TidBITS#1077/16-May-2011
========================
  Issue link: <http://tidbits.com/issue/1077>


  The big news last week was Microsoft’s $8.5 billion acquisition of
  Skype, which we can only hope will result in a better interface for
  the Mac version of the Internet telephony program. In other news, the
  online password service LastPass acknowledged what might have been a
  security breach, and a number of small iOS developers were threatened
  with patent infringement letters from a company called Lodsys. Adam
  has all the details. Plus, we’re pleased to announce both a new
  TidBITS sponsor — Dolly Drive — and the release of our latest book,
  “Take Control of Scrivener 2,” which covers Literature & Latte’s
  award-winning tool for writers. Notable software releases this week
  include Sandvox 2.0, iPhoto 9.1.3, Corel Painter 12, Mactracker 6.0.1,
  Snapz Pro X 2.3.0, and Acorn 3.0.1.

Articles
    Microsoft to Buy Skype for $8.5 Billion
    New Take Control Book Explains Scrivener 2
    Dolly Drive Sponsoring TidBITS
    LastPass Acknowledges Possible Security Breach
    Solve Mac Startup Problems by Reseating RAM
    Small iOS Developers Targeted over In-App Purchase Patents
    TidBITS Watchlist: Notable Software Updates for 16 May 2011
    ExtraBITS for 16 May 2011


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Microsoft to Buy Skype for $8.5 Billion
---------------------------------------
  by Adam C. Engst <ace@tidbits.com>
  article link: <http://tidbits.com/article/12165>
  7 comments

  In a deal cemented after Microsoft designers spoke highly of the new 
  interface for Skype 5 on the Mac to CEO Steve Ballmer (kidding!), 
  Microsoft has agreed to buy Internet telephony company Skype for 
  $8.5 billion in cash. The acquisition is the largest ever for 
  Microsoft, which paid about $6 billion for aQuantive in 2007 but had 
  roughly $50 billion deals for SAP (in 2004) and Yahoo (in 2008) fall 
  through.

<http://www.microsoft.com/Presspass/press/2011/may11/05-10CorpNewsPR.mspx>

  Skype has had a bit of a checkered past. Launched in 2003, Skype was 
  purchased by eBay for $2.6 billion in 2005, with the thought that 
  buyers and sellers would somehow use Skype to communicate about 
  auctions. That was craziness — the whole point of eBay is that you 
  don’t have to talk with the other party — and eBay sold a 70 
  percent stake in Skype to a group of investors in 2009. Skype was 
  considering going public in 2010, but put its IPO plans on hold 
  after hiring a new CEO. The public offering was expected to raise 
  about $1 billion, but with acquisition interest from Facebook, 
  Google, and Cisco, among others, Skype’s management thought they 
  could get $5 to $6 billion instead. 

  The $8.5 billion from Microsoft is thus a windfall, especially 
  considering that Skype has generated little in the way of net profit 
  over the years, posting a $7 million loss last year. Most of 
  Skype’s revenue has come from those who pay for long distance 
  phone calls to telephone numbers, since Skype-to-Skype calls are 
  free. Nevertheless, Skype boasts about 170 million users every 
  month, and Skype users made 2 billion minutes of voice and video 
  calls in 2010.

  Microsoft plans to integrate Skype into devices like the Xbox and 
  Kinect, into Windows Phone running on a wide variety of devices, and 
  into various other Microsoft products and initiatives. Although 
  it’s understandable to wonder about the future of the Mac and iOS 
  Skype clients (among many others), Microsoft says it will continue 
  to invest in and support Skype clients for non-Microsoft platforms. 
  If Microsoft really loves us, they’ll throw out the Skype 5 
  interface as an initial gesture of goodwill.

  The acquisition makes sense from many perspectives, since Skype had 
  never figured out a sustainable business model, and Skype’s 
  primary asset — its best-of-class technology for voice and video 
  calls — fits well into the technology portfolio of a large company 
  that can utilize it in numerous products and services. The deal 
  could cause problems for Microsoft in its dealings with cellular 
  carriers, who consider voice-over-IP a threat to their core 
  business.

  Although this trend has been going on for some time, the acquisition 
  shows how large technology firms see real-time voice and video 
  communication as a key part of an overall technology platform. Apple 
  has iChat (potentially on the way out, perhaps because of the 
  reliance on AIM) and now FaceTime, Google has Google Talk, and now 
  Microsoft has Skype.

<http://www.apple.com/macosx/what-is-macosx/ichat.html>
<http://www.apple.com/mac/facetime/>
<http://www.google.com/talk/>

  For a nice graphical summary of Skype’s history and of the impact 
  of the acquisition, see Muhammad Saleem’s infographic: “Skype: 
  From Conception to Acquisition.”

