Saturday, July 31, 2010

Microsoft Looks to Supreme Court as i4i Patent Confirmed

The U.S. Patent and Trademark Office (USPTO) confirmed i4i's patent, sending another blow to Microsoft's legal strategy to deny intellectual property claims surrounding i4i's "custom XML" technology.

Toronto-based i4i announced on Tuesday that the USPTO had "issued a Reexamination Certificate" (PDF). The certificate confirms U.S. Patent No. 5,787,449, which contains i4i's invention claims for an XML-based technology that was used in Microsoft Word. Microsoft has been engaged in a losing legal battle with i4i concerning the technology after a Texas jury found in 2008 that Microsoft had "willfully infringed" i4i's patent.



i4i made a similar claim back in May that the USPTO had confirmed the validity of the "449" patent. However, Loudon Owen, i4i's chairman, clarified what actually happened in a phone interview on Tuesday.

"Earlier, they [USPTO] issued a notice of intent. They said it is our intent to issue a reexamination certificate, which means a patent is reinstated," Owen said. "What happens is when you are put into reexamination, the Patent Office has to put the legal onus back on the patent owner. And the way they do that is through a phrase where they say your patent is declared 'provisionally invalid.' So that puts the onus back on the Patent Office that it is indeed a valid patent.

"What happened in May, is that the Patent Office said that they intended [to issue a] Notice of Intent to Reissue the Certificate (NIRC) and reinstate the patent, but they hadn't actually issued it. And of course there's been a lapse of time from May until now," Owen said. "But this is the definitive statement, based on the information we have as of today from the patent office, and the patent is reinstated."

Microsoft now appears ready to take the battle all of the way to the Supreme Court. On June 8, Microsoft petitioned the Supreme Court to delay its appeal (PDF download), and that delay was granted, according to Owen.

"As far as we know, Microsoft has declared its intention to file with the Supreme Court a petition for cert [ certiorari ]. And they actually obtained the permission of the Supreme Court to file it late," Owen said. "So they asked, and they now have until August 27 to file their petition for cert ."

If Microsoft files with the Supreme Court, i4i will have time to respond, which is typically about 30 days, Owen said. After that time, it's anyone's guess what happens.

"We think their appeal path has been exhausted, but I never say 'never,' and you just don't know what Microsoft will do," Owen said.



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Ballmer Outlines Mobile Strategy at Microsoft Event

Microsoft's business strategies were described at the company's Financial Analyst Meeting on Thursday.

The talks by five Microsoft executives, including Chief Executive Officer Steve Ballmer, came on the heels of the company's positive fourth-quarter earnings. Last week, Microsoft announced revenue of $16 billion for the quarter. Peter Klein, Microsoft's chief financial officer, said at the time that all of Microsoft's business segments showed "double-digit growth," quarter over quarter.



The number-crunching crowd of financial analysts attending Microsoft's annual event may have preferred seeing spreadsheets and graphs. Instead, they got PowerPoint slides illustrating Microsoft's general vision in the enterprise and consumer markets. That vision encompassed Microsoft's Windows Azure cloud computing platform, Windows operating system success and consumer products.

Ballmer Lays Out Consumer Strategy
During Ballmer's talk, the Windows Phone 7 operating system was demonstrated running on an unidentified prototype device by Augusto Valdez, senior product manager for Windows Phone 7. Valdez showed off the mobile integration of the Microsoft Bing search engine, which provides search and mapping services based on the user's location. He said that the device was capable of running multiple Microsoft Exchange accounts on one phone.

Brad Brooks, CVP for Windows consumer marketing, showed how Windows 7-based PCs and Windows Phone 7 smartphones will be able to tap into a "personal cloud." Data can be shared across those devices using Windows Sync technology and the Windows Live SkyDrive cloud-based storage space. This data-sharing capability will be available "starting this fall," Brooks said.

