The software sold by Nexenta Systems of Mountain View, Calif., builds on a trend the industry calls “virtualization,” a broad term for pooling computing resources across physical hardware to make the gear more efficient. Virtualization is a key technology for companies that sell computing services over the Internet to business customers, a growing market known as “cloud computing.”

Nexenta’s software virtualizes data-storage systems but with a twist: the software can run on basic server systems from any hardware vendor. That makes the start-up a competitor to both storage behemoths such as EMC, which sells hardware-software systems, and providers of on-demand computing resources such as Amazon, Nexenta executives said. Amazon, the 800-pound gorilla in cloud computing, uses storage software it built in house to maximize the capacity of its gear, they said.

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The Commerce Department reported Thursday that e-commerce retail sales totaled $44 billion in the fourth quarter last year, up from $38 billion a year earlier. E-commerce sales now account for 4.3 percent of total retail sales (which include lots of things that don’t get bought online, like new cars, gasoline and restaurant meals), up from one percent a decade ago. For the year, e-commerce sales totaled $165 billion.

Many of those online purchases didn’t have any sales tax attached to them. Long before the Internet was on anybody’s radar, the Supreme Court ruled that states couldn’t require that retailers without a physical presence in a state, like mail-order companies, charge sales tax on their behalf. In recent years, states have tried to find ways around that ruling. Last fall, for example, Texas said an Amazon.com distribution center in Dallas counted as a physical presence and sent the retailer a past-due sale tax bill for $269 million. This month, Amazon said it is shutting down the distribution center as a result of Texas’s “unfavorable regulatory climate.”

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“I am here openly criticizing investment banks, criticizing Morgan Stanley, what, Morgan Stanley can’t be criticized? Not be cursed? You foreigners’ flunky!” he said on microblogging service Sina Weibo to a user going by the name Mishi De Weiyi, whose profile listed Morgan Stanley as her employer.

Dangdang, often likened to Amazon.com, is an online bookseller looking to expand its product range to fuel growth. It sold $272 million of shares in its IPO, including more than $56 million sold by Mr. Li and other existing shareholders, before listing on the New York Stock Exchange on Dec. 8. Morgan Stanley was a lead underwriter. Dangdang’s American depositary shares recently traded at $33.86, versus their IPO price of $16.00.

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The site cablegate.wikileaks.org, which WikiLeaks is using for the diplomatic documents, is linked to servers run by Amazon Web Services in Seattle, as well as to French company Octopuce. Wikileaks.org, the site’s front page, links back to Amazon servers in the U.S. and in Ireland. Several Internet watchers, including technologist Alex Norcliffe, reported earlier on WikiLeaks’ use of Amazon services.

Amazon and WikiLeaks did not return requests for comment.

The choice of Amazon, a U.S. company, seems strange given the amount of criticism WikiLeaks has received from the U.S. government. Rep. Peter King of New York, the ranking Republican on the House Committee on Homeland Security, sent a letter to Attorney General Eric Holder Sunday saying he supported charging WikiLeaks activist Julian Assange under the Espionage Act.

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In a new report out on Tuesday, analyst Sucharita Mulpuru forecasts online sales in the U.S. in November and December will increase 16 percent over last year, reaching $52 billion. Retail sales as a whole are likely to increase just 2.3 percent, according to the National Retail Federation.

Last month, eMarketer analyst Jeffrey Grau similarly forecast that holiday sales would increase 14 percent.

Why is e-commerce continuing to chip away at old-fashioned retail? Online shopping is still winning a few new converts, but those are few and far between, says Mulpuru. Rather, online retailers like Amazon.com are convincing existing customers to try out buying new things online–so people who might have started out just buying books online 10 years ago today have since also become ok with the idea of buying shoes or diapers online, too. “People become evangelized to the channel when they start shopping in a couple of categories,” says Mulpuru.

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Qliance Medical Management Inc. says it has raised $6 million in new funding in a financing round led by Bezos Expeditions, the personal investment company of Amazon.com’s (AMZN) CEO; additional financing came from MSD Capital, Michael Dell’s investment firm. The actor and comedian Drew Carey, Seattle venture capital firm Second Avenue Partners and other investors also joined in the funding of Qliance, which has raised a total of $13.5 million to date.

Qliance operates three clinics in the Seattle area that offer primary care treatment to patients who pay a monthly membership fee ranging between $44 and $84, depending on their age. The company accepts no form of health insurance for its services. Qliance intends to use its financing to expand in Washington State, with plans to open clinics beyond the state as early as next year.

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In a research note, Jefferies analyst Youssef Squali said that Google stands to benefit from increased search-ad spending among marketers and an updated product-search feature that lets Web users more easily see pictures and reviews of items.

“The integration of search, user-generated content, comparison shopping, YouTube, location information and mobile shows the impressive span of Google’s product portfolio that the company can leverage to drive traffic for its e-commerce customers and advertisers,” Mr. Squali wrote.