<http://www.focus.com/images/view/58070/>


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New Take Control Book Explains Scrivener 2
------------------------------------------
  by Michael E. Cohen <lymond@mac.com>
  article link: <http://tidbits.com/article/12168>
  2 comments

  Word processors have been around for a long time (heck, I even 
  helped design one back in my misspent youth), and most are aimed 
  either at that shadowy, ill-defined person, the “general user” 
  (who apparently likes to create party invitations and lost-pet 
  flyers) or at that person’s equally nebulous cousin, the 
  “business user” (who was historically motivated by the muse of 
  memos). Not so with Literature & Latte’s award-winning Scrivener. 
  Variously described as a “content-generation tool” or a 
  “writer’s studio,” Scrivener is designed by writers for 
  writers.

<http://literatureandlatte.com/scrivener.php>

  Now this powerful tool for the pixel-stained wretches among us who 
  struggle to set down our daily words has a friendly and informative 
  guidebook: the $10 “Take Control of Scrivener 2,” by Kirk 
  McElhearn. In the 105-page ebook, Kirk addresses the process of 
  conceiving and constructing a long-form writing project — a novel, 
  dissertation, screenplay, or non-fiction book — and the ways in 
  which Scrivener supports and facilitates that process.

<http://www.takecontrolbooks.com/scrivener-2?pt=TB1077>

  In “Take Control of Scrivener 2,” Kirk describes how to set up a 
  writing project using one of Scrivener’s project templates. He 
  shows how the program’s Research folder can accommodate all the 
  notes, text clippings, pictures, Web pages, PDFs, and other 
  materials that support almost every book. He explains how these 
  materials can be retrieved, filtered, viewed, and used as the writer 
  proceeds. He explores Scrivener’s built-in planning tools, 
  including the flexible Corkboard and the Outliner, as well as the 
  character and setting folders and files that writers can create, 
  arrange, and consult as they work. He describes how all of these 
  materials that writers both assemble and create can be moved around, 
  reviewed, and revised in Scrivener’s Binder, the structure that 
  holds the whole writing project together.

  And, of course, Kirk demonstrates the features of Scrivener that 
  contribute to an efficient and effective writing experience: the 
  full-screen view, the typewriter mode, the split-editor view, and 
  the useful Scrivenings view with which a writer can view and edit 
  disparate parts of a long, complex work in a single flowing text. He 
  explains how writers can create daily production targets by 
  character, word, or page, and he shows how they can experiment with 
  radical revisions and then roll back to a saved snapshot, or compare 
  two or more versions of a draft. He includes a guide to compiling 
  all the pieces of the work into a final document in any of a number 
  of popular file formats, including Word’s document format, PDF, 
  HTML, and even EPUB and Mobipocket ebook formats.

  Sprinkled throughout the book are testimonials from published 
  authors who have embraced Scrivener, including David Hewson, James 
  Fallows, Jason Snell, Jeff Abbott, and Michael Marshall Smith.

<http://www.davidhewson.com/>
<http://www.theatlantic.com/james-fallows/>
<http://en.wikipedia.org/wiki/Jason_Snell>
<http://jeffabbott.com/>
<http://www.michaelmarshallsmith.com/>

  Anyone who has ever undertaken a novel or other book-length project 
  knows how hard it is to pull it all together, especially when 
  wrestling with software designed for writing memos, not memoirs. 
  Scrivener, however, has been designed to assist and not impede the 
  writer’s journey. With Scrivener on board, and with “Take 
  Control of Scrivener 2” in hand, any author, whether aspiring or 
  already acclaimed, will be well-equipped for the next creative 
  voyage. 


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Dolly Drive Sponsoring TidBITS
------------------------------
  by Adam C. Engst <ace@tidbits.com>
  article link: <http://tidbits.com/article/12181>

  We’re pleased to welcome as our latest TidBITS sponsor Cirrus 
  Thinking, creators of the Dolly Drive software and service that 
  brings online backups to Apple’s Time Machine. First launched at 
  Macworld 2011, where Dolly Drive garnered the Best Software and Best 
  of Show awards from MacLife, Dolly Drive’s goal is to extend Time 
  Machine in ways that eliminate some of Time Machine’s limitations. 
  (And yes, Dolly Drive is named after the sheep Dolly, the first 
  mammal to be cloned.)

<http://www.dollydrive.com/>

  Most notably, Time Machine by default offers only local backups, but 
  as became painfully clear during the recent earthquake and tsunami 
  that devastated portions of eastern Japan, offsite backups are an 
  essential part of any backup strategy. With Dolly Drive, your Time 
  Machine backups are sent to Dolly Drive’s datacenters around the 
  United States and Europe. Plus, you can use Dolly Drive’s 
  Inclusions Assistant to select just what you want to back up, which 
  is more precise than the way Time Machine lets you exclude folders 
  and disks. Also lacking in Time Machine is any way to create a 
  bootable clone; Dolly Drive enables you to make a bootable clone to 
  a local hard disk so you can start working again quickly should your 
  Mac’s hard drive fail.

