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My belated Father’s Day gift this year was a brand, spanking new iPhone 4 32mb!  So, now that I’ve been using it for about two weeks, I decided to share my thoughts and insights, particularly since I’ve previously blogged about my love/hate relationship with Apple and the predecessor phones.  I am a staunch Windows 7 user, and have my doubts about the seriousness of anyone who uses the Apple operating system!  Just kidding really.

Without a doubt, the first thing you notice about the new iPhone is the superior clarity of tiphone4mainbigfront he 960×640 screen. It’s brighter, fonts are clearer, pictures more vibrant and, overall, it’s simply much more impressive.  Don’t’ take my word for it, hold one up next to your old iPhone and you’ll see the difference instantly.  The 480×320 screen on the older phones appear almost muddy by comparison.  Apple doubled the pixels per inch, and it shows.  They also increased the contract ratio to 800:1.  In the end, the resolution upgrade alone is worth the price of admission!

The next design element I noticed was the shape.  The new iPhone 4 is very distinct from its predecessors in its very UN-zen-like feel, stepping toward a more “slate” type approach.  That can be either a good or bad choice, depending upon your perspective, and how much you liked the original Zen-like design.  I personally really liked the “Zen Stone” feel of the original, with it’s rounded back and corners.  My previous model was the white 3g (oh, sorry Apple, I probably shouldn’t mention the “white” right now huh?).  That said, the new shape and feel have grown on me and I actually like the new aesthetics, although it did take some adjustments in my holding style.  The new model is much starker, with metal edges, creating an almost industrial feel (the very same edges that give the iPhone 4 it’s trademark reception problems).  The phone is more slender than its predecessors as well, which gives the misleading appearance of a smaller screen.  It’s not – actually they are identical in size at 89 mm.  The edges also give the appearance that the 4 is thicker than its ancestory.  Again, it’s not.  It’s actually shaved thinner – 2 mm to be precise! 

Putting aside the incredible screen, the next real beauty of this new model is the software revisions.  Many of my faithful readers will recall my constant berating of Apple about the lack of multi-tasking, something the very first Palm Pilots could pull off with ease.  So, how many years and version upgrades have we been through?  Having poked at the giant enough, I will state unequivocally that Apple’s implementation of this mission critical component is very well done.  Two clicks on the home button and up pops a menu at the bottom showing all running applications and allowing you to move between them.  One can, for example, read a book and take notes, or time a runner and jot down the time.  I know, these seem like simple, ordinary tasks, but try that on an older iPhone!  One feature of multitasking that would be an improvement in future version, however, is the ability to shutdown all applications without having to individually close them.  After several hours of use, the multiple applications begin to pile up and exhaust valuable resources.  But, that caveat expressed, I am SO happy to have multi-tasking on my iPhone.  I was beginning to miss those days with my Palm.

Another one of my expressly desired features that did NOT appear on this new model is the week view in the calendar.  It might sound like a petty request, but in the business world, many people rely on the week view for advance planning and scheduling.  And please, don’t tell me about the “List” view – a more useless apparatus I have never witnessed – it is simply not a replacement for the week view!  Ironically, Apple HAS implemented the weekview feature on its enigmatic iPad.  I was so put out when I found this.  “So, why can’t I have it too?” I asked The “Genius” at the store.  She tells me it is planned for a future version, but I don’t know if I trust The Genius.  Apple’s sin is further amplified by the fact that because of its proprietary philosophy it will not allow third party software designers to access the code to their precious default programs, so no one can even design a work around!  Pocket Informant has a beautiful weekview in its application, but you are relegated to using Google Calendar, not the Apple default.  So, this complicates issues with Exchange servers and is not a good work around.  Ok, so enough of my bitching, let’s get back to the many things I LIKE about the 4!

Let’s talk folders!  Another sadly missing item was rectified by the new operating system by the addition of the foldering system.  Now, instead of 10 or so unorganized pages containing a hodge podge of programs, I have one main screen with my most utilized programs, and a page and one half of folders!  An organizational system in a Personal Information Manager, imagine that!  It’s truly great. 

There are, of course, many other wonder additions on the iPhone 4 – the 5 mp camera and front facing camera, video conferencing, gyroscope, etc. –  but these are my initial thoughts.

Over the next few months, I will be sharing some of my favorite applications on the iPhone with you, but suffice it to say that the new iPhone is working out quite nicely.  I highly recommend an upgrade if you’re considering it and/or are waivering.  There is a a good comparison at Wikipedia.

