Archive for April, 2010

Explore the Web from China–without leaving home

Monday, April 26th, 2010

This is a great experiential plug-in that’s worth grabbing just to see how citizens in countries with Internet censorship have to struggle with hamstrung browsing.

Tibet.com as it renders under the China Channel…

The experience drives home the point of just how severe Internet censorship is in China, going beyond government hot-topic issues like Tibet and Tiannamen Square to that hotbed of revolutionaries known as Wikipedia. Even my own innocuous blog was blocked when I was there, although two years later it seems to be free. Or at least it was when I tested out China Channel: while sensitive material seems to be permanently blocked, the 30,000 employees of the Great Firewall appear to apply their censorship in a more arbitrary manner for less topical Web sites.

…and unblocked by the Great Firewall.

It slows down your browsing. It makes some Web sites inaccessible for no discernible reason. It doesn’t even offer you any xiao long bao or pu’er tea for your troubles. But if you want to know what life behind the Great Firewall of China is like, then the
Firefox plug-in China Channel is the cheapest and fastest way to experience using the Internet in China without actually being there.

(Credit:
CNET Networks)

The toolbar is interesting for a slightly different workflow that results in a Web page that informs you of your IP address and its country of origin. Choose the China Channel from the drop down, and then hit the big red Go button. With China Channel activated, the page will declare that the plug-in has been activated. Switch back to None and refresh the page, and it changes to reflect your proxy server-free surfing experience.

(Credit:
CNET Networks)

After installation, getting to experience Web surfing the way the Chinese do isn’t hard at all. Users have three ways to activate China Channel: via the China Channel toolbar, a navigation bar button that you must drag and drop onto the bar to get access to, and a status bar button. The buttons function by opening a menu, from which you choose to switch from None to the China Channel. Much like the IE Tab extension, the page will then render as if your IP address is inside China.

Report DOJ looks into telecom dominance

Saturday, April 17th, 2010

It would likely be difficult to prove that telecom providers have violated the antitrust Sherman Act, experts say. Newer technology and new competitors like cable companies are now jockeying against traditional phone companies. But the phone companies do wield a great deal of power, in terms of both assets and political clout.

The Justice Department declined to comment for the Wall Street Journal article, and was unable to be reached for comment from CNET News.

“I think that some devices will be exclusive to certain carriers,” he said. “But the vast majority of phones, especially those below a smartphone, are pretty wide open. In the long run, we have a strong commitment to open platforms and will expand choice for our customers.”

Part of the inquiry is likely to focus on whether wireless carriers are harming smaller competitors by striking exclusive deals with handset makers. AT&T has such an arrangement with Apple to sell the popular
iPhone for its network alone in the U.S.

The DOJ’s investigation of the telecom industry could be an indication of a heavier hand from the Obama administration on enforcing antitrust issues. The Wall Street Journal said that “the Justice Department’s antitrust chief, Christine Varney, has said she wants to reassert the government’s role in policing monopolistic and anti-competitive practices by powerful companies.”

“I don’t think those exclusive deals are good for competition,” he said in a recent interview with CNET News. “If it’s a good phone, we generally think it should be available on anyone’s network. Carriers should compete on the basis of their service plans, which is why people buy these services. “

But the carrier offers similar functionality over its 3G wireless service for other iPhone Apps, including one from Major League Baseball that allows people to stream live baseball games onto their phone.

The newspaper cited unnamed sources who said that the Justice Department is reviewing potential anticompetitive practices. No formal investigation has been launched, and the review is in its early stages, the Journal article said. It’s not clear yet if a formal investigation will follow.

While these mergers have not created a single dominant phone company in the U.S., as there had been decades ago with the old AT&T, it has concentrated the power of the communications industry into the hands of only a few. Over the years, the industry has consolidated down to two major forces: the new AT&T and Verizon Communications. These two phone companies control 90 million landline customers and 60 percent of the 270 million U.S. wireless subscribers. These companies also control and operate most of the nation’s Internet backbone, which shuttles Internet traffic as well as phone calls throughout the country and throughout the world.

