 percent watching more than one episode per sitting.
The data suggests that Arrested Development could be even better for the company, with the largest group of users being aware Netflix is bringing the show back. 19 percent of the 1,200 surveyed were aware of House of Cards. 34 percent were aware of Netflix's original content plans.
Here's the good news for Netflix: 86 percent surveyed said they would be less likely to cancel after watching House of Cards. It looks like original programming might just pay off. Have you seen House of Cards? Are you more likely to keep your Netflix subscription because of it? Let us know!
It looks like the iPad mini's constrained supply has finally caught up to the high demand. The device is now showing as "In Stock" in most countries around the world, showing that Apple's supply has either increased to meet the high demand, or the high demand has dropped off slightly.
In all reality, it's probably the latter option. People are probably seeing the rumors of a new iPhone 5S and are starting to think that an updated iPad mini could also be just around the corner. There have also been rumors of an iPad mini with Retina display coming soon and this could be contributing to a decrease in demand.
European customers are still seeing 1-3 days as the quoted shipping time, but those should soon change to "In Stock." If you want to pick up a new iPad mini, now is definitely a good time as you shouldn't have to wait for them to ship out.
Google's stock continues to perform incredibly well, even while Apple's stock falters. Google's stock increased over 1 percent earlier this morning, topping out at $804.00. This is the first time the stock price has been over $800 and it shows no signs of stopping growing.
The boost has come from renewed investor confidence that Google can continue to increase revenue and profit, even as cost-per-click continues to decline. What's really funny about this whole thing is that Google would actually like the stock price to be lower. They attempted to split the stock last year, but have been unable to due to a lawsuit alleging that a split unfairly gives too much power to co-founders Larry Page and Sergey Brin.