<http://tidbits.com/resources/2011-05/Dolly-Drive.png>

  Dolly Drive’s backup plans start at $5 per month for 50 GB of 
  storage and go up to $55 per month for 2 TB of storage. With all 
  plans, Dolly Drive rewards subscribers with an extra 5 GB every 
  month, so your storage space automatically increases as your hard 
  disk fills up. The 2 TB plan is brand new, and for those who can’t 
  imagine uploading so much data, Dolly Drive is also starting the 
  Dolly Seed program, in which they send you a hard disk that you use 
  to create an initial Time Machine backup, after which you return it 
  to them and continue backing up via your Internet connection.

<https://get.dollydrive.com/purchase>

  As with all cloud-based services, security is important, and to that 
  end, Dolly Drive authenticates all local sessions, encrypts all 
  data, transmits all the encrypted data through a secure tunnel, and 
  encapsulates your data within virtual storage technology that 
  requires your direct authorization for access.

<http://www.dollydrive.com/secure/>

  I’ve been playing with Dolly Drive for a bit now, and for the most 
  part, it’s working just like Time Machine, albeit more slowly due 
  to having to send and receive data across my Internet connection 
  rather than a local hard disk. See Dolly Drive’s Getting Started 
  page for a step-by-step tour of how it works. 

<http://www.dollydrive.com/learn_more/getting-started/>

  It’s nice to see Dolly Drive extending Time Machine, and the 
  programmers at Dolly Drive have lots of other ideas for 
  enhancements, ranging from supporting local and online destinations 
  simultaneously to scheduling clone updates.

  Thanks to Dolly Drive for their support of TidBITS and the Mac 
  community! 


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LastPass Acknowledges Possible Security Breach
----------------------------------------------
  by Adam C. Engst <ace@tidbits.com>
  article link: <http://tidbits.com/article/12177>

  LastPass, the Web-based password storage service I wrote about late 
  last year (see “LastPass Acquires Xmarks,” 13 December 2010), 
  has announced that they recently discovered suspicious network 
  activity on their internal network, and upon investigation, 
  determined that it was possible that a limited amount of data may 
  have been accessed. The company locked down all accounts to prevent 
  access from unknown locations, announced their findings on their 
  blog, and spoke with the media. 

<https://lastpass.com/>
<http://tidbits.com/article/11827>
<http://blog.lastpass.com/>

  Further analysis failed to provide any direct evidence that customer 
  data was accessed, but in the worst case scenario, LastPass has said 
  that only LastPass login account credentials — your email address, 
  master password, and master password hint — may have been leaked, 
  and even then, only in encrypted form. Other data associated with 
  user accounts, such as site usernames and passwords, form fill data, 
  billing information, etc. was not taken. For a full Q&A about the 
  incident, see the LastPass Status page.

<https://lastpass.com/status.php>

  The practical upshot for LastPass users is that if your master 
  password is a strong one — avoiding dictionary words, including 
  numbers and punctuation, and sufficiently long to withstand a brute 
  force attack — you have nothing to worry about. But it probably 
  doesn’t hurt to change it anyway, and to make sure that it’s not 
  shared with other sites. Either way, if you attempt to log in from 
  another location (or if someone posing as you does), LastPass 
  requires you to validate your email address until you change your 
  master password or confirm that you’re comfortable with it. That 
  should prevent any access to your account, even if passwords were 
  compromised.

  The mere fact that this breach happened gives credence to the 
  concern about storing password or other confidential information 
  online; although LastPass’s security is probably a lot better than 
  that of most companies and individuals, they’re an obvious target 
  for direct attack. It’s unlikely criminals would attack an 
  individual specifically, but would instead rely on malware and 
  social engineering (see “Beware Fake MACDefender Antivirus 
  Software ,” 2 May 2011). So storing passwords within 1Password on 
  your Mac is likely safer, and sharing them among multiple devices 
  via Dropbox isn’t unreasonable, since even if Dropbox security 
  were breached, 1Password’s password file would still be encrypted.

<http://tidbits.com/article/12149>
<http://agilebits.com/onepassword>
<http://www.dropbox.com/>

  Nonetheless, LastPass appears to have handled the situation about as 
  well as possible, and far better than some other recent security 
  breaches, such as the one that hit the Sony PlayStation Network. 
  That’s a good sign, and an indication of how seriously they take 
  security. 