One thing seems clear, halfway into President Obama’s first year in office–major phone companies may be scrutinized more than they had been during the previous administration.

Other phone companies have struck similar deals with handset makers. For example, Sprint Nextel has an exclusive arrangement with Palm to sell the
Palm Pre. And T-Mobile is the exclusive carrier for the first two
Google Android phones made by HTC that are on the market.

Restricting services and apps
The Justice Department may also review whether telecom carriers are restricting certain services that can be offered on devices that run on their network, The Wall Street Journal reported. Some carriers disable features on certain phones. And they also restrict different services. For example, the mobile version of Skype, a voice-over-IP calling service, is restricted from use by most U.S. operators.

The Department of Justice is looking into whether big U.S. phone companies such as AT&T and Verizon Communications are abusing their market power, according to a report in The Wall Street Journal on Monday.

The Obama administration’s interest in potential antitrust violations is in contrast to that of the Bush administration, which did not push forward with any major antitrust case. It was also under the Bush administration that many of the major telecom mergers were approved, starting with Sprint’s acquisition of Nextel in 2005. Later, local phone company SBC Communications bought long-distance provider AT&T, and then the new company bought BellSouth. During this time, Verizon Communications also bought long-distance operator MCI.

Andrew Sherrard, a vice president at T-Mobile, said that most of the phones that it sells are not exclusive, but that having a few exclusive deals is actually reasonable. He doesn’t see the practice as harmful and thinks that despite the recent government inquiries, it will continue to be a normal practice.

Recently, lawmakers and regulators have raised questions over the practice. Doug Hutcheson, CEO of Leap Wireless, a small regional prepaid wireless provider, believes that these deals are not good for the industry.

Also, AT&T has been criticized for limiting the use of certain applications, such as the SlingPlayer for the iPhone. This application, which lets people use their phones to watch streaming TV from their cable service at home, is only allowed to work in Wi-Fi hot spots using the iPhone. AT&T argues it must limit usage to Wi-Fi because allowing the service to operate over its 3G wireless network violates its terms of service and would degrade service for other wireless customers.

Radiohead declares it’s done with recording albums

Sunday, April 11th, 2010

To make it work, however, Radiohead went to great lengths to market the album, far less than it had to invest in distributing its latest gem, “Harry Patch.” Regardless, while some music arguably makes more creative sense as part of an album, many songs stand alone and better fit the way music is being defined, distributed, and monetized.

(Credit: Serjao Carvalho)

“Do you see people going record shopping? No,” said Perry Farrell of Jane’s Addiction. “Downloading free music. Yes. Going out for live music. Yes. I love recorded music, but the best bang for my buck is the night I go out.”

Thom Yorke of Radiohead

Open source is the same. Customers subscribe to a series of improvements and services around the software, rather than buying into a big licensing event. The emphasis is on what comes after the initial adoption of the software, not a bunch of marketing and hype to get people to use the software in the first place. The software largely sells itself.

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This is perhaps best exemplified by comments, cited in a Wall Street Journal story, from singers Robert Earl Keen and Perry Farrell in the wake of the Lollapalooza festival:

Ditto for software. Google has already showed one way to get beyond the “album mentality” by providing its code on a perpetual beta basis. There is no big, once-and-for-all unveiling of Google’s software, but rather a steady release of updates.

For my part, I hope that Radiohead will release new singles early and often, with an emphasis on getting them out quickly to test their appeal, then fine-tuning them over time. The same holds true for software. My only question is if at some point in the future we’ll see Linus Torvalds and Thom Yorke jamming together on stage.

Now that would rock.

None of us want to go into that creative hoo-ha of a long-play record again. Not straight off. I mean, it’s just become a real drag. It worked with “In Rainbows” because we had a real fixed idea about where we were going. But we’ve all said that we can’t possibly dive into that again. It’ll kill us.

Follow me on Twitter @mjasay.