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There has been a surge in companies receiving patents for ways of doing business, from Amazon.com Inc.’s (AMZN) one-click checkout to Priceline.com Inc.’s (PCLN) reverse auctions, since a 1998 court decision expanded the scope of processes that could be patented.

The Supreme Court must now determine whether such swaths of modern business activity deserve patent protections, thereby opening the door to infringement lawsuits, or belong in the public domain, depriving their inventors of monopoly profits.

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The program, which Amazon announced Wednesday, is supposed to replace ordinary login and password combinations with a phrase and PIN combination that are linked to a specific account and shipping address. The distinction is subtle: You have one Amazon login and password (which aren’t going away), but you can have multiple PayPhrases that are linked to specific aspects of your account, like different shipping addresses or credit cards.

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The artist, who calls his revved-up rockabilly sound “psychobilly,” earlier this year cooked up a scheme to put almost his entire catalog up on Amazon.com, for free. “I’m losing a little bit of money in the short run,” Mr. Nixon says. But “in the long run, there is going to be much bigger Mojo awareness.” He and his online distributor, The Orchard, hope the move will lead to bigger sales and other opportunities, such as licensing more of his songs to Hollywood and Madison Avenue.

Mr. Nixon, who was hoping to get just 10,000 or so downloads out of the scheme, says he is very happy with the outcome so far.

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The Sony (SNE) album, titled “I Dreamed a Dream,” goes on sale on Nov. 23. Ms. Boyle sang the song by the same name on “Britain’s Got Talent,” and the video of her unexpectedly strong performance made her a world-wide phenomenon after it landed on video-sharing sites like YouTube.

Amazon announced the pre-order milestone Wednesday, noting that her advance sales have exceeded those for such stars as Norah Jones, U2, Bruce Springsteen and Coldplay. It also created a “store” for Ms. Boyle that includes her breakthrough clip in addition to a link to buy the $10 album.

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You see, Palm (PALM) defines units sold as products sold to on-the-street customers or to resellers like Best Buy (BBY) and Amazon.com (AMZN). Which means that Palm can report a unit sold while it’s still sitting at inventory at various retail outlets. In other words, a Pre sold is not necessarily a Pre activated. As Eller notes, that’s problematic.

“We have been perplexed by a disconnect between PALM’s device units sold and our estimates of store level sell through,” Eller writes. “According to PALM’s reported sell through, inventory increased by 13k units and since the ‘vast majority’ of both the device units shipped and the device units sold were units of the Pre, there couldn’t be an inventory problem. The gap between the two is only 13k.”

Continuing, Eller adds a cautionary note: “However, since the company recognizes revenue on sell in to the channel and the company defines device units sold as units that have been shipped from Sprint (their primary customer) to either customers or second tier distributors, PALM could offer investors a high number of units shipped but still have a glut of inventory in the channel. We believe that channel inventory is currently about 11 weeks, which we believe will pressure reorder rates and make it more difficult to sell high ASP products going forward.”

An 11-week glut of inventory in the channel? If that’s the case, it’s certainly cause for concern, more so because many investors are evidently unaware that this is even a possibility. “[Palm’s definition of sold] does not appear to be understood by investors,” Eller notes. “We polled several of the investors who attended the Boston road show lunch and each was under the impression that sell through translated into customer activations. How can this be?”

Good question. Palm and Sprint (S) investors both might want to pay a bit more attention to Sprint’s 10-k in the future.

I’ve asked Palm for comment and will update this post when it responds.

UPDATE: This just in from Palm:

“The sell-through data we post reflects carriers’ sales to their customers. For example, Sprint customers include consumers who buy in a Sprint store, and Sprint retail partners such as Best Buy and RadioShack. We rely on our wireless carriers to provide us with sell-through data, and we note this fact in our 10Q.”

[Image credit: Flickr/Spintar]

You see, Palm (PALM) defines units sold as products sold to on-the-street customers or to resellers like Best Buy (BBY) and Amazon.com (AMZN). Which means that Palm can report a unit sold while it’s still sitting at inventory at various retail outlets. In other words, a Pre sold is not necessarily a Pre activated. As Eller notes, that’s problematic.

“We have been perplexed by a disconnect between PALM’s device units sold and our estimates of store level sell through,” Eller writes. “According to PALM’s reported sell through, inventory increased by 13k units and since the ‘vast majority’ of both the device units shipped and the device units sold were units of the Pre, there couldn’t be an inventory problem. The gap between the two is only 13k.”

Continuing, Eller adds a cautionary note: “However, since the company recognizes revenue on sell in to the channel and the company defines device units sold as units that have been shipped from Sprint (their primary customer) to either customers or second tier distributors, PALM could offer investors a high number of units shipped but still have a glut of inventory in the channel. We believe that channel inventory is currently about 11 weeks, which we believe will pressure reorder rates and make it more difficult to sell high ASP products going forward.”

