Lawsuit Seeks to Change MLB’s Blackout Policy

As a general rule I think that MLB does a great job connecting to fans in the digital age. It has contests, apps and a range of programs that make it easy to follow your team, and others, from your phone, computer and television.

The one area that it seems to be in the dark ages on is in its blackout policy, which seems to give teams huge latitude in what areas they can claim as their own and prevent the broadcasting of games there, using MLB.TV

We mentioned it briefly several months ago when a post from a poor fan in Hawaii noted that despite the presence of the Pacific Ocean, which most would believe hinder any sudden decision to drop in on a ball game, he was blacked out from watching games from nine different teams including ones as far away as Texas.

Now a group has filed a class action lawsuit claiming that MLB is in violation of the Sherman Act, according to a nice piece on the suit by Yahoo Sports Jeff Passan who notes that Bud Selig, MLB’s commissioner promised to fix the problem six years ago.

The issue is that baseball gains so much from the broadcast rights from regional sports networks and the networks want exclusive rights in exchange for the millions they hand over to the teams. However it does seem odd that it has allowed some networks to claim areas that are a time zone or more away, and that do not carry the networks broadcasting.

With its hard to predict what the result of this case will be, and with baseball’s antitrust exemption it would be hard to bet against them winning, but it would be nice if it actually did make some changes so that fans could see games that they want to.

Mobile Sports Report TechWatch: Google I/O This Week

Google’s Goggle I/O show is this week so expect to hear an onslaught of news from the company and its partners on all things related to Android, smartphones, tablets, Chrome and most likely a host of other issues that they are concerned with.

The show will be held from June 27 to June 29 at San Francisco’s Moscone Convention Center and most of the keynote sessions will be live streamed for those of you that are interested but don’t want to endure the cold of an SF summer. (editor’s note: 75 degrees here today, Oregon boy.)

One message I would like to hear is how it will deal with the growing fragmentation of its Android operating system. It seems that most of the major manufacturers are only now coming on board with Ice Cream Sandwich, and a new OS is expected this week.

The issue is important for a number of reasons but a major one is that continued fragmentation could lead to developers only focusing on Apple’s iOS and even Windows 8 when that OS is available.

Intel invests in touchscreen developer
Intel Capital was the lead investor in a EUR20 million investment funding round for touchscreen technology developer FlatFrog Laboratories. Invus was also an investor in the round. FlatFrog is developing technology that tracks light traveling inside the cover glass of a screen.

Apple dealt a setback in battle with Motorola
Judge Richard Posner, who is presiding over one of the major patent disputes between Apple and Motorola, has ruled that Apple cannot pursue an injunction against Motorola and has dismissed the case with prejudice.

Posner had previously indicated that this was the direction he was leaning in but relented to allow testimony from both sides of the case last week. Apple does have the option to appeal his ruling.


Apple moving ahead in Samsung patent suit

While losing an important round to Motorola, Apple is continuing to push ahead with its Samsung lawsuit and will have its request to have a court order blocking sales of Samsung’s Galaxy Tab 10.1 heard this week.

The judge in the case has also said that she hopes to rule on Apple’s bid to block sales of Samsung’s Galaxy Nexus smartphone at the June 29th hearing.

Microsoft says no to Motorola patent proposal payout
Microsoft has declined to accept the offer that Motorola made that would settle the patent dispute between the two companies that has threatened Microsoft’s ability to ship Xbox 360 consoles into the US and would bar some Android phones from Motorola as well.

Motorola was offering to pay 33 cents per phone that uses Microsoft’s ActiveSync software and wants Microsoft to pay it 50 cents for each device that uses Microsoft’s Windows operating system that uses Motorola’s industry standard video compression patent.

Mobile Carriers agree to alert travelers on roaming charges
Have you ever traveled in a foreign country and used your smartphone and had a slight heart attack when you got your bill at home with the huge roaming charges attached? Now carriers are going to do something about that.