“In Rainbows” worked on two or three different levels. The first level is just sort of getting a point across that we wanted to get across about music being valuable. It also worked as a way of using the Internet to promote your record, without having to use iTunes or Google or whatever…and it also worked financially.

Radiohead frontman Thom Yorke has declared, in an interview with The Believer, that the band has no plans to record another full-length album, preferring instead to focus on singles. A one-off from a band that can afford to call the shots, or a sign of things to come in entertainment, not to mention software?

“The music business is upside down,” said alt-country singer-songwriter Robert Earl Keen. “You don’t tour to support your record. You put out a record to support a tour.”

Yorke cites the creative burden of recording an album, but I have to think the decision is as much about marketing an album as it is recording it. As Yorke relates:

In music and in software, we’re moving to a services-based economy that relies less on DRM (digital rights management) and more on service-based connections between consumer and creator. The two blend ever more frequently in this digital age through the collaborative interplay between producer and audience.

If you can accomplish this with singles, rather than the burden of an album, why not go that route? This is particularly intriguing given the continued pace of piracy, as a new study finds, because it requires a band to invest less in album creation and more time in monetizing the music through concerts and other “services.”

Lenovo earnings dinged by weak enterprise demand

Friday, April 9th, 2010

As for the outlook, Lenovo said that it expects enterprise spending to remain weak in its second fiscal quarter, but will continue to cut costs to restore profitability.

(Credit:
Larry Dignan/ZDNet)

(Credit:
Larry Dignan/ZDNet)

• Mature market sales were $1.3 billion, 38 percent of the total in the first quarter.

• Notebook computers are 64 percent of Lenovo’s sales.

Lenovo reported a net loss for its fiscal first quarter as revenue skidded 18 percent because of weak enterprise spending.

• Sales in China in the fiscal first quarter, which ended June 30, were $1.7 billion, or 48 percent of the total. Lenovo has a 28.6 percent market share in China.

• Emerging market sales were $474 million. Lenovo said it is targeting Latin America, Russia and Turkey as key countries. The company added that it needs to become more of a consumer player in these markets.

This was originally published at ZDNet’s Between the Lines.

By the numbers:

Lenovo CEO Yang Yuanqing said the plan is to “continue to extend our leadership in China, strive to restore profitability in mature markets, and also seize opportunities in emerging markets and the transactional space.”

The company reported a net loss of $16 million, or 18 cents a share, in the first quarter, on revenue of $3.5 billion. Lenovo, which remains tethered to the commercial market, has been restructuring to cut costs. In addition, Lenovo remains a tale of two companies. The company leads in China and is extending PCs to the countryside and leveraging 3G mobile adoption. However, Lenovo has struggled in mature markets such as the U.S. and Europe.

Twitter and Facebook get unofficial mouse pads

Thursday, April 8th, 2010

These pretties set you back $11.99 each, or $17.99 for both–plus a whopping $12 on shipping to the U.S..

(Via The Awesomer)

Real-world versions of Web sites can be pretty nifty, and the Twitter and Facebook mouse pads from the Meninos studio are no exception. Both feature a large, fill-in status box, just like you’d find on each of the sites, although in each case the wording has been changed to reference the use of your mouse. I especially like the details on the Twitter one that includes things like the speech bubble nub on the top of the pad, and the faux advertising box with instructions to “just point and have fun.”

(Credit:
Meninos/CNET)

Chrome gets bookmark sync with version 4.x

Tuesday, April 6th, 2010

Conspicuously absent thus far from the bookmark sync feature is any mechanism to synchronize with Google Bookmarks, the company’s cloud-based bookmark service that can be used through the Google Toolbar or the Web site itself. Google has said it’s focusing on the basics first with Chrome.

Among the HTML 5 features set for Chrome 4.x are Web Workers, which let the browser perform background processing tasks without interrupting a Web application’s user interface, and local storage, which helps a Web application work even when a computer is disconnected from the network. Another HTML 5 technology, built-in video and audio that doesn’t require a plug-in such as Flash, began arriving in Chrome version 3.