<http://en.wikipedia.org/wiki/PlayStation_Network_outage>

  In the end, only you can decide if the convenience of LastPass’s 
  automatic login capabilities and machine independence are worth the 
  additional risk of storing your passwords online with a third party. 
  It may be that LastPass is worthwhile, for instance, but only for 
  sites where you’re required to log in purely as a way of 
  identifying yourself, and where there’s no sensitive information 
  stored. 


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Solve Mac Startup Problems by Reseating RAM
-------------------------------------------
  by Adam C. Engst <ace@tidbits.com>
  article link: <http://tidbits.com/article/12169>
  2 comments

  In the normal course of affairs, my Mac Pro sleeps automatically at 
  night, and I wake it up to work in the morning. Sleep, wake, sleep, 
  wake — it’s a routine. So you can imagine my surprise the other 
  day when I touched the keyboard to wake it up, only to be ignored. I 
  mean, it’s one thing when I go in to wake Tristan up and he 
  pretends to be fast asleep or is merely being a groggy pre-teen, but 
  he always makes it out of bed eventually. 

  This time the Mac Pro simply wasn’t rousing itself from its 
  electronic somnolence, even though I could hear its fan running. I 
  figured it had somehow crashed, so I pressed the power button for a 
  few seconds and it shut off. Pressed the power button again, and its 
  fans started, but nothing more happened. No startup sound, no 
  monitor activity. Actually, that wasn’t quite true. Instead of 
  providing steady illumination, the power LED was flashing, something 
  I’d never seen before.

  A quick Google search via my MacBook on “Mac Pro power LED 
  flashing” turned up a number of threads in various discussion 
  forums, all suggesting that the RAM needed to be reseated. One of 
  the discussions pointed at an Apple support article that gave a 
  little more detail about the Power On Self Test (POST) codes that 
  the Mac communicates via a combination of tones and blinking lights. 
  It agreed that the first thing to try was reseating the RAM, and if 
  that failed, to try replacing the RAM.

<http://www.google.com/search?q=Mac+Pro+power+LED+flashing>
<http://support.apple.com/kb/HT2341>

  With my Mac Pro (Early 2008), RAM is installed in pairs of DIMMs on 
  a pair of memory cards in a rather complex pattern. Since I have 10 
  GB of RAM, in the form of two 1 GB DIMMs and four 2 GB DIMMs, there 
  are six DIMMs in play. Initially, I simply popped the memory cards 
  out and slid them back in. No improvement. Next I took out both 
  memory cards and ejected each DIMM, looked at it, and pushed it back 
  into place. Again, when I reassembled the Mac, it wouldn’t start. 
  (By unplugging the power cord on the Mac Pro for more than 15 
  seconds, I also reset the System Management Controller (SMC), which 
  is also a good thing to do. But it made no difference, and I 
  couldn’t zap the PRAM because the Mac wouldn’t boot at all.)

<http://support.apple.com/kb/HT4433>
<http://support.apple.com/kb/ht3964>

  I was starting to get worried, but I had to go off to an 
  appointment, so I left the Mac turned off, figuring that would also 
  eliminate heat from the equation. When I returned, a quick test 
  showed that heat wasn’t related, since the Mac still wouldn’t 
  boot. I was starting to become concerned that a DIMM had gone bad, 
  which was going to be an annoyance even if OWC was good about 
  replacing it, as I expected they would be. The whole situation 
  seemed odd, since the memory has been in this Mac Pro without being 
  touched for over two years (and bad memory usually shows itself 
  immediately). But reseating seemed unlikely as well, since the Mac 
  Pro itself hadn’t been exposed to vibration or even opened in 
  months, since I’d installed an SSD at the end of 2010.

  Next I resigned myself to figuring out which DIMM was bad, to which 
  end I pulled pairs of DIMMs until the Mac booted — I gave a major 
  sigh of relief when I heard the familiar tone! — and then I 
  started swapping individual DIMMs until I thought I had isolated the 
  troublesome DIMM. But then I did something that’s always 
  worthwhile when troubleshooting — I attempted to confirm that the 
  problematic DIMM was indeed bad by installing it in a different 
  configuration (in this case, on the other memory card). And you know 
  what? It worked! I’d spent enough time fussing, so I closed up the 
  Mac Pro and went back to work.

  Nonetheless, I was worried that maybe the error was intermittent, so 
  the next weekend, I rebooted the Mac with as little as possible 
  running and then used the free Rember utility (which is itself a 
  front end to the Memtest OSX command-line utility) to run memory 
  tests on all the available free memory for 48 hours. The memory 
  passed with flying colors, eliminating any concern about it. It’s 
  still conceivable that a particular slot on one of the Mac Pro’s 
  memory cards is bad, and several people on Twitter suggested using a 
  contact cleaner on the DIMMs if the POST failed again. But with over 
  a week with no trouble, I assumed that my reseating efforts solved 
  the problem.

