9to5 Staff

Eminem’s litigious people make the news again, on reports that talks between the rapper’s ‘people’ and Apple legal are at a critical point, if both parties want to avoid a public spat in the US courts.

It’s a complex issue of music, distribution rights and music industry lawyers. In its briefest explanation, Eminem’s people are suing Apple and the Aftermath label for selling 93 Eminem tracks through iTunes. This is because Eminem’s Eight Mile High says neither the label nor Apple had the rights to sell digital downloads.

Eight Mile High is claiming Apple may have made as much as $2.5 million from sales of the rapper’s songs through iTunes (we don’t buy that, by the way). Eminem filed suit in 2005.

In legal documents filed to the Eastern District Court in Michigan, Eight Mile – along with co-plaintiff Martin Affiliated – alleges that Aftermath only had the rights to negotiate CD sales, not online distribution.

“Apple’s reproduction and distribution of the digital transmissions via iTunes constitutes a continuing, and willful, infringement of Eight Mile’s and Martin’s copyright interests,” the allegation states.

Apple denies these claims, arguing its deal with Aftermath (which provided the tracks and permissions) is legitimate.

It’s not the first time Eminem has fought Apple. Four years ago the two settled out of court after Apple ran a much-publicised advert that featured a trademark silhouetted figure dancing to the song Lose Yourself.

However, on this new case, should a deal not be agreed by the end of today, the case will go before a federal court in Michigan in a non-jury trial set to open on Thursday.
 

Apple wins, Palm takes a slap in the ongoing iTunes war between the two firms.

We all know the background, Palm introduced the Palm Pre, which the company equipped with the ability to sync with iTunes. Apple didn’t like it and prevented use of this within an iTunes update, Palm re-enabled its feature, Apple stopped it again and Palm took a complaint to the USB Forum, the body which polices such things.

Palm had accused Apple of improperly using its USB Vendor ID to block sync with iTunes. This view wasn’t shared by the USB Forum, where executive director, Traci Donnell, said: “In the view of the USB-IF, Palm’s allegation (if true) does not establish that Apple is using its Vendor ID (VID) contrary to USB-IF’s policies. Therefore, under present USB-IF policies, the USB-IF does not consider the alleged use, without more, to be ‘improper.’”

Palm itself may have got itself in trouble. When the company updated its Palm Pre software to make its device sync with iTunes, it used  Apple’s Vendor ID.

“Under the Policy, Palm may only use the single Vendor ID issued to Palm for Palm’s usage,” said Donnell. “Usage of any other company’s Vendor ID is specifically precluded. Palm’s expressed intent to use Apple’s VID appears to violate the attached policy.”

The USB-IF has given Palm seven days to respond to this potential violation and to clarify its intent. This could turn into very bad news for Palm.
 

We had a hunch, OK maybe two..  Turns out, it is all true.  Microsoft’s Courier concept is laid out by Gizmodo.  Will Apple blow this out of the water or is this the real deal?  Stay tuned for Tablet War 2010!

The update is around 90 MB and fixes the following "issues" – hit your software update or visit here to get it.

* Resolves issues browsing the iTunes Store.
* Addresses a performance issue where iTunes may become unresponsive.
* Fixes a problem where iTunes may unexpectedly quit.
* Fixes a problem syncing Podcasts in playlists to iPod or iPhone.
* Fixes a problem sorting albums with multiple discs.
* Addresses an issue with the Zoom button not switching to Mini Player.
* Improves application syncing for iPod touch and iPhone.
* Genius is now automatically updated to show Genius Mixes.

ifoAppleStore reports this morning on the new Manhattan Apple Store being built on 67th Street and Broadway.  The roof is starting to come together as you can see from the video below (music from Pixar’s Up).  

http://vimeo.com/moogaloop.swf?clip_id=6754816&server=vimeo.com&show_title=1&show_byline=1&show_portrait=0&color=ffffff&fullscreen=1

Broadway Apple Store Flyover from purnell on Vimeo.

…unique architectural designs that will put it in competition for the most spectacular store in the chain. The steel-framed building has risen from the near-total demolition of a former two-level Victoria’s Secret store, with but a single wall retained because of city permit requirements. Priced at over $37.9 million, the 75-foot wide storefront of the building will mimic the all-glass design of the Boylston Street (Boston) store, but with a twist–it will be slanted to mirror the angle of the two streets. Topping of the building will be its most-viewed feature: a slightly-domed glass roof supported by steel arches, all reminiscent of the historic St. Pancras train station in London (UK). The roof will span the rear three-quarters of the retail space, providing light and an airy atmosphere to the interior space. The store was originally reported to open by Thanksgiving, but instead will likely open before Christmas.