HTML 5 is very much in flux, though. Microsoft, maker of the dominant browser, has only recently joined the HTML 5 discussion in earnest. And last week, Google’s Aaron Boodman raised a broader issue, questioning the merit of labeling many new HTML features as version 5.

I set up the bookmarks feature with no trouble on version 4.0.201.1 of Chrome for Windows; note that to get it to work, you must specifically enable it at launch by adding the “–enable-sync” option to the launch command. The wrench menu (think tools) offers the new menu item to synchronize bookmarks. Clicking on it springs open a dialog box that prompts you to log in with a Google account; doing so then sends the bookmarks to the server.

It’s intriguing when Google adds new cloud-based services, given its interest in moving people away from dependence on individual PCs and toward Net-based services hosted on central servers. In that same vein, Google is working on several other features that expand what the Web can do via an upcoming version of its underlying language, HTML 5.

Google's Chrome browser is getting a bookmark sync tool.

Google doesn’t draw much attention to version numbers, using them more as developer placeholders than beacons for marketing or support purposes. Google updates Chrome automatically, so users often get new versions without even knowing about it. But the new versions can indicate when the company is making significant changes behind the scenes.

“Once you set up sync from the Tools menu, Chrome will then upload and store your bookmarks in your Google Account. Anytime you add or change a bookmark, your changes will be sent to the cloud and immediately broadcast to all other computers for which you’ve activated bookmark sync,” programmer Tim Steele said in a blog post Monday. Steele introduced the Chrome bookmark feature less than three weeks ago.

Version 4 of Chrome also is slated to get a top-requested feature, the ability to recognize when Web pages offer an RSS or Atom feeds and to subscribe to them with a service such as Google Reader.

The
Mac version of Chrome–which by the way now enables by default plug-ins such as Adobe Systems’ Flash and has grown much more stable–didn’t yet support bookmark sync Monday night, so I couldn’t test the actual synchronization itself on my present home setup.

“I would like to propose that we get rid of the concepts of ‘versions’ altogether from HTML. In reality, nobody supports all of HTML 5,” Boodman said in message to an HTML 5 mailing list. “Instead of insisting that a particular version of HTML is a monolithic unit that must be implemented in its entirety, we could have each feature (or logical group of features) spun off into its own small spec. We’re already doing this a bit with things like Web Workers, but I don’t see why we don’t just do it for everything.”

Google has issued the first developer preview version of its Chrome browser to reach the version 4.x milestone, a phase that should bring some advanced features in the forthcoming HTML 5 specification for Web pages but that for now just sports a cloud-based bookmark synchronization tool.

(Credit:
Screenshot by Stephen Shankland/CNET)

Just how valuable are those ‘Linux-related’ Micros

Tuesday, April 6th, 2010

Did the OIN get value or garbage?

Microsoft has long presented itself as the looming patent threat to Linux, once claiming that 235 of its patents are violated by Linux. But the AST patents, which cover 3D graphics, are apparently not among that group of core Microsoft patents allegedly violated by Linux.

Just how valuable are the Linux-related patents that Microsoft recently sold?

I’m left wondering just how much protection OIN scored for Linux with the purchase of these 22 3D graphics patents. If the patents were core to Microsoft, it wouldn’t have sold them for simply the off-chance that the patents might eventually find their way to a litigious patent troll. Microsoft tends to be more direct with its anti-Linux message, a fact borne out by its recent scurrilous Best Buy training FUD.

But this seems like a rather klugey way for Microsoft to go after Linux. If it wanted to ensure the patents made it into the right (or wrong, depending on your point of view) hands, it could have sold the patents directly to a Microsoft-friendly patent troll. The fact that OIN wasn’t allowed to directly participate in Microsoft’s patent auction says little about the company’s ultimate (and allegedly “ulterior”) motives.