"And by Q3 a vast majority of all PCs that ship to consumers will have this pre-installed so people will have this personal cloud experience as part of their Windows 7 experience right out of the box, and of course that will come with every Windows Phone 7 as well," Brooks said, according to a transcript.

Ballmer focused his talk on the consumer side of Microsoft's business since it is "very much on the minds of [Microsoft's] shareholders." The company's consumer products include Xbox gaming consoles, Bing search, Microsoft Office, the Windows operating system and Windows Phone.

Microsoft's mobile strategy has received much criticism over the years, particularly with regard to meeting the competition in the smartphone and tablet markets. However, Ballmer said that Microsoft has had Windows 7 on tablets and slate devices "for a number of years." He noted Apple's progress in putting out popular products and suggested that Microsoft would rise to the challenge.

"Just like we had to make things happen on netbooks, we've got to make things happen with Windows 7 on slates," Ballmer said. "And we are in the process of doing that as we speak. We're working with our hardware partners; we're tuning Windows 7 to new slate hardware designs that they're bringing them to market." He later referred to devices from Samsung, HTC and LG that are expected to "come to market this fall," but it wasn't clear whether he was talking about tablets or smartphones (or both).

Microsoft expects to get "a boost" in 2011 when Intel rolls out a low-power processor to market code-named "Oak Trail," Ballmer said. Oak Trail is an Intel Atom-based processor for tablets that's expected to use half the power of an Atom chip. It's designed to work with Windows 7, MeeGo and Google operating systems, according to Intel.

In a Q&A session with the financial analysts, Ballmer would not be pinned down on when Windows phones or tablets would hit the market. "We'll be in the market as soon as we can," he said. He did reveal a bit about Microsoft's thinking on executing its product plans, noting that "there is no way we will let hardware be an impediment." Ballmer revealed that Microsoft had actually designed the hardware for Windows phones for its partners.

Turner Extols Microsoft's Enterprise Strengths
Kevin Turner, Microsoft's chief operating officer, described the company's advantages in the enterprise space. He said that 70 percent of Microsoft's cloud platform wins in its fourth quarter represented new business, with Microsoft gaining customers from IBM (Lotus Notes) and Novell (e-mail). He cited "limitations" to Amazon's cloud service in that it requires the customer to maintain virtual machines. He touted Windows Azure, saying that the capabilities of Google's and Salesforce.com's cloud platforms fall short by comparison. Microsoft has an edge over VMware because "they don't run their own datacenters," Turner said.

The introduction of Windows 7 to the market gave Microsoft a 2.7-point advantage over Apple in terms of laptop attachments in the U.S. market, Turner claimed. Microsoft sells "just under eight copies per second [of Windows 7] since we launched this product in October 22," he said. Turner also claimed that Windows Server has been showing its highest gains over Linux in the last three years.

Microsoft hopes to grab database market share when Oracle launches its Fusion product, which is rumored to happen this fall, Turner said. He touted the "self-service" business intelligence capabilities of SQL Server 2008 R2. In 2011, Microsoft expects to launch the Parallel Data Warehouse version of that product, which will enable "100-terabyte" data warehouses.

On the enterprise collaboration front, Microsoft is challenging Cisco Systems with the Microsoft Office Communications Server product. Turner said that Microsoft's Live Meeting service is offered for "a third of the price of [Cisco's] WebEx" videoconferencing solution.

In addition to Turner and Ballmer's talks, the event featured presentations by Bill Koefoed, general manager of investor relations, Craig Mundie, chief research strategy officer, and Peter Klein, chief financial officer.

Recorded video and print transcripts are available at the Microsoft investor relations Web page here.



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Is Google Going Agile?

A Google program manager last week announced the company was changing its software development methodologies to speed up stable releases of the Chrome Web browser.

"Running under ideal conditions, we will be looking to release a new stable version about once every six weeks, roughly twice as often as we do today," said Anthony Laforge in a post on The Chromium Blog.