What they are doing is to send you a message alerting you to the fact that your data plan has changed and new rates will apply. Among the 24 that have signed on are AT&T, China Mobile, China Unicom, Deutsche Telekom, France Telecom-Orange, Hutchison 3 Group, SoftBank Mobile Corp., Verizon Communications, America Movil, and Vodafone Group.

Apple fined over 4G claims
An Australian court has fined Apple $2.27 million over its claims for its iPad that included unsupported promises of 4G support. After the charges were brought Apple changed its advertising and offered refunds. Apple now touts the device as WiFi+ Cellular.

Friday Grab Bag: X Games Coming, Soccer Corruption in China, Bike Lojack

ESPN’s annual summer X Games will begin next week on June 28 and run until July 1. Fans and athletes will descend on Los Angles for the events that will start with the X Fest that runs from noon until 7 pm on the opening day.

ESPN will be spreading the 21 hours of live broadcasting, both on-air and online, between a number of its properties: ESPN, ESPN2, and ABC will have the on-air duties with HD handled by ESPN 3D. For online, the games will also be digitally streamed on XGames.com and WatchESPN.com.

Intel buys InterDigital patent portfolio
Intel has reached an agreement to purchase approximately 1,700 patents and applications from wireless technology developer InterDigital for $375 million. The patents primarily are in the areas of 3G, LTE and 802.11 technologies.

Intel said that the move will be a benefit to its development efforts in the mobile segment, and the unspoken part of the deal is that it will no doubt provide ammunition in the ongoing legal spats over patents that are common in the mobile space as well.

Vungle creates App Fund for developers
Vungle, a startup that seeks to provide a variety of advertising and promotional avenues aside from the traditional pop-up ads has moved to draw more players to its platform. In a very interesting turn the company, which just closed a $2 million venture round last month will use half of that money and create a fund for other developers.

The purpose of the move, according to TechCrunch, is to lure developers to its platform and so gain a boost for its approach to alternative advertising for mobile apps. It will be interesting to see how this works out.

Corruption in Chinese soccer — who knew?
The New Yorker, where I often go for my sporting news, had an interesting piece on corruption in the world of Chinese soccer. League executives, players and refs have all been hauled away and imprisoned due to an apparent widespread match fixing epidemic.

It seems that it has been ongoing for several years and that one top referee received $128,000 to fix seven matches. The country, which is seeking to win the rights to host the World Cup in the future, is cracking down to show that it will not tolerate this type of blatant corruption. What impact that will have on FIFA I am not sure.

Apple and Motorola get chance to push claims
The Apple vs Motorola litigants had the opportunity to speak their piece to US Circuit Court Judge Richard Posner. Apple apparently does not want Motorola to pay royalties but wants it to change its design and also claims that since Motorola’s patent is never used it has no value. Motorola obviously does not agree with either position.

Oracle taking Google lawsuit to next level
Oracle has agreed to accept zero damages for the copyright infringement claims that it ‘won’ in its case versus Google over Java technology. Oracle had been seeking big money in the case, claiming that it suffered up to $6 billion in loses.

However this is not the end of the affair. Oracle has said it will appeal its claims in the case once again, including both the patent infringement and whether its APIs can be copyrighted, to the Ninth Circuit appeals court.

Amazon App Store goes International
I have to say that I was surprised when I read that Amazon had not really extended its App Store to other countries and that it was primarily focused on the US market, a short sighted deal since one of its top developers of Android running devices Samsung is so strong internationally.

But anyway that looks to be a thing of the past as the company has now started opening it up and now developers in the United Kingdom, Germany, France, Italy and Spain can release games and apps designed specifically for those markets and the company has promised that more nations will be opened up to the joys of apps in the near futire, according to Cnet.

Ever had your bike stolen? SpyBike GPS could track the next one
SpyBike is a product developed by Integrated Trackers that is designed to look like a normal headset cap. It is designed to be activated when the bike is locked and you use a simply arming key and if the bike is moved it starts sending out data via a GPRS message and uses GPS to locate the bike. If GPS fails it has a fall back technology to help locate it.