OIN CEO Keith Bergelt speculates as much, insinuating that Microsoft may have “had ulterior motives” in selling to AST, a firm that has a “catch and release” policy that would see the Linux-related patents pushed back onto the open market after a year, and potentially fall into the hands of a patent troll, as eWeek reports,

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Follow me on Twitter @mjasay.

The Open Invention Network (OIN), a patent defense coalition for Linux whose members include IBM and Red Hat, trumpeted the news that it had bought 22 Linux-related patents from Allied Security Trust (AST) in a bid to protect Linux. Microsoft, which sold the patents to AST, claims the patents “weren’t important,” as noted in The Wall Street Journal.

If Microsoft didn’t care about the patents, why should OIN?

I suspect that the patents truly weren’t very important to Microsoft. This doesn’t mean their value to OIN is diminished, but it’s probably not time to uncork the champagne at the “coup” scored at the local patent yard sale.

Faith is great in religion–it’s not a viable business strategy.

It’s a question ZDNet’s Mary Jo Foley is asking, and rightly so. As CNET’s Ina Fried notes, it’s possible that Microsoft was looking to offload the patents to a patent troll, one that could litigate against Linux by proxy. This same strategy is apparently being used by Intellectual Ventures, a patent-holding (and trolling) firm that may be selling patents to litigious buyers to generate revenue.

Single misplaced ‘&’ caused latest IE exploit

Monday, April 5th, 2010

The code lines he listed were:
__int64 cbSize;
hr = pStream->Read((void*) &cbSize, sizeof(cbSize), NULL);
BYTE *pbArray;
HRESULT hr = SafeArrayAccessData(psa, reinterpret_cast(&pbArray));
hr = pStream->Read((void*)&pbArray, (ULONG)cbSize, NULL);

In his blog, Howard acknowledged the need to clean up the company’s coding process. He said that Microsoft will update the tools it uses to find these types of errors. The company will also require its programmers to use the newer ATL code. In the past, Microsoft never told its programmers what to use. But says Howard in his blog, “We’re going to change that!”

A security hole in Internet Explorer that opened the browser to hackers since early July was caused by a single typo in Microsoft’s code.

The hole was originally uncovered earlier this month by a pair of German researchers. Thomas Dullien (also known as Halvar Flake), CEO of Zynamics GmbH, and his friend Dennis Elser detailed their discovery in a blog. After the exploit became known, the two did some digging into the code and found the unwanted “&” character.

Howard said the typo would have been difficult to spot in a review of the code, and that none of Microsoft’s code analysis methods would have uncovered it either.

Michael Howard, a security program manager at Microsoft, explained in his blog that the typo corrupted the code of an ActiveX control used by the browser. The control was created by Microsoft using an older library of code, which Howard admitted has flaws. Because of those flaws, the typo caused the code to write untrusted data, exposing the browser to the bad guys.

So what will Microsoft do to guard against future typos?

And his riddle for readers:
“I’ll give you one more clue - it’s a one character typo. Give up? Look at the last line. The first argument is incorrect. It should be: hr = pStream->Read((void*)pbArray, (ULONG)cbSize, NULL);”

Outside of its regular Patch Tuesday routine, Microsoft issued an emergency fix for IE, which it said would block attempts to exploit the flaw in ActiveX controls.

An errant ampersand (”&”) took the blame for the exploit, admitted Microsoft in a blog published Tuesday at its Security Development Lifecycle (SDL) Web site.

In his blog, Howard played a high-tech version of “Where’s Waldo?” by challenging readers to find the typo amid a few short lines of code, even hinting that it was a single character.

Development tools like Microsoft’s own Visual Studio use the same library of code, known as Active Template Library (ATL). On the same day it released the emergency patch for IE, the company also released a Visual Studio fix.

Water detected on the moon, buried ice on Mars

Sunday, April 4th, 2010

A recent impact crater on Mars, showing bright ice thrown up from a subsurface layer.

“Every indication is that this is forming a broad, continuous sheet beneath the surface,” said Ken Edgett, a camera team member with Malin Space Science Systems of San Diego. “We have five separate impact sites, all showing more or less the same thing.