The three reasons for the change were listed as:

Shorten the release cycle and still get great features in front of users when they are readyMake the schedule more predictable and easier to scopeReduce the pressure on engineering to "make" a release

While the post hinted at Agile-like practices, the word Agile was never used. Some observers, however, indicated that Agile was in at Google.

"The basic premise behind the Agile software development methodology is to release early and often to increase incremental innovation. It's an approach that Google is now set to fully embrace with open arms for its Chrome Web browser," read an article on Datamation the day after the blog post.

A reader posted a comment on Laforge's blog asking about whether the company was indeed using Agile: "I was wondering: Apparently you guys are using an Agile approach. What are you guys applying? Scrum, TDD, something else?"

His question wasn't addressed by Laforge, but another reader's answer seemed to imply the Chrome development process wasn't really Agile. "Six weeks is still on the long side for Agile and will likely lose some of the benefits," said "Ian." He also commented, "I think a lot of these questions are from lack of exposure to agile," before posting some links so readers could bone up on their understanding of Agile.

Interestingly, a similar situation came up in October 2008 in a TechTarget interview with Darin Fisher, a software engineer who worked on developing Chrome. "Some might say certain elements seem like Agile programming, but we didn't specifically say let's use this methodology; we just said we'd do what seems right," Fisher said.

In describing how the team came up with its requirements, he said:

A lot of the process involved brainstorming meetings with the team and we talked about features. We also had an open mail list internally at Google where people said what would be cool. Then a smaller team went through and generated a living document, a beta roadmap, that said here's a set of features we know we've got to do. It included not only requirements for the browser, but a few things that would make it a compelling beta product. We tried to keep the features very focused and minimal. We're adverse to feature creep. Then we shared the list with the whole team, and people would self-select for what they wanted to work on.

About a year later, blogger Todd Hoff reported on a presentation by Glen Murphy, described as Chrome's designer and an engineer on its front-end team. He titled the post: "Google Chrome's Agile Design and Development." However, after a comprehensive account of the presentation, Hoff said, "The word 'agile' wasn't mentioned in the presentation, but they are describing a very agile way of working. Small multi-talented groups working in tight iterations implementing features based on vision and customer feedback. Working code is valued over documentation. The result is a quality product with a very comfortable and natural feel."

It almost appears as if Google is using Agile methodologies but not the word agile, for some reason.

What do you think? Is Google Agile or not? Readers are invited to comment below or mailto:dramel@1105media.com send an e-mail.

 



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Friday, July 30, 2010

Early Windows Phone 7 Previews Mostly Positive

With working prototypes of Microsoft's Windows Phone 7 in the hands of developers, and the software now at the technical preview stage, substantive judgments of the phone can be made. Those reviews are starting to come in, and they're largely positive.

For instance, Michael Gartenberg, an influential analyst with Altimeter Group, gave the phone a mostly thumbs-up review. Among his comments:



"The OS ran well even in pre-release form with excellent fluidity and no slowdowns or lags. That's a pretty good sign ... Microsoft's done a very good job with a revamped user experience that's not like anything on the market ... I like what I see so far and it looks like Windows Phone 7 has what it takes to silence many of Microsoft's mobile critics. Windows Phone 7 has the potential to keep Microsoft in the race for relevance in the mobile platform space..."

More praise comes from ZDNet mobile device blogger Matthew Miller, who posted an extremely thorough technical evaluation of Windows Phone 7.

"I ... am much more impressed with the phone and Windows Phone 7 operating system than I thought I would be at this stage of development. The phone NEVER crashed or locked up on me and I did not experience any bugs or other anomalies to report to Microsoft so far ... The user interface is completely different than any other smartphone operating system and is a nice, refreshing change."

Engadget also weighed in with a thorough review:

"Windows Phone 7 is easily the most unique UI in the smartphone race right now ... We were extremely surprised and impressed by the software's touch responsiveness and speed ... Let's just put this up front: the keyboard in Windows Phone 7 is really, really good ... we've got to say that Web browsing on Windows Phone 7 is actually a really pleasant experience ..."

