Wednesday, 7 August 2013
11th Hour Veto Saves Older iPhones, iPads From ITC Ban
Apple has snared victory from the jaws of defeat with a little help from the Obama administration, which vetoed an International Trade Commission ruling in favor of Samsung. A presidential veto of an ITC ruling is a rare thing -- the last one came in 1987 -- but there was more at stake in this decision than the usual tit-for-tat in the companies' long-running patent war.
In a surprise move, the Obama administration overturned a decision by the International Trade Commission to ban the import of certain older Apple products after it found that they infringed on certain Samsung patents. The administration made the announcement on Saturday, one day before the ban was set to take effect.
U.S. Trade Representative Michael Froman supplied several reasons for vetoing the import ban, including "technical policy considerations" and their "effect on competitive conditions in the U.S. economy and the effect on U.S. consumers."
A Surprise Decision
Although Apple and other tech companies fiercely lobbied for the veto, it still came as a surprise. The last time the president overturned an ITC decision was in 1987. The fact that Apple is an immensely popular company has led to rampant speculation that the Obama administration caved purely for political reasons.
It is easy to see how that conclusion could be reached, said Matthew Woods, an attorney with Robins Kaplan Miller & Ciresi. "These types of decisions don't happen very often, and the fact that the Obama administration is weighing in at this late date in the decision making process is also something to note," he told MacNewsWorld.
It seems likely that the Obama administration wanted to avoid putting a stamp of approval on a decision to ban the iPhone and iPad, even though the products involved were older models, he said.
The Impact on FRAND
There are reasons for concern over what the decision means for standard setting, said Woods.
The ITC issued the ban after finding that Apple had infringed standard-essential patents held by Samsung. The argument made by Apple and its supporters was that Samsung was refusing to allow Apple to license the technology except under onerous royalty fees that had strings attached.
That is not the purpose of FRAND (Fair, Reasonable And Non-Discriminatory) terms, they argued.
The Business Software Alliance recently made this very case when it filed a brief arguing for an overturn of the ban. Companies have a choice whether they submit their patented technologies to become part of internationally recognized standards, it noted, "but if they make the choice to participate in creating such a standard and in the process commit to licensing their technologies on FRAND terms, then they should not be allowed to circumvent their original commitment by using the Commission to obtain an exclusion order which could result in extracting unreasonable royalties."
On the other hand, licensees could also game the system by refusing to pay a fair and reasonable royalty, as Samsung and its supporters maintained Apple did.
While not taking sides in this particular case, Woods did note that patent holders need to have some option or way to up the ante if licensees refuse to cooperate.
Until its ruling was overturned, the ITC provided one such way, he said.
A Move Against Forum Shopping
There is another reason the Obama administration might have struck down the ITC's ruling, Douglas Panzer of the Law Office of Douglas Panzer told MacNewsWorld.
Companies forum shop their patent cases among district courts routinely, he said, and this practice has expanded to the ITC. "People see the ITC as a way of getting products off the market sooner than they could through the courts. Also, the standard is lower because the ITC doesn't have to meet the injunction criteria."
Panzer's guess about some of the thinking that went into the veto: "What the Obama administration wants to do is say to people, 'We will not let you use the ITC as an end run for patent laws, so think twice about patent shopping into the executive branch and out of the judicial branch.'" 
Mr. Bezos Goes to Washington
Jeff Bezos has done something that could prove to have far greater influence than being elected to Congress. He has bought The Washington Post. "This will enable him to manage the communication of the inevitable regulation and restrictions Congress will place on digital copyrights, online taxation practices, antitrust, etc.," noted KD+E's Erik Dochtermann. And that's just for starters.
News that Amazon CEO Jeff Bezos is acquiring The Washington Post, one of the top newspapers in the United States, shook the publishing world on Monday. Bezos is buying the paper for US$250 million in cash, a transaction that will include affiliated publications. Bezos is making the acquisition as an individual -- the Post is not to be part of Amazon's vast array of products and services.
Much is being said about this sale epitomizing the demise of print journalism's golden era. The Washington Post has carved an indelible mark in U.S. history, with its fight to publish the Pentagon Papers and its reporting on Watergate -- events that occurred decades ago but still resonate.