The building is 75-feet wide on Broadway and 45-feet tall, forming an angle that matches the intersection of the two streets. The structure fits in with the surrounding buildings, and some of the roof structure.

This unique aerial view shows the angled front section of the store, and the curved roof.

ifoAppleStore is reporting that employees of a Seattle area Apple Store are planning a 1PM walkout on October 3rd.  Alderwood Mall retail employees cite “abusive” management and possible state and federal labor law violations at the store.  Their complaints have have gone unheard (until now, most probably) by Apple’s upper management.

According to insiders, the employees’ complaints haven’t been fully investigated by the company’s human resources department. After reaching an impasse with Sr. VP Retail Ron Johnson over the issue, a group of Specialists, Geniuses and Creatives say they will walk out to bring attention to their complaints, and that several former employees will join the protest.

We saw this and the first thing we thought of was: Seattle?  What other company in Seattle is hiring Apple Store employees?  But this is likely just a few bad Apples managers ruining the party.  We’d be surprised if the whole situation is wiped away before October hits.

Adobe’s John Nack used his blog to promote the market share lead of his company’s Lightroom against that of Apple’s Aperture.

Adobe – developer of the industry standard Photoshop software – is publishing research findings from InfoTrends, findings which reveal Lightroom to be nearly four times more popular than Aperture.

These findings aren’t based on unit sales of either application, instead they’re based on a survey of 1,045 pro photogs in North America.

Nack also reveals that among photographic pros using the Mac, In 2007 Lightroom was nearly twice as popular as Aperture, but by 2008 it was nearly three times as popular.

Here’s the stats:

“You might notice some decline in the use of the Camera Raw plug-in inside Photoshop as more pros move to using Lightroom. Let me be clear in noting that Photoshop use among these pros remains in the 90% range, and that the decline applies only to Camera Raw usage,” Nack notes.

Apple last night introduced a trio of fresh iPhone ads on US TV networks: Nature, Dine in Dine Out and Pass Test Pass Time. The video above is the Nature ad, the next two ads are filed below.

Sharing the experience of many urban iPhone owners, CNET’s Elinor Mills explains how she’s been having iPhone voice issues for the past two years.  In fact she’s gone so far as to say that with the US iPhone’s carrier, AT&T, the iPhone isn’t even a phone.

Clearly there is a disparity here.  Most people outside of New York, San Francisco and a few other densely populated areas don’t have the same type of iPhone voice issues and they’ll state loudly that they get crystal clear reception and no dropped calls. 

However, step into densely populated areas (where many journalists live – perhaps that’s the reason for th eoutcry) and you’ll get a different story.  Mills did an informal polling of her friends who probably live in the Bay Area, on their AT&T experience.  A list of horror stories follows.  People can’t make calls.  If they do connect, it is choppy and drops off after a minute or two.  Some have resorted to using VoIP clients and landlines.

She spoke to an AT&T rep about the situation and kept getting responses like "we’re rolling out 850GHz in the future" and EDGE data is the issue, which clearly isn’t the case. 

At this point, over two years after the iPhone has been on sale and years away from the first complaints of network outages, there is nothing left to say.  It is now up to AT&T deliver service that people pay dearly for.

As many urbanites (including me) have found, AT&T’s coverage has basically rendered the phone part of the iPhone useless.

Apple has approved the first GrindHouse Mobile adult application for the App Store – though it did reject an initial offering from the developers as being too “explicit”.

Announcing version 1.0 of the first and only official pornstar iPhone application for Sunny Leone and the official application for adult star Aria Giovanni, the developer explained:

The first version of Sunny Leone’s App was declined due to the explicit nature of the content. "It was just a little too ‘hot’ for Apple’s compliance department," said a representative from Grindhouse. "We worked closely with Apple to meet all of their guidelines while developing an offering that is compelling and user friendly."

Adult star Sunny Leone’s first app, the free "lite version" that offers exclusive pictures, a blog and video clips, is now available.

Version 2.0, a premium version with more features, photo sets and videos is currently awaiting approval. Version 2.0 includes new interactive features, games, and blogs.

Former Penthouse Pet, Aria Giovanni’s application is also currently available in the App Store. Version 2.0 is pending approval and will include several new features and more content.