Gizmodo summed its feelings succinctly: "Windows Phone 7 is good. Really good. It has the raw components needed to build a great smartphone."

All the reviews also pointed out the phone's weaknesses, including a lack of polish throughout much of the OS (which may be understandable, given that it's an early preview), and missing features like copy and paste, and multitasking for third-party apps.

And perhaps the biggest challenge facing Microsoft was spelled out by Engadget: "It's starting a generation behind Android and iPhone, which now have tens of millions devices." In fact, it could be argued that Windows Phone 7 is starting more than one generation behind, since Android is now on version 2.2, and iPhone is on release 4.

Still, if Microsoft's new smartphone was getting hammered by reviewers early on, it would face even more formidable odds; and not just by potential customers, but by the developers that will be crucial going forward. If a sizeable ecosystem of apps doesn't spring up almost immediately, Windows Phone 7 could slide into irrelevance before the public has a chance to vote on the phone with its pocketbook -- similar to what happened with its Kin phone. With the positive reviews coming in, those developers may be more willing to take a chance on Windows Phone 7.



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Microsoft To Release Updated EMET Security Tool

Microsoft announced today that it is planning to release a new version of its security mitigation tool for ISVs and Windows users.

Enhanced Mitigation Experience Toolkit (EMET) 2.0, when released in "upcoming weeks," will contain six mitigation protections, according to Microsoft's announcement. The mitigations block general techniques used by hackers that try to exploit vulnerabilities commonly found in software. Version 2.0 will be an update to the Enhanced Mitigation Evaluation Toolkit 1.0.2, which was announced in October.



For this new upcoming release, Microsoft plans to change the name of the tool slightly, dropping the word "evaluation" in the older toolkit name for "experience" in the new one.

The reason for the name change, according to the announcement, is that Microsoft has reoriented the goals for the tool. The new aims are to help prevent active exploits, protect older applications and add centralized management control over applications. To that end, EMET 2.0 will sport a new graphical user interface (GUI), instead of the earlier released console control with a command-line user interface. The GUI lets software developers and IT pros easily turn EMET on or off for various applications, and they can also easily check that status using the GUI.

Anyone can use EMET, but it's primarily designed for users of applications at high risk for attack, such as browser-based apps or line-of business apps, particularly older ones based on Windows XP. EMET brings together some mitigations that were first introduced with Windows Vista and Windows 7, enabling those protections for Windows XP-based apps.

The two new mitigations in EMET 2.0 will be Export Address Table Access Filtering and Mandatory Address Space Layout Randomization, according to Microsoft's announcement. The first mitigation makes it harder for exploits using shell code to locate Windows APIs. The second one makes it more difficult for attackers to locate modules by randomizing the addresses of the modules. Module addresses are randomized every time Windows is rebooted according to a Microsoft video explaining EMET 2.0.

The other mitigations to be included in EMET 2.0 were previously available in version 1.0.2. They are Dynamic Data Execution Prevention, Structure Exception Handler Overwrite Protection, Null Page Allocation and Heap Spray Allocation.

According to Microsoft's video, the majority of Internet Explorer exploits tap into heap spray techniques. The techniques are used to ensure that an exploit can run by placing "copies of shellcode at as many memory locations as possible," Microsoft's announcement explains.



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Novell Ships Mono Tools for Visual Studio 2.0

Novell today announced that it is shipping the release version of Mono Tools for Visual Studio 2.0, the add-in module for Microsoft's Visual Studio integrated development environment (IDE) that enables developers to write cross-platform .NET applications.

Mono Tools 2.0 advances the cross-platform appeal of the tooling, adding full support for development of .NET applications bound for the Mac OS X operating system. The new version also features an improved debugger that provides feature parity across all targeted OSes. In Mono Tools 1.0, applications targeting anything other than an x86-based Linux machine were unable to use the native debugger. A new debugger now extends full debug support to other platforms and targets, says Joseph Hill, product manager for Mono at Novell.