The device does not come cheap, at $153 as well as a per message charge. The company said that it costs a fraction of a penny per message, but that varies by country. It features a rechargeable battery that can hold a charge of months.

Microsoft is on a roll, but is it a good one?

PC Mag is reporting that the company only gave some of its top OEMs a few days notice prior to announcing its Surface tablet platform earlier this week. As a number of them have made a major investment in developing for the underlying operating system, Windows 8, this seems a bit shortsighted.

Then later in the week it talks about its Windows 8 for smartphones and reveals that customers that buy the current family of smartphones will not be supported by Windows 8. I am sure that cheers up Nokia which has made a major investment in promoting Windows Phone technology.

Lawsuit Jolts Athlete-App World — Is Strava.com to Blame for Cycling Accident Deaths?

The athlete-motivation application world got a jolt Monday when news broke of a lawsuit being filed against Strava.com, in part alleging that the results-comparison site caused a rider to push himself too hard, resulting in an accident that killed him.

This San Francisco Chronicle report (scroll down, it’s the second item) has most of the details — which stem from an accident two years ago when then 41-year-old William “Kim” Flint lost control of his bike while going approximately 40 mph in a descent on an East Bay road. Here’s a quick snippet quoting the attorney from Flint’s family, who is filing the lawsuit:

“If they are going to host events, give away prizes and draw in users to get the fastest times, then someone should at least come out and see that the routes are safe,” said Susan Kang, attorney for the family of William “Kim” Flint, the 41-year-old electrical engineer who died in the bicycling accident June 19, 2010.

Kang says Flint was “obsessed” with the bike-times website maintained by Strava Inc., the company being named in the lawsuit. He had learned the night before he died that someone using the site had beaten his record “King of the Mountain” time on the same hill, she said.

We’d never looked closely at Strava.com before but the site and its challenges seem pretty popular — certainly at the front of a marketplace just getting started, where weekend warriors can “compete” using recorded times on known routes, all done via GPS and device wonkery. But are some Strava.com users getting out of control, breaking laws and endangering lives in trying to become virtual champs? The latest twist in this scenario, according to the SF Gate report, is that Chris Bucchere, the cyclist charged last week with felony manslaughter (for running down a 71-year-old man in a crosswalk) was also trying to beat a Strava.com record.

We haven’t yet reached out to the company for comment yet, but on the company blog, Michael Horvath (who is referred to as Strava.com’s “fearless leader”) had a post Monday that seemed to answer the lawsuit obliquely: Titled “Stand With Us,” the blog post started with what seemed like a it’s-not-our-fault disclaimer that may or may not mean much to a judge and jury. Here’s the top of the blog post:

Each and every day we strive to improve Strava for you ­­ the athlete. We are athletes too, just like you. As the Strava community grows, we all need to follow a few simple guideposts to ensure that Strava’s impact is positive.

This is what we, the Strava community, stand for:

We know the rules. Laws and rules are created for our protection. Cycling, running and swimming are inherently dangerous and following the law, and common sense, when it comes to traffic, weather, or conditions, reduces our odds of getting hurt or hurting others. It’s as simple as that.

The blog goes on to talk about resting and honoring sportsmanship (aka, no cheaters) and ends with this line: “If you want to be part of the Strava community, we’d like you to stand with us and take these guideposts to heart.”

Something tells us that if lawyers are getting involved, it’s not going to be as simple as a statement on a blog to prove that Strava.com’s competitions didn’t cause harm. Or that the bad apples aren’t a part of the Strava.com community. There are going to be many who decry the lawsuit as some part of a nanny-state weirdness, but there is probably some legitimate question to be asked whether or not a site that promotes virtual competitions on real streets and trails is responsible for the participants’ actions, much in the way a 10K race must take out insurance to cover its runners. I have a feeling this may be the tip of the iceberg for such sites like Strava.com. It’s something we’re going to watch closely.