- http://www.ecommercetimes.com/story/Mr-Bezos-Goes-to-Washington-78661.html#sthash.RwykIY3r.dpufAlibaba's new boss The rise of Genghis Khan
WHO could possibly replace Jack Ma? That is the challenge confronting the senior leadership of Alibaba, China’s biggest internet firm. The flamboyant Mr Ma has led the firm since its founding in 1999, and he has overseen its spectacular transformation from online-listings service to e-commerce powerhouse.
He shocked many by declaring in January that he would step aside at the tender age of 48 from the day-to-day operations of Alibaba. He insisted that he was getting too old to do the job properly. He is to give up the chief executive post on May 10th, but plans to remain heavily involved in the firm as its executive chairman.
Taking a job as chief executive that comes with China’s most celebrated entrepreneur hanging around the office may seem like a poisoned chalice to most, but at least one hard-charging insider is keen on the job. On March 11th the firm announced that Jonathan Lu, a thirteen-year veteran of Alibaba (pictured), will take the helm in May. At 43, he is hardly youthful at a company where the average age of employees is closer to 26.
Still, he is a good choice, argues Peter Williamson of Cambridge University’s Judge School of Business: “He knows the company culture, has strong operational skills and has been leading the delivery of recent company innovations, such as mobile payments and developing the information-technology platform.”
Mr Lu has worked at or near the top of every important division of Alibaba. After heading up an important sales team at Alibaba.com, the firm’s business-to-business marketplace, he launched Alipay, its payment-systems platform, now the world’s largest. He then went on to run Taobao, the firm’s hugely successful domestic e-commerce site. During his tenure, total sales generated by sellers on Taobao grew eightfold. Most recently, he has served as the group’s chief data officer.
Mr Lu’s operational skills will serve him well coming on the heels of a founder with a tendency toward techno-utopianism and visionary thinking. Mr Ma recently admonished managers not to make too much revenue, lest it come at the expense of “customer experience”. Nevertheless, Mr Lu’s appointment raises several big questions about Alibaba’s future.
First of all, when will he float the company? The firm has taken a number of steps of late paving the way for a public listing. Last year, the firm took its Alibaba.com division, which was listed on the Hong Kong exchange, private. It also struck a deal with Yahoo, a big investor with whom it had been squabbling bitterly, to buy back its shares. That deal gives Alibaba strong financial incentives to float the company soon.
Another big question is what exactly is Alibaba’s Big Data strategy? As the dominant firm in the world’s most important e-commerce market—one that will soon surpass even America’s in size—the company is sitting on a treasure trove of data. It has grand ambitions in analytics and related ways of harnessing that data.
Executives say the first and most promising field to apply all this is finance: it is expanding into online insurance, securitisation and micro-lending. As chief data officer, Mr Lu had his finger on the pulse of such matters. But puzzlingly the firm said that its financial services arm would be the only one of its 25 business units not to report to him directly.
The biggest open question for Mr Lu, however, is how he will deal with the giant shadow of the diminutive former boss. “Serving as Alibaba Group CEO is an extremely challenging and difficult job, especially succeeding a founder CEO like me,” observed Mr Ma in an e-mail to Alibaba employees explaining his choice of successor.
It will not be easy, but there is reason to think Mr Lu just might be up to the task. It is tradition at the Taobao division, which has an irreverent culture akin to that of Silicon Valley firms, to take on nicknames. Mr Lu’s nickname is TieMuZhen—better known in the West as Genghis Khan.
Amazon Lets You Put Fine Art in Your Shopping Cart
Amazon on Tuesday added "purveyor of fine art" to its e-commerce business creds, opening Amazon Art, a marketplace to view and purchase fine art created by contemporary and classical artists.
Will any consumers consider putting "Fragment de Nympheas," a framed oil painting by Claude Monet, in their cart for US$2.5 million (+ free shipping)? Or will Amazon Art become a place where art lovers go to view this and other masterpieces -- that is, a virtual museum?
In actuality, the Amazon Art marketplace will sell a range of works from galleries from around the globe featuring contemporary artists, with just a sprinkling of very high-profile pieces. Amazon initially is offering pieces from more than 150 galleries and dealers, showcasing 4,500 artists. There were more than 40,000 works of fine art listed at the outset, and the catalog will grow.