Apple’s introduction of a sophisticated FM radio tuner within the iPod nano is being hailed by the radio industry as potentially re-igniting interest in the format among younger ears – and is being welcomed by consumers as one of the most attractive features of the latest version of the world’s biggest-selling player.

The iPod nano also offers a video camera and more, but the FM radio is definitely a leading feature for new music-hungry consumers, according to a US/UK survey from the Radio Research division of Vision Critical.

Researchers spoke with 3,000 consumers in the US, Canada and the UK this month, paying particular attention to the impact on 18-34-year olds in contrast to the general population.

According to the survey, the new interactive features of the FM tuner show potential to energize interest in radio among younger consumers – the demographic known to be the prime users of MP3 players.

Apple’s implementation of radio on the iPod nano is attractive. You can roll shows back up to 15-minutes to listen to bits you’ve missed. The research reveals consumers are “very interested” in the ability to pause and rewind songs they hear on the radio – particularly those between the ages of 18 and 34.

In the US, 47 per cent of those aged 18 and older say they are "very interested" in the ability to pause and rewind songs they hear on the radio. This rises to 66 per cent among 18 to 34-year-olds.

The opportunity to see the name of the song using the nano’s RDS display also has strong appeal. In all, 41 perc ent of Americans and 55 per cent of 18-34-year-olds expressed an interest in this feature.

Consumers where a little less interested in the ability to “tag” songs for future purchase, with 28 per cent of those aged 18 and older "very interested" in this feature, although this increases to 45 percent amongst 18-34-year-olds.

Over half (53 per cent) of UK residents aged 18-34 are activeluy interested in this rewind feature.

Thirty-five percent (35%) of UK residents aged 18 and older say they are “very interested” in the ability to pause and rewind songs they hear on the radio. This rises to 53% among 18-34 year-olds.

The opportunity to see the name of the song through the Nano’s RDS display also has clear appeal. In all, 27% of 18 and adults in general and 45% of 18-34 year-olds express an active interest in this feature.

The ability to “tag” songs for future purchase is not currently offered by British broadcasters, but this interest in this feature also shows potential, especially among younger listeners. Twenty-three percent (23%) of UK residents aged 18 and older are “very interested” in tagging songs for purchase. This increases to 40% of 18-34 year olds.

Thirty (30%) of 18-34 year-olds report listening “daily” to mp3s. This compares to only 16% of UK residents aged 18 and older.

“The new iPod nano will put FM radio into the hands of more people in more places. Most important, it puts more FM radios into the hands of younger demographics who represent the future of the medium,” the researchers claimed.

Jeff Smulyan, chairman-CEO of Emmis Communications, recently said the move will help make radio ubiquitous, pointing to the radio industry’s determined effort to ensure FM tuners are installed on all portable devices by 2013. The industry argues that making such a move would deliver a relevant emergency broadcast system, among other reasons.
 

As the smartphone wars increase in intensity, BlackBerry maker Research In Motion (RIM) has one idea at least one iPhone user would like to see Apple emulate – a solution that transforms your phone into a universal remote control.

RIM is working with Canada’s Unity4Life to develop a solution that turns BlackBerry devices into a remote control for TVs, set-top boxes and the like. Effectively emulating features offered by devices including Logitech’s Harmony universal remote.

This solution works through use of a $99 device which converts the Bluetooth signal of a BlackBerry into an infrared signal TVs and other devices can understand. This solution is used in conjunction with software which runs on the BlackBerry.

When you use the software you are presented with an interactive media guide and get to control nearly every function of your audio and visual equipment, from volume control on your TV to operating your PVR, as reported by the National Post.

There’s a price to pay for this integrated goodness – the company will also gather information to collect data on users entertainment and viewing habits…while this will depend on what information a user wants to share. The company also has a plan to include advertising within the interactive guide.

We’d like to see a similar system for the iPhone…what do you think?
 

Microsoft’s copy-cat battle against Apple seemingly knows no boundaries.  In fact, it is attempting to lure away Apple’s retail staff, a report claims.

Citing anonymous sources, The Loop claims Microsoft is attempting to hire Apple retail store managers to staff its future chain of Microsoft retail shops. Apple staff are being offered “significant raises” and – in some cases – relocation expenses.

The report continues to explain that staffers Microsoft has succesfully poached are then contacting their own former senior management to offer them jobs in Microsoft retail.

So, Microsoft’s vision for a retail store is to pop these shops down right beside existing Apple shops, staff them with former Apple workers, offer Genius Bar-like Guru Bars and more…

That’s innovation… The company’s even hired in former Wal-Mart man, David Porter, who is now corporate vice president of retail stores.