UPDATE: There’s a new blog post on the Strava.com site, with some new terms of service that appear to include language that basically says “you can’t sue Strava.com” if you happen to say, die or kill someone else while you are trying to beat your best time. Interesting language, no?

Mobile Sports Report TechWatch: Tablet Sales Forecast Upgraded for Faster Growth

Judge reverses course in Apple/Motorola Patent battle
Just a week after saying that he planned to dismissed the case Judge Richard Posner has ordered an injunction hearing in one of the patent lawsuits that Apple has against Motorola Mobility. The hearing is scheduled for this Wednesday and will enable both sides to argue why he should issue an order barring the other from using their respective patents.

IDC predicts strong tablet demand-Apple to benefit
Market research company IDC has said that it expects that demand for tablets will increase over the second half of this year and has upgraded its forecast from 106.1 million units sold worldwide to 107.4 million, eweek reported.

For 2013 IDC predicted that 142.8 million will be sold, up from its previous forecast of 137.4 and by 2016 it expects that 221.6 million will be sold. Apple’s iPad is expected to own 62.5% of the market this year, up from 58.2% last year. Android is expected to drop from last years’ 38.7% to 36.5% this year.

Facebook points finger at NASDAQ
After the calamitous IPO day and the resulting rash of lawsuits by traders that had issues with buying and selling at the opening of the market, Facebook has responded to the suits by seeking to consolidate them into a single case and by placing the blame on NASDAQ, Mashable reports.

The 30 minute delay in trading due to a software glitch at the opening of the market has been the source of much talk, and legal action. Facebook has requested that six class action lawsuits be combined and heard in the Southern District of New York to streamline proceedings. In addition it said that the 30 minute delay was due entirely to a flaw in the software used by NASDAQ.

US teams with private partners to build ultrafast broadband network
A new public/private effort that will combine corporation, higher education, non-profits and the US government is seeking to develop very high speed broadband networks that will be situated in a number of communities around the country.

The goal of the program, which is called US Ignite, is to enable developer to have a test bed to create new technologies and applications for use in these newer, faster networks that can achieve speeds of 1 gigabit per second.

The program combines the White House Office of Science and Technology Policy, the National Science Foundation, and the GENI Program Office, seeks to roll out the networks in 35 cities within the next six years.

YouTube-Your next cable channel?
We have already reported that YouTube is seeking to create a range of premium video channels, including some sports focused ones, and now it looks as if the site is seeking to expand further into the entertainment business.

The company said last week that it is investigating the possibility of working with cable companies and charging for content that the providers might be seeking to broadcast via other methods in an effort to grow their viewership. YouTube noted that noting is finalized at this time.

Apple patent hints at future iPhone features.
A patent that has been filed by Apple, as noted by PCMag and others shows a smartphone that has a swappable camera lens. The phone would have a replaceable back panel that could be swapped out for one with a different lens allowing for increased options for photographers.

Ebook sales roar past hardcover
Net sales for ebooks has surpassed that of traditionally printed books for the first time, according to a report released by the Association of American Publishers and noted in Mashable. The report covered the first quarter of this year and excluded children’s books.

Ebooks accounted for $282.3 million in that time frame while hardcover books reached a total of $229.6 million. More notably was that ebook sales increased 28.4% over the same period last year while hard cover increased only 2.7%.

Sony gets Ice Cream Sandwich for its Tablet P
Sony has finally upgraded its clamshell Sony Tablet P platform, a device that features a screen that can be used as a single or dual screen display. The software upgrade to the latest available for Android devices has been expected for some time.

ARM preps low cost tablet chip
While Android tablets sales have not met with expectations and continue to lose share to Apple’s iPad, chip developer ARM is preparing a new front in the battle with the development of its Mali platform that is expected to enable the development of lower cost tablets.

ARM does not sell its chips directly to tablet OEMs but rather to developers’ such as Broadcom and others that then create the final processors that go into the tablets, as well as a range of other products including smartphones.

According to Computerworld the Mali-450 family will include the ability to develop eight cores and have double the processing power of the Mali-400 line. The dirt products using the technology are expected in the first half of 2013.