<http://kelleycomputing.net/rember/>
<http://www.memtestosx.org/>

  Celebration turned out to be premature, and a few days after I 
  initially published this article, my Mac Pro again showed the 
  flashing power LED instead of waking up. This time I quickly 
  isolated the DIMM that was causing the problem, but to get it to 
  work, I had to clean its contacts with my DeoxIT D100P pen before 
  reinstalling it on the Mac Pro’s memory card. I did the same with 
  the other DIMMs, and the Mac has been running fine for a few days.

<http://store.caig.com/s.nl/it.A/id.1607/.f?sc=2>

  The moral of the story is twofold. First, if your Mac’s power 
  light is flashing, reseating the RAM is the likely fix. And second, 
  properly reseating the memory may require a little more effort than 
  simply removing and reinstalling the DIMMs or other memory modules. 


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Small iOS Developers Targeted over In-App Purchase Patents
----------------------------------------------------------
  by Adam C. Engst <ace@tidbits.com>
  article link: <http://tidbits.com/article/12174>
  8 comments

  [Update: On 15 May 2011, Lodsys posted quite a bit of information on 
  the company blog, addressing a number of the previously unknown 
  aspects of the situation. Rather than attempt to weave them into the 
  existing article, I’ve added more thoughts at the end. -Adam]

  James Thomson of TLA Systems was looking forward to the approval of 
  PCalc 2.4 in the App Store when he received a FedEx package 
  containing a 100-page patent infringement claim against the free 
  PCalc Lite for using in-app purchasing. Talk about how to have a 
  delivery ruin your day! Thomson wasn’t alone. Other iOS 
  developers, including Patrick McCarron of mobileAge and some larger 
  firms, also received similar patent infringement claims.

<http://www.tla-systems.co.uk/>
<http://itunes.apple.com/us/app/pcalc-rpn-calculator/id284666222?mt=8>
<http://itunes.apple.com/us/app/pcalc-lite-calculator/id300311831?mt=8>
<http://mobileage.com/products/>

  Neither Thomson nor McCarron would initially share the name of the 
  company threatening the patent infringement lawsuit on the record, 
  and both forwarded the legal documents they received on to Apple. 
  Macworld confirmed, however, that the company in question is called 
  Lodsys and owns four patents “directed to systems and methods for 
  providers of products and/or services to interact with users of 
  those products and services to gather information from those users 
  and transmit that information to the provider.” Language only a 
  patent lawyer could love.

<http://www.macworld.com/article/159868/2011/05/ios_developers_threats_legal_action_in_app_purchasing.html>
<http://www.lodsys.com/>
<http://www.lodsys.com/our-patents.html>

  Although details are still becoming known, the problem should be 
  entirely Apple’s for reasons that we will see.

  Use of in-app purchasing is governed by the iOS Developer Program 
  License Agreement, which makes it clear that the In App Purchase API 
  is Apple’s intellectual property, and which is then licensed to 
  iOS developers.

  It can be interesting to follow the legal connections. First, Apple 
  states the purpose of the iOS Developer Program License Agreement, 
  which declares Apple’s ownership of the Apple Software.
      
      You would like to use the Apple Software (as defined below) 
      to develop one or more Applications (as defined below) for 
      Apple-branded products running the iOS. Apple is willing to 
      grant You a limited license to use the Apple Software to 
      develop and test Your Applications on the terms and conditions 
      set forth in this Agreement.

  Next, Apple defines what is meant by Apple Software, including the 
  Software Development Kit that developers use to write iOS apps.
      
      “Apple Software” collectively means: (a) the SDK, (b) 
      the iOS, and (c) the Provisioning Profiles, and includes any 
      Updates to any of the foregoing that may be provided to You by 
      Apple.

  But what’s in the SDK? That’s defined as well — the key term 
  here is APIs, or the application programming interfaces that 
  developers rely on to make certain things happen in their apps.
      
      “SDK” (Software Development Kit) means the 
      Documentation, software (source code and object code), 
      applications, sample code, simulator, tools, libraries, APIs, 
      data, files, and materials provided by Apple for use by You in 
      connection with Your Application development, and includes any 
      Updates that may be provided by Apple to You pursuant to this 
      Agreement.

  Here Apple gets more specific, drawing a distinction between 
  Documented APIs and presumably other APIs that Apple has not 
  documented (and that developers should not use).
      
      “Documented API(s)” means the Application Programming 
      Interface(s) documented by Apple in published Apple 
      Documentation and which are contained in the Apple Software.

  Then we get to the heart of the matter, the definition of the In App 
  Purchase API.
      