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Editors Note:  The following is a research paper from one of the students in my Entertainment Law & Licensing class I teach at Belmont University’s Curb School of Music.

tivo_logo_man-744939-790582 On July 30, 1998 Tivo Inc. registered a patent for their multimedia time warping system that allows a user to store selected television programs while simultaneously watching or reviewing another program. They patented their process for making this then phenomenon so as to protect their discovery and to become the exclusive financial beneficiaries of this technology. In 1999 it was announced by Dish Network that along with their affiliate Echostar would soon have the time shifting abilities that Tivo was spearheading. This was the warning sign of what would end up being years of court battles between Tivo and the Echostar-Dish Network team.

Tivo filed suit for patent infringement in January of 2004, once they realized that the patent they obtained was being violated, to seek financial retribution and an injunction against Echostar to halt the production of infringing DVR systems that they were producing. Tivo alleged that Echostar was infringing two software claims, “The process for the simultaneous storage and play back of multimedia data, and the apparatus as well” (Tivo v. Echostar, 2). In addition to the software claims, Tivo asserted that Echostar was violating their hardware patent as well.

The suit was first filed with the United States District Court for the Eastern District of Texas. The court found Echostar to be in violation of both claims by Tivo. The judge issued a permanent injunction against EchoStar ordering them:

(1) to stop making, using, offering to sell, and selling the receivers that had been found infringing by the jury and (2) to disable the DVR functionality in existing receivers, with the exception of select receivers that had already been placed with its subscribers”

(Tivo v. Echostar, 3). In addition, the court awarded Tivo $74 million in lost profits.

echostar-to-dish At that time, Echostar did not appeal the permanent injunction imposed by the court, but it also did not discontinue providing the DVR service. In response, Tivo requested that the district court hold Echostar in contempt. Echostar claimed that it redesigned its product so that it was not infringing any longer.

The district court evaluated EchoStar’s modifications to the infringing DVR software and concluded that the modifications were also infringing. The court concluded

Even if EchoStar had achieved a non-infringing design-around, EchoStar would still be in contempt because it had failed to comply with the disablement provision in the district court’s order requiring it to disable DVR technology completely from the receivers

(Tivo v. Echostar, 4-5).

Dish and EchoStar had argued that it was entitled to a trial to determine if its altered products infringe the patent. The company said it “paid 15 engineers to spend 8,000 hours on the redesign, which took a year” (Decker and McQuillen). Tivo argued against this point saying that the changes made to their DVR players do not make a “colorable” difference.

The court agreed with Tivo stating,

We have made it clear that a lack of intent alone cannot save an infringer from a finding of contempt”

( Tivo v. Echostar, 12).

Echostar claimed that the injunction was unclear, but Tivo claimed the opposite and the record of the court reflected the clarity of the injunction. Also important to note is that the DVR’s time warping software was the only aspect of the boxes required to be disabled; not all of the actual units and hardware, the DVR functionality is just one of many functions that the Echostar Broadcom and 50X receivers performed. Since Echostar never directly appealed the injunction it was judged as a lost cause for them and the court fined them nearly $90 million and amended the previous injunction requiring EchoStar to seek the court’s approval before implementing future DVR software.

The final decision by the Federal Court of Appeals was to uphold the decision made by the district court in a divided 2-1 decision. TiVo said it will be entitled to a total of about $300 million in damages and contempt sanctions through July 1, 2009, and it will seek additional cash for continued infringement after that date. That’s in addition to $100 million Dish paid TiVo after the original appeals court ruling (Decker and McQuillen). While it is a victory for Tivo, they only got a portion of the $1 billion they were seeking.

This case made a huge impact on the DVR industry as well as Tivo’s stock, which skyrocketed following the May 4th decision by the federal court. Tony Wible, an analyst with Janney Montgomery Scott LLC in Philadelphia, wrote in a note today. “The courts have ruled in TiVo’s favor numerous times over the past five years, which should help the company in the company’s litigation against AT&T, Verizon and Microsoft” (Decker and McQuillen).

It is a good that courts are protecting intellectual properties such as Tivo’s patent in this case, so as to discourage the stealing of ideas and encourage the promotion of innovative thinking. The court’s decision to find EchoStar in violation was a good decision, as Tivo should be the sole beneficiaries of their intellectual property, i.e., the patent.

To play devil’s advocate, however, such decision does stifle competition in the industry, namely, EchoStar was the only true competing DVR provider with any clout.  Generally speaking, it is not good to promote a monopolist environment in any industry. This is essentially the state of the DVR industry until Tivo’s patent expires in 2018.