Galleries on the Amazon Art roster are located across the U.S. and Canada, as well as in Europe, including in the UK and the Netherlands. Some of the high-profile galleries include Paddle8 in New York, Holden Luntz in Miami, McLoughlin Gallery in San Francisco, Modernbrook in San Francisco, Catherin Person Gallery in Seattle, and GallerieCiti in the Bay area. While Amazon could include individual artists in the future, it is strictly dealing with galleries and dealers for starters.
At launch the store offered works from Andy Warhol, Claude Monet, Norman Rockwell and other renowned artists.
Realtors eye NRIs for housing projects
Presenting India as one of the few high-return real estate markets in the world, over three dozen property developers from the country have come here to attract UK-based NRIs to invest in housing projects back home.
These developers, which include real estate units of large conglomerates like Mahindras, L&T, Godrej and Adani group, would participate in a two-day home fair organised by housing finance major HDFC.
The other realty players participating in this fair include Sobha Developers, Purvankara Projects, Ansal Properties, Unitech Ltd, 3C Company, Emmar MGF, Lodha Group and Hiranandani Constructions.
"There is nothing like owning a home in your homeland," HDFC Managing Director Renu Sud Karnard said.
"Demand for residential housing has witnessed rapid growth through corporate expansion out of the major cities. Amenities such as shopping and recreational centres, and even the infrastructure in these towns can surpass even the major cities. It's an opportune time for NRIs to invest in property in India," she added.
Nearly 40 developers participating in HDFC Indian Homes Fair here would showcase thousands of properties.
NRIs have been known to have a natural affinity towards their homeland and the depreciation of Indian rupee against the dollar makes has made it a win-win deal, experts said, while adding that the benefits from rupee fall is however only for a short period of time.
The developers are also trying to project Indian real estate market as an attractive destination in the backdrop of sinking property prices across the world.
Realty developers from India plan to hold similar fairs in other major global centres in the US and Europe as well.
But some NRIs stay away from investing in Indian real estate properties owing to lack of clarity on regulations and legal issues, as also due to insufficient information on projects and prices.
Karnad said that HDFC would look to work towards removing the misconception that "it is very complicated for NRIs to take out India property applications from the UK.
"HDFC has a base in London, and we can facilitate the process right here. It's safe and secure," she added.
source:- http://businesstoday.intoday.in/story/realtors-eye-nris-for-housing-projects/1/196669.html
These developers, which include real estate units of large conglomerates like Mahindras, L&T, Godrej and Adani group, would participate in a two-day home fair organised by housing finance major HDFC.
The other realty players participating in this fair include Sobha Developers, Purvankara Projects, Ansal Properties, Unitech Ltd, 3C Company, Emmar MGF, Lodha Group and Hiranandani Constructions.
"There is nothing like owning a home in your homeland," HDFC Managing Director Renu Sud Karnard said.
"Demand for residential housing has witnessed rapid growth through corporate expansion out of the major cities. Amenities such as shopping and recreational centres, and even the infrastructure in these towns can surpass even the major cities. It's an opportune time for NRIs to invest in property in India," she added.
Nearly 40 developers participating in HDFC Indian Homes Fair here would showcase thousands of properties.
NRIs have been known to have a natural affinity towards their homeland and the depreciation of Indian rupee against the dollar makes has made it a win-win deal, experts said, while adding that the benefits from rupee fall is however only for a short period of time.
The developers are also trying to project Indian real estate market as an attractive destination in the backdrop of sinking property prices across the world.
Realty developers from India plan to hold similar fairs in other major global centres in the US and Europe as well.
But some NRIs stay away from investing in Indian real estate properties owing to lack of clarity on regulations and legal issues, as also due to insufficient information on projects and prices.
Karnad said that HDFC would look to work towards removing the misconception that "it is very complicated for NRIs to take out India property applications from the UK.
"HDFC has a base in London, and we can facilitate the process right here. It's safe and secure," she added.
source:- http://businesstoday.intoday.in/story/realtors-eye-nris-for-housing-projects/1/196669.html
Green homes to attract lower interest rates on home loans
Buyers of certified green and energy-efficient homes will get home loans at lower interest rates, with a memorandum of understanding for this being signed on Friday between the Indian Green Building Council (IGBC) and National Housing Bank (NHB).