Scientists believe that the ice is a remnant of a more humid period in Mars’ recent history, when the planet’s polar ice caps extended much farther toward the equator.

“This water is formed in the morning, substantially lost by lunar midday, and reformed as the lunar surface cools towards evening.”

(Credit:
NASA)

“These buried ice sheets that extend from the poles all the way down to 45 degrees or so (north and south latitude) don’t quite cover half of the planet, but (they) come close,” he said. “So we’re talking about maybe a (half) million cubic kilometers of ice in total.”

The discoveries announced this week don’t necessarily mean that abundant water supplies are available across the moon’s surface–the solar-driven cycle implied by Deep Impact would produce only trace amounts–but they show that the moon isn’t the totally dry place scientists long thought it was.

The buried ice was spotted in debris thrown up in five recent northern hemisphere impact craters. The ice is surprisingly pure and easy to see in high-resolution pictures from the Mars Reconnaissance Orbiter.

If all goes well, the spent second stage of the rocket that boosted LRO and Lcross to the moon will crash into a permanently shadowed crater on October 9, blasting presumably ice-bearing soil into sunlight for direct analysis by LRO, the Hubble Space Telescope and ground-based observatories. Lcross will fly through the plume, beaming back data before it, too, crashes to the surface.

Orbiting the moon at an altitude of just 31 miles, the LRO spacecraft is designed to map the lunar surface in unprecedented detail to help identify possible landing sites for future manned missions. Lcross is focused specifically on water.

While scientists have long suspected that water ice from comet impacts is trapped in cold, permanently shadowed craters near the moon’s poles, the new data indicates that water molecules form and dissipate across broader areas, even in lunar daylight.

On a related front, NASA unveiled new findings from the Mars Reconnaissance Orbiter on Thursday that show clear evidence of huge subsurface ice sheets extending from the poles of the Red Planet halfway to its equator.

But scientists agreed that the results open a new chapter in humanity’s understanding of the moon and the processes at work across the entire solar system that could lead to water formation on other airless asteroids and moons.

In June, NASA launched two new spacecraft to the moon, the $504 million Lunar Reconnaissance Orbiter and the $79 million Lunar Crater Observation and Sensing Satellite, or Lcross.

“The observations presented here show a combination of hydroxyl, OH (oxygen hydrogen molecules), and H2O (water) that resides in the upper few millimeters of the lunar surface,” said Jim Green, director of NASA’s Planetary Science Division. “The average amount of water reported, if we were to extract it, is about a quart of water per ton (of surface soil).”

Shane Byrne, a member of the High Resolution Imaging Science Experiment team at the University of Arizona, said the ice sheet is probably about a yard or so thick.

Water ice is a critical resource for future space travelers, as well as a requirement for the development of life as it is currently known. The presence of ice on Mars is not a surprise, although the purity and extent of the buried ice sheets is. Water on the moon, however, is another matter.

“Finding water on the moon in daylight is a huge surprise, even if it is only a small amount of water and only in the form of molecules stuck to soil,” Jessica Sunshine, an astronomer at the University of Maryland who helped analyze data from NASA’s Deep Impact spacecraft, said in a statement. “In the Deep Impact data, we’re essentially watching water molecules form and then dissipate right in front of our eyes.”

To put it another way, he said, about 16 ounces of water might be present for every 1,000 pounds of surface soil near the moon’s poles. For soil near the equator, only about two tablespoons of water is believed to be present in every 1,000 pounds.

Finding water on the moon has long been one of the holy grails of modern lunar exploration because solar power and ice deposits, assuming they are close enough to the surface, could provide a source of water, air, and rocket fuel for future moon explorers or colonists.

What causes the water to form is not yet clear, but Sunshine said the mechanism might involve electrically charged hydrogen ions in the solar wind interacting with oxygen-rich minerals in the lunar soil to form water and hydroxyl molecules.