      “In App Purchase API” means the Documented API that 
      enables additional content, functionality or services to be 
      purchased and delivered or made available for use within an 
      Application.

  Finally, Apple asserts ownership of the Apple Software, including 
  the In App Purchase API, and requires developers to notify Apple of 
  any claims against Apple’s intellectual property.
      
      Apple retains all rights, title, and interest in and to the 
      Apple Software and any Updates it may make available to You 
      under this Agreement. You agree to cooperate with Apple to 
      maintain Apple’s ownership of the Apple Software, and, to 
      the extent that You become aware of any claims relating to the 
      Apple Software, You agree to use reasonable efforts to 
      promptly provide notice of any such claims to Apple.

  That’s what Thomson and McCarron have done, and in fact, that’s 
  all they’re allowed to do. Although Apple requires that developers 
  be responsible for:
      
      (iii) claims that any of the Licensed Applications and/or 
      the end-user’s possession or use of those Licensed 
      Applications infringes the copyright or other intellectual 
      property rights of any third party.

  and an indemnification clause protects Apple from developers 
  breaching the agreement for a variety of reasons, including: 
      
      (ii) any claims that Your Application or the distribution, 
      sale, offer for sale, use or importation of Your Application 
      (whether alone or as an essential part of a combination), 
      Licensed Application Information or metadata, violate or 
      infringe any third party intellectual property or proprietary 
      rights;

  those requirements are immediately qualified by this statement:
      
      In no event may You enter into any settlement or like 
      agreement with a third party that affects Apple’s rights or 
      binds Apple in any way, without the prior written consent of 
      Apple.

  So what it comes down to is that Thomson, McCarron, and other iOS 
  developers are being threatened by Lodsys for using Apple 
  intellectual property under license from Apple, in such a fashion 
  that they may not even be able to settle without violating the iOS 
  Developer Program License Agreement. They can’t legally agree that 
  Apple’s In App Purchase API violates Lodsys’s patents, and no 
  matter what, there’s no way Apple would give permission for such a 
  settlement due to the chilling effect it would have on iOS 
  development in general.

  It’s unclear why Lodsys has chosen this approach — their lawyers 
  have undoubtedly read the iOS Developer Program License Agreement 
  and know that the iOS developers can’t settle. And they’ve 
  chosen such small targets that there’s no way they could even 
  cover their legal fees with what they could squeeze out. The only 
  strategy that makes sense is that by targeting small developers, 
  they put additional pressure on Apple to settle quickly.

  Without knowing a lot more about the situation, it’s impossible to 
  know if Apple is indeed on solid legal footing with in-app 
  purchasing, or if Lodysys’s infringed patents are legitimate and 
  Apple figured it would be cheaper to pay for forgiveness later than 
  to ask for permission ahead of time.

  Apple has yet to respond to our request for comment. But…


**Late-Breaking Information** -- On 15 May 2011, Lodsys posted a 
  series of blog posts aimed at answering many of the questions raised 
  by the company’s efforts to enforce the patents it claims cover 
  Apple’s in-app purchase technology. Some of this information was 
  news even to the developers who had been initially targeted by 
  Lodsys.

  Lodsys claims that it is looking to license its patents to 
  individual developers who use in-app purchasing to upgrade the app 
  — presumably in contrast to those who use it for subscriptions, or 
  to add game levels, or something like that. Most interestingly, 
  Lodsys says that it’s not going after Apple because “Apple is 
  licensed for its nameplate products and services,” whatever that 
  means. 

  Plus, in a torturous comparison to the firms involved in building a 
  hotel, Lodsys claims that it makes sense for the businesses who 
  interact with eventual customers to pay for Lodsys’s patent 
  rights. That’s like saying a hotel owner should pay royalties 
  based on a patent for the hammers used in the construction of the 
  hotel, well after the hotel is open for business.

  It’s difficult to untangle such convoluted reasoning or to know 
  how to interpret statements about the claimed existing license from 
  Apple. Apple asserts ownership over the intellectual property 
  covered in the iOS Developer Program License Agreement as “Apple 
  Software,” and it’s customary, or at least advisable, to lay out 
  any legal encumbrances that would materially modify the terms of a 
  license agreement. Assuming that Apple was aware of Lodsys’s 
  patents at all, I can believe only that Apple thought their existing 
  license with Lodsys covered in-app purchasing for iOS developers, or 
  that they thought that Lodsys’s patent rights weren’t in fact 
  related. It simply makes no sense for Apple to have built in-app 
  purchasing with the knowledge that developers would have to pay an 
  extra percentage to some third party.