This decision confirms the principal that the twenty years of exclusive ownership granted by patent law is a positive thing—without that right someone could easily profit off of another’s innovation and inventive nature.  It is reassuring to see that judges like those in this case are still interested in the protection of important intellectual discoveries such as Tivo’s time warping technology. It also also reinforces the fact that courts will enforce their injunctions against parties and do not take it lightly when a defendant tries to skirt the injunction or slyly work around it. EchoStar’s was penalized an extra $90 million because they tried to do things their own way and work around the court.

These proceedings took over five years, but Tivo still has many legal proceedings ahead of them, probably enough to last the entirety of their patent ownership and beyond! Nonetheless, the EchoStar decision is the most positive sign that Tivo could have received in the midst of the myriad of legal battles they are still facing. This case proves that if one want to protect valuable ideas and methods they had better be ready to fight tooth and nail in the court system for years on end—luckily the reward can be great.

Works Cited

Tivo v. Echostar. No. 2009-1374. U.S. Court of Appeals for the Federal Circuit. 4 March 2010.

Decker, Susan, and William McQuillen. "TiVo Wins Court Ruling Against Dish, EchoStar (Update4)." Businessweek.com. Ed. David E. Rovella. Bloomberg, 4 Mar. 2010. Web. 11 Apr. 2010.

gg Grant Guinane is a recent graduate of Belmont University.  He obtained a B.A. in Entertainment Industry Studies with a focus in writing and music, as well as a minor in marketing.  Originally from St. Joseph, Michigan, Grant came to Nashville to pursue music.  He currently lives in Detroit, Michigan.

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Once upon a time, there was a shinny new device called the iPhone that tried to climb up the mammoth hill that is the sole domain of the business smartphone.  “I think I can, I think I can,” said the iPhone, and it tried and it tried, but alas, it could only make it up about half way, and then it sputtered and. . . .   The end of this story cannot be written.

Obviously, you probably figured out by now that I have fallen victim to the allure driven by the site all of my business associates who were sporting shiny black and white, Zen-like devices which colorful icons.  Yes, I bought an iPhone.  And while this article may be a bit off topic for my music business oriented blog, anyone who knows me knows that I am a techie through and through and enjoy new gadgets and technologies more than most.  Many of my friends call me the guru for good reason.  So, here goes.

As a long time fan of Palm, you might wonder why I did not wait for the premier of the Palm Pre.  The simple reason is that Sprint service does not reach to my residential area.  That was also the reason that, in recent years, I migrated to Windows Mobile, which I grew to love almost as much as the Palm OS.  However, finally I was convinced to switch to the dark side and try it with Apple.

My relationship with my iPhone is what I describe as a “love hate” relationship.  Yes, there are many many things I really love about the iPhone.  I love the way it feels in your hand, almost like a smooth pebble plucked from a lake in the mountains of Japan.  As I said in the story above, very “Zen-like.”  After all, that is the Apple way isn’t it?

apple-iphone-keyboard At first I thought the soft keyboard would drive me crazy.  Surprisingly, I’m getting used to it and pretty efficient, although I still maintain that a hardware keyboard is much more efficient – something the Palm Pre does beautifully. 

For the most part, on the positive side, I really love the web browsing experience.  The websites that actually work (more on this later) come up beautifully and quickly.  And, as a tech person, I really like the fact that there are scores of programmers written countless applications for the iPhone.  For the most part, the marketing is true, “there is an app for that.”  That’s sort of where the “hate” part of the relationship begins, in that area between the “for the most part” and the remaining part of 100%!

Recently, Apple has been pushing the idea that the iPhone is the ideal phone for business.  There are several flaws with the iPhone which, until remedied, will prevent its widespread infiltration into the lockhold that BlackBerry, Palm and Windows Mobile have on that sector of the market. 

So, what I’d like to address in this article is not the scores of more obvious deficiencies that have already been pointed out in the blogs and articles – no native voice dial, lack of full support for Bluetooth, no memory expansion, no cut and paste, no MMS, etc. – but the less obvious and definitely serious deficiencies that relate more specifically to a business person’s daily use of a smartphone.

First and foremost, and this has certainly be recognized by others, is  the lack of support for Javascript and Flash plug-ins in the built-in Safari browser.  If your websites relies on either of these, and my www.musicattorney.biz does, then what the iPhone visitor will see is a blue Lego-style brick with a question mark in the middle.  See the illustration.  What the hell is javathat?  Unforgiveable.  There’s no other word for it.  And all simple because Apple doesn’t like to play nice with its competitors, particularly Adobe.