The purpose of this MoU is to jointly enhance and promote the adoption of energy efficient and 'Green' homes concept in India .
"Going green is indeed an imperative to ensure a sustainable tomorrow. I hoped the MoU will go a long way in promoting green homes and facilitate India emerge as one of the global leaders in green buildings," said Arun Kumar Misra, secretary, ministry of housing and urban poverty alleviation.
The IGBC, a part of the Confederation of Indian Industry (CII), is involved in promoting the green building movement in India.
The council is represented by all stakeholders of construction industry comprising of corporate, government and nodal agencies, architects, product manufacturers and institutions.
Arnab Roy, executive director, NHB, hoped that the partnership will have excellent results in further enhancing green and energy efficient homes in the country.
"NHB with the support of IGBC would offer the fund to home finance companies that are willing to transfer the benefit of concessional interest to buyers of green and energy-efficient homes," said.
source:- http://businesstoday.intoday.in/story/green-homes-to-attract-lower-interest-rates-on-home-loans/1/196694.html
The purpose of this MoU is to jointly enhance and promote the adoption of energy efficient and 'Green' homes concept in India .
"Going green is indeed an imperative to ensure a sustainable tomorrow. I hoped the MoU will go a long way in promoting green homes and facilitate India emerge as one of the global leaders in green buildings," said Arun Kumar Misra, secretary, ministry of housing and urban poverty alleviation.
The IGBC, a part of the Confederation of Indian Industry (CII), is involved in promoting the green building movement in India.
The council is represented by all stakeholders of construction industry comprising of corporate, government and nodal agencies, architects, product manufacturers and institutions.
Arnab Roy, executive director, NHB, hoped that the partnership will have excellent results in further enhancing green and energy efficient homes in the country.
"NHB with the support of IGBC would offer the fund to home finance companies that are willing to transfer the benefit of concessional interest to buyers of green and energy-efficient homes," said.
source:- http://businesstoday.intoday.in/story/green-homes-to-attract-lower-interest-rates-on-home-loans/1/196694.html
Lokpal Bill must be salvaged
Time to end discord and move forward
The much-anticipated Lokpal Bill, which is being looked upon as a panacea for rampant corruption in the country, is at the crossroads, with government and civil society activists on the joint drafting panel trading charges and betraying woeful lack of mutual trust. With the final round of discussions of the panel slated for June 20 and 21, it is anybody’s guess whether there would be a last-minute compromise or whether the two sides would drift further apart, jeopardizing the Bill itself. The atmospherics are certainly not inspiring. It is not conducive to an agreement when civil society spokesman Arvind Kejriwal avers publicly that what the government is now bringing is not a Lokpal Bill but a ‘Jokepal’ Bill. This when the government members’ spokesman V. Moily is claiming that there has been agreement in principle on 34 of the 40 points of the draft Bill and that the discussions on June 20-21 will focus on the six contentious points on which there is discord.
In the crucial final round, both sides would need to move earnestly towards breaking the logjam. The civil society members’ demand that the Prime Minister and the higher judiciary be brought within the purview of the Lokpal Bill which the government finds unacceptable are not intractable issues. Mr Moily’s olive branch on ‘revising’ the Judicial Standards and Accountability Bill 2010 to provide more stringent steps to tackle corruption in the higher judiciary deserves to be examined. On the government’s part, bringing the Prime Minister within the Lokpal Bill’s purview is worth considering while knitting in some safeguards against misuse. The civil society demand for a structure outside the government to cover all government employees seems impractical because of the sheer size of numbers. Bringing the conduct of MPs in Parliament under the Lokpal is another contentious issue on which the civil society members will need to be realistic.
Some ground has surely been covered on a legislation that has been hanging fire for four decades and the Anna Hazare-led movement has certainly catalyzed this. It would be grave folly for either side to now jeopardize a positive outcome. A greater mutual spirit of accommodation would go a long way in satisfying people at large of the panel’s good intentions in combating the monster of corruption.