Bear in mind the background: Microsoft’s sales fell another 17 per cent in the just gone quarter as profits slid a significant 29 per cent. Sales fell to $13.1 billion, a billion short of analyst expectations and the second quarter of decline. Will a chain of expensive retail shops truly be enough for Microsoft to regain relevancy?
 

Our sources have told us that the cat is out of the bag and Gizmodo will reveal the Microsoft tablet concept tomorrow.  We’ve seen some bits and we have to say that we are seriously impressed by the work done at Redmond.  Yes, you read that right – and as much as we hate to hear ourselves say it… 

We are really impressed. 

What’s even more exciting about this device is that we keep hearing, over and over again, how Apple is also working on a device in this class – though with just a single 10-inch display.  We hear again and again how they are lining up publishers of content all over the world to get ready for this device.  It seems that this concept could dwarf the Kindle and take some of the phone and laptop market with it. 

If Apple’s device is on the same level of what Gizmodo reveals tomorrow (and we think it will be), there will be some exciting times ahead.

While Facebook has implemented ‘@’ commands in status updates, creating a more ‘Twitter-like’ experience within its popular social network, MySpace has hitched a new deal under which its users can sync their status updates with their Twitter feed.

MySpace is now beginning global roll out of this new feature, at this point any U.S. user can opt-in to sync their status so that any update created on MySpace will appear in their Twitter feed and any Twitter feed update will appear within your MySpace status and mood.  The new sync feature works on mobile, uses open authentication technology and will be introduced globally in the coming weeks.
 
Also interesting in the images supplied by MySpace to illustrate the new feature is mention of the Apple TV. An Industry Standard report this morning claims that Apple’s Apple TV teams – both hardware and software teams – have been “putting in a lot of hours recently”…

Given last week’s Apple TV price-cut is a new model of the device planned? And does Apple intend refreshing its relationships with social networks to widen its integration of these within its products.

Certainly, the mention on the MySpace sample page below showing sample Twitter posts is interesting, shortly after the rhetorical question, “What the heck does an HDMI cable look like?” comes the statement, “am back with an ex – his name is appletv…” Of course, this could just be apocryphal, but it certainly picqued our interest.

One thing’s for sure though, the social networks are booming, and Twitter appears to be emerging as essential network glue for these.

Beyond Twitter? Expect more activity. “MySpace is a place where people go to broadcast, discover, and express themselves.  We’ll be adding other networks soon and are excited to see how users will sync their favorite websites to more easily socialize with friends and followers,” MySpace’s ‘people’ explained.

UPDATE: MySpace has since issued the following update: "We wanted to flag that almost immediately after launch a number of musicians, celebrities and comedians including Lenny Kravitz, John Legend, Rachel Zoe, Margaret Cho, George Lopez, Jamie Kennedy, David Spade, Slash, Cat Deeley, Chamillionaire, Jim Gaffigan, David Alan Grier, Larry The Cable Guy, and John Witherspoon have synced their MySpace and Twitter updates to connect with fans. This is only the beginning, as we plan to enable our users to sync their updates across even more networks. Looking forward to sharing more news shortly."
 

If you’ve been having problems with an AirPort Extreme-connected hard drive and Apple’s Time Machine feature, you’re not alone – turns out a lot of us have been afflicted by the bug.

What takes place: You connect your drive, set it up using AirPort Utility and begin to save those valuable Time Machine files for back-up, recovery and data protection. It all goes swimmingly, and then you install AirPort 7.4.2…and a few hours later, your drive stops working. You can’t even access them using the Finder until you reboot your AirPort Extreme. And then, it only lasts a few hours and you must reboot all over again. Annoying…

MacOSXHints has figured out a fix, of sorts, suggesting afflicted users revert to AirPort 7.4.1. To roll back to that version you must run AirPort Utility, click on the Summary tab (in Manual set-up) and click on the word, ‘version’, there you get to choose the software version to install, as MacOSXHints informs.

Handy hint, which also underlines the likelihood of a new version of AirPort soon(ish).

Sling Media has released its SlingPlayer Mobile Wi-Fi application for iPhone and iPod touch customers across Europe, the company announced at IBC in Amsterdam. 

The SlingPlayer Mobile Wi-Fi application is now available in 16 additional countries – including France, Germany, Spain and Italy.  The application was first made available to iPhone and iPod touch customers in the US, Canada and the UK in May 2009. It is a companion application to the company’s presently discounted (on Amazon) Slingbox range. 