"That engine runs anywhere that Mono runs. Now we were able to turn around and add that to our Visual Studio product," Hill said. "Our message is you get Mono Tools for Visual Studio, get Mono on Windows, and do application work from there. Then you don't have to ask a Windows guy to worry about any other operating system."

Hill said Mono Tools 2.0 also provides faster deployment, using compression and uploading only changed files at build time. MonoTouch 2.0 also adds a profile manager that helps eliminate repetitive configuration tasks. "When you go to deploy debugging now, it's easier and it's faster," Hill said.

Mono Tools Professional Edition costs $99 and is targeted to individual developers, while Mono Tools Enterprise Edition costs $249 per seat. An Ultimate Edition, which costs $2499, bundles five enterprise developer licenses and provides limited commercial license to redistribute Mono. A 30 day trial version of Mono Tools 2.0 is also available for download here.



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Wednesday, July 28, 2010

Google Going After Gov Market With Apps Certification

After a year of working on securityВ steps to comply with federal government regulations, Google today launched Google Apps for Government.

Google Apps for Government is the first suite of cloud-computing applications to receive Federal Information Security Management Act (FISMA) certification and accreditation from the U.S. government, said David Mihalchik, Google's federal business development executive. The Google Apps platform consists of Google Docs, Gmail, spreadsheets, a video tool and Google Sites.

The General Services Administration has reviewed the documentation of the company's security controls and last ThursdayВ issued an authorization to operate, Mihalchik said.

The move will almost certainly intensify the competition between Google and Microsoft to provide cloud-based e-mail service and productivity applications to the federal community, industry observers said.

"The federal government is the golden nugget everyone is chasing,” said David Linthicum, chief technology officer and founder of Blue Mountain Labs.

“FISMA is always being brought up as a hindrance to the government moving to the cloud,” Linthicum said. Google is basically saying that Google Apps is ready to go, he said.“FISMA was a top priority for us," Mihalchik said. The certification was a very detail process that involved Google meeting 200 National Institute of Standards and Technology security controls, testing by an independent organization and a GSA review, he said. The review makes it easier for federal agencies to compare Google security features to those of their existing systems, Mihalchik said.

Microsoft says it is close to obtaining the same certification for a Web-based version of Exchange, a widely used program for managing e-mail that most organizations run on their own server systems, according to a Wall Street Journal article. Google and Microsoft are competing to provide e-mail to GSA.

The government defines cloud computing as an on-demand model for network access, allowing users to tap into a shared pool of configurable computing resources, such as applications, networks, servers, storage and services, that can be rapidly provisioned and released with minimal management effort or service-provider interaction.

Google Apps for Government is hosted in a multi-tenant cloud that conforms toВ NIST's definition of a community cloud, Mihalchik said.

GoogleВ  will store Gmail and Calendar data in a segregated system located in the continental United States, exclusively for government customers. Other applications will follow in the near future, Mihalchik said.

The Energy Department's Lawrence Berkeley Laboratory starting deploying Google Apps for its 5,000 users early this year. Berkeley Labs is using Gmail, Docs, Sites and Calendar, with full deployment scheduled by the end of the year.

The Berkeley lab did its own security accreditation of Google Apps and reviewed Google's documentation before the company had completed its FISMA compliance, Mihalchik noted. The labВ is expected to save $1.5 million to $2 million over five years by using Google Apps for Government, he said.

Google also announced that InRelief.org, a humanitarian relief organization funded by the U.S. Navy, is also using Google Apps for Government to provide users with more real-time collaboration capabilities during disasters.

Government movement to the cloud will continue to be an evolutionary process -- agency by agency, division by division, Linthicum said. The offering of e-mail services, which falls into the software-as-a service cloud delivery model, is a logical place for many agencies to start, industry experts have observed.

FISMA compliance for infrastructure-as-a service and platform-as-a-service will be the next step for cloud providers, Linthicum said. FISMA compliance for these cloud delivery models will be more complex, Linthicum noted.





Microsoft Issues Security Guidelines for Windows Azure