Bharti Walmart opens 7th store
New Delhi, June 17
Bharti Walmart Pvt Ltd, a joint venture between Bharti Enterprises and Walmart Stores Inc, today opened a wholesale cash-and-carry store at Raipur, in Chhattisgarh, taking the total number of outlets in India to seven.
Bharti Walmart Pvt Ltd, a joint venture between Bharti Enterprises and Walmart Stores Inc, today opened a wholesale cash-and-carry store at Raipur, in Chhattisgarh, taking the total number of outlets in India to seven.
“We have invested $7 million in Chhattisgarh and created over 200 jobs, of which about 40 are from the tribal community..., We have already received a very good response to this store with over 25,000 registered members,” Bharti Walmart MD and CEO Raj Jain said.
The new ‘Best Price Modern Wholesale’ is spread over 53,000 sq ft and stocks over 5,500 items, including foods, fruits and vegetables, groceries, personal and home care items, hotel and restaurant supplies, apparel and general merchandise items. — PTI
Punjab govt cancels Omaxe project in Patiala
Chandigarh, June 17
The Punjab Government today decided to issue a project termination notice to real estate firm Omaxe Limited for allegedly failing to give the promised employment in its integrated township project at Patiala.
The decision was taken during the 44th meeting of the Punjab Urban Planning and Development Authority held here under the Chairmanship of Punjab Chief Minister Parkash Singh Badal, an official release said.
Omaxe has allegedly failed to give employment to 1,000 people in the IT and Bio-Tech sectors at the end of third year (August 9, 2010) after commencement of the project. Another 3,000 people were to be given employment by the end of the fourth year, a spokesperson said.
Omaxe was to develop IT and Biotech sector on 1.5 lakh square feet of area, which was to be part of integrated township project in Patiala.
The state government also announced that in future, the entire development of the said project would be done by Punjab Urban Development Authority (PUDA).
Meanwhile, Omaxe has strongly contested the desion. An Omaxe spokesperson said it released ads inviting expression of interests for IT and Bio-tech parks but the company and Patiala Development Authority (PDA) didn't receive any response.
The permissible time for developing the IT & BIO-tech park in PDA Omaxe City is four years ending on August 2011.
The company and PDA is adhering to the provisions of the Joint Development Agreement (JDA) and despite several attempts to sell IT & Bio-tech parks, it didn't get any response due to economic slowdown and market dynamics which is beyond its control, he said.
The steering committee (comprising of two members from PDA and two members from Omaxe) requested the Punjab government for an extension of two years for developing the these parks, spokesperson added. — PTI
source:- http://www.tribuneindia.com/2011/20110618/biz.htm#3
Property Investment in Gurgaon
The Punjab Government today decided to issue a project termination notice to real estate firm Omaxe Limited for allegedly failing to give the promised employment in its integrated township project at Patiala.
The decision was taken during the 44th meeting of the Punjab Urban Planning and Development Authority held here under the Chairmanship of Punjab Chief Minister Parkash Singh Badal, an official release said.
Omaxe has allegedly failed to give employment to 1,000 people in the IT and Bio-Tech sectors at the end of third year (August 9, 2010) after commencement of the project. Another 3,000 people were to be given employment by the end of the fourth year, a spokesperson said.
Omaxe was to develop IT and Biotech sector on 1.5 lakh square feet of area, which was to be part of integrated township project in Patiala.
The state government also announced that in future, the entire development of the said project would be done by Punjab Urban Development Authority (PUDA).
Meanwhile, Omaxe has strongly contested the desion. An Omaxe spokesperson said it released ads inviting expression of interests for IT and Bio-tech parks but the company and Patiala Development Authority (PDA) didn't receive any response.
The permissible time for developing the IT & BIO-tech park in PDA Omaxe City is four years ending on August 2011.
The company and PDA is adhering to the provisions of the Joint Development Agreement (JDA) and despite several attempts to sell IT & Bio-tech parks, it didn't get any response due to economic slowdown and market dynamics which is beyond its control, he said.
The steering committee (comprising of two members from PDA and two members from Omaxe) requested the Punjab government for an extension of two years for developing the these parks, spokesperson added. — PTI
source:- http://www.tribuneindia.com/2011/20110618/biz.htm#3
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