  One particularly interesting fact is that Lodsys has published the 
  licensing fee they’re hoping to extract from iOS developers using 
  in-app purchasing for upgrades: 0.575 percent of U.S. revenue. 
  That’s not a particularly large number; for a developer bringing 
  in $1 million in U.S. revenues, it would amount to $5750. That might 
  explain why some very small developers were targeted — for the 
  amount they’d pay, it’s not worth even talking to a lawyer, and 
  if they agree to the payment, Lodsys can use that fact when 
  targeting larger and thus more lucrative companies. And of course, 
  nothing prevents Lodsys from charging a higher rate as they go after 
  additional iOS developers.

  In the blog posts, Lodsys comes off as extremely defensive, playing 
  the victim after receiving negative press and hate mail, but it’s 
  hard to have any sympathy for a company that sweeps into an 
  established market and says, “Wow, look. You all owe us money.” 
  And that for merely using tools that any reasonable person would 
  have assumed were covered under the iOS Developer Program License 
  Agreement. Finally, while it’s possible that the patents Lodsys 
  bought are legitimate, it’s hard to argue that they in any way 
  contributed to innovation, given that they’re being applied 
  retroactively rather than being used to create an actual product or 
  service.

  Regardless of whether or not my reading of the iOS Developer Program 
  License Agreement is accurate, and notwithstanding the new 
  information posted by Lodsys, the next move needs to come from Apple 
  Legal, who are actively looking into the situation. 


  ----
  read/post comments: <http://tidbits.com/article/12174#comments>
  tweet this article: <http://tidbits.com/t/12174>


TidBITS Watchlist: Notable Software Updates for 16 May 2011
-----------------------------------------------------------
  by TidBITS Staff <editors@tidbits.com>
  article link: <http://tidbits.com/article/12180>

**Sandvox 2.0** -- Karelia Software has launched a major new version 
  of their Sandvox Web site creation software. Sandvox 2.0 adds more 
  than five dozen new features, including a new interface for quickly 
  choosing a basic site design; a more intuitive WYSIWYG interface; 
  plug-in support for Facebook and Twitter; and the capability for 
  power users to insert raw HTML, JavaScript, PHP, or other Web code 
  (Sandvox even checks inserted code for validity and for standards 
  compliance). Comment support is also now available via Disqus, 
  IntenseDebate, and Facebook Comments. Sandvox 2.0 sites are built to 
  support modern Web technologies like HTML 5, and offer rich 
  interaction through JavaScript libraries like jQuery. Karelia is 
  offering a $10 discount on new purchases and upgrades through 20 May 
  2011. ($77 new, $47 upgrade, free upgrades for purchases after 5 
  January 2011, 28.7 MB)

<http://www.karelia.com/sandvox/>

  Read/post comments about Sandvox 2.0.

<http://tidbits.com/article/12173#comments>


**iPhoto 9.1.3** -- Apple has released iPhoto 9.1.3. According to the 
  release notes, the update addresses only a single problem that could 
  cause some events merged in the company’s photo management 
  software to be split back out into individual events after syncing 
  to an iOS device. ($14.99 new, free update, 106.3 MB)

<http://support.apple.com/kb/DL1379>
<http://itunes.apple.com/us/app/iphoto/id408981381?mt=12>

  Read/post comments about iPhoto 9.1.3.

<http://tidbits.com/article/12172#comments>


**Corel Painter 12** -- Corel has released version 12 of Corel 
  Painter, one of the longest-running graphics applications for the 
  Mac. The new release comes with a number of enhancements, including 
  much-improved performance and a user interface that can be fully 
  customized to fit each user’s needs. The main new feature, 
  however, is Painter’s support for new realistic brushes, which, 
  according to the company, reproduce the “movement and feeling of 
  traditional art on canvas” when used with a graphics tablet. A 
  free 30-day trial version is also available. ($429 new, $229 
  upgrade, 297 MB)

<http://www.corel.com/servlet/Satellite/ca/en/Product/1166553885783#tabview=tab0>
<http://www.corel.com/servlet/Satellite/us/en/Content/1153321430604?pressId=1304719387742>
<http://www.corel.com/servlet/Satellite/us/en/Product/1208716842481#tabview=tab7>

  Read/post comments about Corel Painter 12.

<http://tidbits.com/article/12171#comments>


**Mactracker 6.0.1** -- Canadian developer Ian Page has released a 
  maintenance update to his popular Apple hardware reference app 
  Mactracker. Version 6.0.1 includes details for the white iPhone 4 
  (see “White iPhone 4 Finally Arrives,” 27 April 2011) and the 
  recently released iMacs (see “New iMac Gains Thunderbolt, FaceTime 
  HD, and Quad-Core CPUs,” 3 May 2011). In addition, the release 
  adds the capability to create personalized records of models you own 
  directly from their entries in the app’s database, the capability 
  to import lists created by Apple Remote Desktop, and several other 
  minor additions and fixes. (Free from Ian Page’s Web site or from 
  the Mac App Store, 27.7 MB)

<http://www.mactracker.ca/>
<http://www.mactracker.ca/releasenotes-mac.html>
<http://tidbits.com/article/12132>
<http://tidbits.com/article/12150>
<http://itunes.apple.com/app/mactracker/id430255202?mt=12>

  Read/post comments about Mactracker 6.0.1.