“Having any water or hydroxyl in the sunlit areas of the moon is as surprising as it is intriguing,” Bruce Betts, director of projects for the Planetary Society, said in a statement. “Will such results turn out to be the tip of the iceberg, or will the moon remain a dry desert with slightly more moisture than we thought?”

“We aren’t certain yet how this happens,” she said, “but our findings suggest a solar-driven cycle in which layers of water only a few molecules thick form, dissipate, and reform on the surface each lunar day.

“Even the driest deserts on the Earth have more water than are at the poles and the surfaces of the moon,” Green said.

Data from a NASA instrument aboard India's Chandrayaan-1 spacecraft show evidence of water molecules on the surface of the moon. Areas in blue show relatively high concentrations of water near the moon's poles.

“I’d say the volume of water–and this is a guess–the volume of water is probably comparable to the volume we would have in, say, the Greenland ice sheet on the Earth, in the buried ice deposits (and the North Pole ice cap).”

Three spacecraft–India’s Chandrayaan-1 lunar orbiter, NASA’s Saturn-bound Cassini probe, and the agency’s Deep Impact comet mission–all detected evidence of water molecules on the moon’s surface. In a surprise, it appears that water molecules are present, even in the heat of direct sunlight.

(Credit:
NASA)

While the data represent a major surprise and a “really profound discovery,” one scientist said, researchers cautioned that the moon remains an extremely dry place, by human standards.

Data from a comet-bound NASA probe, a robotic mission to Saturn, and a U.S. instrument aboard an Indian spacecraft have provided clear evidence that at least trace amounts of water exist on the moon’s surface, researchers said Thursday.

Earlier data indicated possible ice deposits in permanently shadowed craters near the moon’s poles, where water from comet impacts could have been trapped over the moon’s long history.

Is Google’s open-source advocacy a patent-busting

Sunday, April 4th, 2010

This is incredibly insightful on Prentice’s part, and amazingly shrewd if, in fact, Google is playing this game. It takes open-source advocacy to an entirely new, Sun T’zu-esque plane.

Follow me on Twitter @mjasay.

Open source means different things to different people. It can be a software development methodology, a distribution technique, or a marketing gimmick. Could it also be a way to minimize patent infringement damages?

If true, The Register’s question–”Is Google spending $106.5m to open source a codec?”–calls up a different response than the author of that article gives. Maybe $106 million is cheap compared to the cost of getting hit with video compression patent suits (from Microsoft, Apple, and others), if Google open source’s On2’s video compression codecs.

Google contributes to open source for a variety of reasons, not the least reason being that it recognizes open source is an efficient way to create community around its products. But perhaps Google has this more subtle, and sophisticated, reason as well?

Brian Prentice, a research vice president with Gartner’s Emerging Trends and Technologies Group, speculates that it just might be. Google has been actively developing open-source alternatives to leading proprietary products, like Google Wave to compete with Microsoft Outlook and SharePoint. As Prentice indicates, Google has also been publicly advocating passage of the Patent Reform Act of 2009, which might have a lot to do with its open-source strategy.

Martin Fink of Hewlett-Packard first started talking about the value of using open source to commoditize a competitor’s core offering through open source back in his 2002 book “The Business and Economics of Open Source.” But Prentice’s idea takes Fink’s argument and runs with it…at Usain Bolt speeds.

The proposed legislation alters the way damages are calculated in infringement suits to be “calculated as the price of licensing a ’similar non-infringing substitute in the relative market.’” Now if that alternative is a free, open-source piece of software, then damages drop to zero, as Prentice notes:

Brilliant.

Here’s why.

Does that mean that free open source products can now be considered substitutes in a relative market? I’ve been trying to play the scenarios out in my head. If Google Wave, hypothetically, infringes a patent that IBM holds and they’re found guilty of doing so, could they simply claim that the relative market value is zero because there are existing free OSS mail and IM solutions? Once Google Wave is shipping, can other organizations infringe on patents Microsoft holds relative to Exchange comfortable in the knowledge that Wave creates a zero dollar relative market value for collaboration?