Mobile Sports Report TechWatch: Tablets and Tradeshows

With the growth of apps that can read and transmit data files such as contact lists improved security is becoming increasingly important. A new security app has come on the scene from mobile security developer SentrySP that seeks to prevent your smartphone from giving away your personal information.

The company’s SentrySp InSight app tracks all operational transmissions from a smartphone it is installed on and looks for transmissions that have the characteristics of an unauthorized transmission, and when it finds one it alerts the owner.

Steve Jobs to speak at trial

Quotes from the late Steve Jobs that were given to biographer Walter Isaacson will be allowed in a patent trial between Apple and Motorola, Chicago Federal Judge Richard Posner has ruled. The book had some pretty strong quotes about the lawsuit and it will be interesting to see how they are used in the trial.

A good look at Facebook’s rise
While the continued poor performance of Facebook’s stock is a source of a steady stream of articles and OP-ED pieces, Nielsen’s takes a different path and has a nice piece on the rise of the social media giant and how far and strong its reach is today.

Among the tidbits in the article are some very interesting facts. It passed Myspace as top social network site in January 2009 and by March 20012 it had 152 million unique U.S. visitors representing two out of three Americans that were online during that time.

Apple wins standards battle
It looks like Apple will emerge victorious in setting the requirements for the next generation SIM that is called the nano-SIM. The new standard is expected to be 40% smaller than the current SIM card design that is popular in mobile devices such as digital cameras and smartphones.

Apple beat rivals Nokia, Research in Motion and Motorola Mobility which had submitted a rival standard to the European Telecommunications Standards Institute (ETSI) to get the standard approved. Officially called fourth form factor (4FF) it will be backwardly compatible with existing SIM card designs.

Judge rules Java API’s not copyrightable
In what could be one of the last gasps of the Oracle vs Google battle over Java patents and copyrights; the judge overseeing the case, William Alsup, has thrown out Oracle’s claim that the Java APIs that were used in Android by Google were copyrightable.

Application program interfaces are what allow one piece of code or software to talk to another and this portion of the ruling has been of great concern to the software industry because it has been widely assumed that these were available to all. Oracle has said that it will appeal this decision which concerned 37 APIs.

Big month for conferences
Expect an interesting parade of news this week from the variety of major trade shows and conferences occurring around the globe in the next two weeks. In Taipei there will be the Computex show that is expected to provide a first look at some of the Windows 8 tablets from a variety of hardware developers.

Apple will see Tim Cook take center stage for the first time as Apple’s CEO at its World Wide Developer Conference that will be held in San Francisco from June 11-15. New iPhones or iPads in the wings? Last but not least there is the E3 show down in Los Angeles where the gaming industry will be rolling out some of the next generation offerings and updates on current ones.

Twitter to see $1 billion in ad revenue by 2014?
A report from Bloomberg News claims that Twitter expects to generate an estimated $1 billion in ad revenue by 2014, based on inside information from two sources. The article noted that this would mean that the site would have to grow at double the rate that many market analysts have predicted.

Reports from Pew and others have shown that Twitter has seen steady growth in the last year but nothing like this. The technology has an estimated 140 million users and earned $139.5 million last year.

Appsplit focuses on apps
We have written a good deal about crowd funding and Kickstarter in particular as a way that new products and ideas can get funding and a boost into the market, and idea of this type of funding is increasingly popular as new sites have arisen to play in the market.

One new one, at least to us, is AppSplit, which focuses just on apps. It has a front page that is similar to its rivals, showing a few efforts to get funding, where they stand and how many days left. There are seven platforms that a potential investor can browse; iOS, Mac, Web, Android, Windows and Windows Phone.

Ice Cream Sandwich not hot with Android crowd
A site called Android Developers is reporting that adoption of the Android 4.0 operating system, code named Ice Cream Sandwich, has been very slow among developers. Seven plus months after its release the platform has a paltry 7.1% market share.