<http://tidbits.com/article/12170#comments>


**Snapz Pro X 2.3.0** -- Ambrosia Software has released version 2.3.0 
  of Snapz Pro X, its popular screen capture software that can both 
  take still screenshots and record video in Mac OS X. According to 
  email sent to the company’s announcement list, the update 
  introduces several enhancements, including support for additional 
  audio formats, better handling of multiple monitors, improved 
  robustness of video capture, Sparkle-based auto-updating, and 
  elimination of audio lag in lengthy recordings, along with numerous 
  other fixes. ($69 (image + movie) / $29 (image only) new, free 
  update, 8.5 MB)

<http://www.ambrosiasw.com/utilities/snapzprox/>

  Read/post comments about Snapz Pro X 2.3.0.

<http://tidbits.com/article/12167#comments>


**Acorn 3.0.1** -- Flying Meat Software has released version 3.0 of 
  Acorn, its increasingly powerful graphics editing app for Mac OS X. 
  The new release brings a smorgasbord of new features, including 
  layer styles, live gradients, instant alpha, a variety of new 
  filters, and compatibility with Photoshop’s PSD file format. The 
  3.0 release was followed in short order by a minor bump to Acorn 
  3.0.1, which comes with over thirty bug fixes and corrections. 
  ($49.99 new from Flying Meat’s online store or from the Mac App 
  Store, $19.99 upgrade, 14.8 MB)

<http://flyingmeat.com/acorn/>
<http://flyingmeat.com/acorn/releasenotes.html>
<https://secure.flyingmeat.com/store/>
<http://itunes.apple.com/ca/app/acorn-the-image-editor-for/id402280036?mt=12>

  Read/post comments about Acorn 3.0.1.

<http://tidbits.com/article/12166#comments>




ExtraBITS for 16 May 2011
-------------------------
  by TidBITS Staff <editors@tidbits.com>
  article link: <http://tidbits.com/article/12179>

  The beauty of the Web is that there are so many little facts that 
  might be nice to know, and someone else has already shared them. 
  That accounts for this week’s collection of links, noting 
  1Password’s creator’s name change, the appearance of the Library 
  of Congress’s National Jukebox, and the tweaky fact that you 
  can’t replace the new iMac’s main hard drive.


**1Password Maker Changes Name to AgileBits** -- The company behind 
  the popular 1Password utility has changed its name from Agile Web 
  Solutions (which didn’t really reflect what they did) to the 
  pithier and more accurate AgileBits. It’s not big news, but in a 
  day and age where there are all sorts of phishing scams and the 
  like, knowing the true identity of our tool makers is important.

<http://blog.agile.ws/2011/05/we-are-agilebits/>

  Read/post comments

<http://tidbits.com/article/12178#comments>


**Library of Congress National Jukebox Unveiled** -- The U.S. Library 
  of Congress has opened the National Jukebox, a Web site that offers 
  Flash-based streaming access to over 10,000 78 rpm discs issued by 
  the Victor Talking Machine Company between 1900 and 1925. (The discs 
  have been made available thanks to blanket permission from the 
  rights-holder, Sony Music.) Thousands more are slated to be added 
  soon. This is one of the great promises of the Internet, though 
  it’s worth noting that these recordings can’t be downloaded 
  because sound recordings published before 1972 are subject to state 
  and/or common law protection, not Federal copyright law, and thus 
  won’t fully enter the public domain until 2067.

<http://www.loc.gov/jukebox/>

  Read/post comments

<http://tidbits.com/article/12176#comments>


**New 2011 iMac Hard Drive Cannot Be Removed or Replaced** -- Other 
  World Computing has a new blog post explaining that the new 2011 
  iMacs now rely on a 7-wire SATA power connector and Apple 
  proprietary firmware on the main hard drive to monitor the drive’s 
  temperature. Remove or replace it, and the iMac’s fans run at full 
  speed all the time. Boo on Apple for preventing owners from 
  replacing the drive with one from any third-party vendor! Also be 
  sure to read Other World Computing’s followup post.

<http://blog.macsales.com/10146-apple-further-restricts-upgrade-options-on-new-imacs>
<http://blog.macsales.com/10206-further-explained-apples-imac-2011-model-hard-drive-restrictions>

  Read/post comments

<http://tidbits.com/article/12175#comments>




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