Secondly, and this has always been one of my major beefs with Apple, the proprietary, i.e. closed, operating system.  Apple’s SDK, as one developer put it, “has more restrictions than Guantanamo.”  Developers require a certain level of integration with the OS in order to develop business-class applications to work around the inherent deficiencies in the native software.  One perfect example of this is the calendar.  For some unknown reason, there is NO WEEK VIEW in the calendar.  No week view.  I don’t know about most business people, but for me, the week view is the go-to view.  Yes, I know, there is a “list” view – not the same thing.  To witness the difference for yourself, download the iPhone version of Pocket Informant and look at the week view.  Ah, problem solved you might think.  Just use the App.  Not so quick.  Pocket Informant only syncs with Google calendar.  Why, you ask?  That’s right, because Apple will not allow them to access the base-level calendar on the iPhone and therefore the information in the iPhone’s calendar CANNOT be displayed in beautiful week view of Pocket Informant.  Yes, the week view is a touchy subject for me.

phone While we’re on the subject of little annoyances, what’s up with dialing the damn iPhone?  There is no quick way to get to the dial pad.  Duh!@!!  It is, first and foremost, supposed to be a phone.  Give a quick way to access my dial pad.  When you press the pretty green telephone icon, you land on whatever button you happened to be on when you opened the program before, whether it be the voicemail or recent contacts.  You MIGHT get lucky and land on the dial pad.  But there’s a one in four shot that you have to press yet another icon to get to the dial pad to, dare I say it, actually make a phone call. 

Since we’re on the subject, looking up contacts is probably a breeze for someone with 25-50 contacts in their address book.  You swipe down the list and it flows beautifully.  I, like many other business people, have close to 2000 contacts in my database.  Not such a “weeeee” experience with the scrolling thing!  There is simply no good way, on the native applications, to search for a contact and quickly dial them.  Fortunately, in this instance, there is an app for that.

Now, getting back to the primary focus, the third annoyance that restricts the iPhone from being a major contender in the business market is the lack of multi-tasking.  That’s right, multi-tasking.  The Palm Pre recognizes and addresses this need beautifully, as does the Blackberry Storm.  With the iPhone, you must always return to the icon screen, which is, again, designed for the casual user.  The icon concept works great if you have only a few applications, but if you start to actually utilize the “there’s an app for that” concept, you quickly find that it’s difficult to find the app you’re look for.  YouIcons also will find, by the way, that you are limited to the number of applications you install on the iPhone – nine screens +4 only!  Apple has some smart programmers, why not throw in some “categories” or “tabs” or some intelligent organizational method!  No file or icon management whatsoever.  I don’t ask for much. 

While we’re on the wish list, why not allow me to have a “back” button, to return to my previous program.  But no, if I want to look up someone’s phone number or address to include in a calendar event, I have to hit the home key, thereby exiting the calendar, go find the contacts icon, press it, scroll through scores of contacts until I find the right one, then select that contact, memorize the information, exit the contacts program, find the calendar icon, press the calendar icon – OH MY FREEEEEKING *#*#*#!!!!!!  Isn’t Apple supposed to be the king of simplicity?  Somebody surely missed the boat on this one didn’t they?  It is a simple concept – multitasking.  Apple didn’t get it.

So, you might be wondering, why do I still have and use the iPhone.  Well, actually as I said there are many apps that do service many of my needs.  I utilize Freshbooks for invoicing, SugarSync for file backup and access, Jott for quick notes to myself, Google for directions, eReader for my literary needs, Transactions to get myself paid, Pandora to listen to music, Upvise for my shopping list needs, ReQall for my localized to do list, MyCast for weather, Banking online, etc. etc. You get the picture. 

Don’t get me wrong.  I could do ALL of these things on my old Samsung Blackjack with Windows Mobile.  But certainly the iPhone is, after all, the most recent iconic symbol of high technology.   I just hope that Apple has their act together enough to realize that their market is expanding, and in order to expand fully into the business sector, it might have to let go of some of its old methods of doing things.  Let the programmers in.  Let them design fixes to these flaws.  Let them develop an app for that!  Until then, in my opinion, the Blackberry Storms and Samsung Jacks of the world will continue to have a foothold in that precious business market that every smartphone desires to dominate.  Until then, Apple, repeat after me:  “I think I can, I think I can . . . .”

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