“We are disappointed that Apple has not yet approved the 3G version of the SlingPlayer Mobile application for iPhone and iPod customers outside the US,” said John Gilmore, Senior Vice President and General Manager of Sling Media. 

“However, we are very excited to launch the Wi-Fi version. It gives our European customers access to the full spectrum of viewing choices on their iPhone or iPod touch when connected to a Wi-Fi network – the ability to watch and control both their live TV from home (local channels, local sports, video-on-demand and pay-per-view) as well as their home digital video recorder (DVR).”

When your iPhone or iPod touch is connected to a Wi-Fi network, the SlingPlayer Mobile software application connects to your Slingbox at home, enabling you to watch and control your home TV.  You can change TV channels, control your DVR, and watch shows on your iPhone or iPod touch. 

The SlingPlayer Mobile Wi-Fi application is now available in the following countries:
Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Israel, Italy, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland,  the United Kingdom and the United States.

Pricing is as follows:
Australia                      AUS$36.99
Canada                       CN$29.99
Denmark                     Kr179.00
Euro Zone                   €23.99
Israel                           $29.99
Norway                       Kr165.00
Sweden                        Kr229.00
Switzerland                  SFr33.00
UK                              £17.99
US                               $29.99

Gizmodo asks a pretty good question today.  They wonder why AT&T is charging for their 3G Microcell adapter boxes when companies like Sprint and Tmobile often subsidize the cost for users in known dead spot areas.   Microcells are similar to Wifi Access points except they broadcast a 3G signal like a 3G cell tower.

Subsidization really makes sense because the carrier is using the customer’s bandwidth to provide 3G access.  Charging a monthly fee, in this case $20/month, for the customer to use their own bandwidth to support AT&T’s customers seems like just a bit of a dick move.  

Maybe AT&T should be paying people to use their microcells?

Sure the box costs money to build and support, but AT&T could certainly use the access bandwidth and certainly the good PR.  Their efforts so far haven’t yielded any fruit for iPhone users, especially those in big cities.  Plus, for the densely populated areas like New York and San Francisco, where their networks are failing the worst, they could add a block of coverage with a few microcell spots.  Immediately.  Not at some point in the future.  Maybe. 

Also, as an aside, why wouldn’t AT&T just be working on a VoIP solution that runs in the background and switches on when the signal strength isn’t so hot and a Wifi signal exists? Almost every American has Wifi in their home and workplace – where they spend most of their time.  This would be a better long term solution.

AT&T has confirmed MMS messaging will come to supporting iPhones from September 25, while Apple is engaging in an extensive survey to try to understand reported problems with battery life problems in the device.

Apple has begun contacting iPhone customers who complain about poor battery life on their device following installation of iPhone 3.1. Customer care operatives are making contact with 11 questions, focusing on such things as push email, WIFI, Bluetooth and which apps a user uses.

Customers are also being offered Battery Life logging software, which gathers information about their product usage and battery life. The application – seemingly distributed using the Ad Hoc system – also gathers extensive data logs on this, which are then shared with Apple.

In related iPhone news, AT&T announced the MMS would be switched on from this Friday late last week. The carrier says it had to upgrade its cell phone towers and data centres before it could enable the service on the iPhone.

AT&T spokesman, John Britton, said,"Our highest priority has been to ensure the best possible customer experience with MMS, This is how long it’s taken to complete this process."

Update: nothing new…

Apple’s online stores are currently unavailable, generating the usual speculation among company-watchers.

However, Apple doesn’t customarily introduce new products on a Sunday, suggesting the company may simply be engaged in store maintenance. Despite which it’s something to discuss this morning, in addition to 9to5Mac’s exclusive report on Microsoft’s future mobile phone plans…

UPDATE: Apple Store is back up, no changes visible.

HP’s new netbooks look a lot like Apple’s MacBook unibody line don’t they? And starting at $399, with NVIDIA dedicated graphics and 11-inch HD displays, one must wonder how easy these will be to Hackintosh up?  Not that we’d ever do such a thing.

http://c.brightcove.com/services/viewer/federated_f8/1079049304

HP’s new netbooks look a lot like Apple’s MacBook unibody line don’t they? And starting at $399, with NVIDIA dedicated graphics and 11-inch HD displays, one must wonder how easy these will be to Hackintosh up?  Not that we’d ever do such a thing.

http://c.brightcove.com/services/viewer/federated_f8/1079049304