An 11-week glut of inventory in the channel? If that’s the case, it’s certainly cause for concern, more so because many investors are evidently unaware that this is even a possibility. “[Palm’s definition of sold] does not appear to be understood by investors,” Eller notes. “We polled several of the investors who attended the Boston road show lunch and each was under the impression that sell through translated into customer activations. How can this be?”

Good question. Palm and Sprint (S) investors both might want to pay a bit more attention to Sprint’s 10-k in the future.

I’ve asked Palm for comment and will update this post when it responds.

UPDATE: This just in from Palm:

“The sell-through data we post reflects carriers’ sales to their customers. For example, Sprint customers include consumers who buy in a Sprint store, and Sprint retail partners such as Best Buy and RadioShack. We rely on our wireless carriers to provide us with sell-through data, and we note this fact in our 10Q.”

[Image credit: Flickr/Spintar]

But when Amazon filed its official paperwork about the deal with the SEC today, the company reported 2008 net revenues of just $635 million.

Why the more than $300 million discrepancy?

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TheFlyOnTheWall.com notes that the move in the stock today appears due to “renewed takeover speculation.”

About two years ago, there were a round of rumors that the company was going to be acquired by Amazon.com (AMZN), and there is some bulletin board chatter this morning spouting the same theory.

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Typically, U.S. companies that do business in Japan without offices in the country aren’t required to pay taxes to the Japanese government. And Amazon (AMZN) has long counted itself among them, claiming purchases made through Amazon Japan are technically transacted in the states. Yet the company does have some retail infrastructure in the country through which it handles merchandise distribution, logistics and whatnot. And, according to the Bureau, that means Amazon has “permanent establishment” in Japan and should be taxed in the country under the U.S.-Japan tax treaty.

Another nasty tax headache for Amazon.com, which also faces calls for tax payments back in the U.S. and in Britain, France, and Germany as well. From the company’s annual report:

We Could be Subject to Additional Income Tax Liabilities
We are subject to income taxes in the United States and numerous foreign jurisdictions. Significant judgment is required in evaluating our worldwide provision for income taxes. During the ordinary course of business, there are many transactions for which the ultimate tax determination is uncertain. For example, our effective tax rates could be adversely affected by earnings being lower than anticipated in countries where we have lower statutory rates and higher than anticipated in countries where we have higher statutory rates, by changes in the valuation of our deferred tax assets and liabilities, or by changes in the relevant tax, accounting and other laws, regulations, principles and interpretations. We are subject to audit in various jurisdictions, and such jurisdictions may assess additional income tax against us. Although we believe our tax estimates are reasonable, the final determination of tax audits and any related litigation could be materially different from our historical income tax provisions and accruals. The results of an audit or litigation could have a material effect on our operating results or cash flows in the period or periods for which that determination is made.

Typically, U.S. companies that do business in Japan without offices in the country aren’t required to pay taxes to the Japanese government. And Amazon (AMZN) has long counted itself among them, claiming purchases made through Amazon Japan are technically transacted in the states. Yet the company does have some retail infrastructure in the country through which it handles merchandise distribution, logistics and whatnot. And, according to the Bureau, that means Amazon has “permanent establishment” in Japan and should be taxed in the country under the U.S.-Japan tax treaty.

Another nasty tax headache for Amazon.com, which also faces calls for tax payments back in the U.S. and in Britain, France, and Germany as well. From the company’s annual report:

We Could be Subject to Additional Income Tax Liabilities
We are subject to income taxes in the United States and numerous foreign jurisdictions. Significant judgment is required in evaluating our worldwide provision for income taxes. During the ordinary course of business, there are many transactions for which the ultimate tax determination is uncertain. For example, our effective tax rates could be adversely affected by earnings being lower than anticipated in countries where we have lower statutory rates and higher than anticipated in countries where we have higher statutory rates, by changes in the valuation of our deferred tax assets and liabilities, or by changes in the relevant tax, accounting and other laws, regulations, principles and interpretations. We are subject to audit in various jurisdictions, and such jurisdictions may assess additional income tax against us. Although we believe our tax estimates are reasonable, the final determination of tax audits and any related litigation could be materially different from our historical income tax provisions and accruals. The results of an audit or litigation could have a material effect on our operating results or cash flows in the period or periods for which that determination is made.

Sources briefed on the matter say DOJ attorneys have contacted Google (GOOG) as well as the Association of American Publishers and the Authors Guild about the antitrust implications of the agreement. Presumably at issue here are concerns over the settlement’s opt-out terms–authors and publishers who don’t opt out have effectively opted in–and the fate of orphan works, books still in copyright but whose copyright owners are unknown.

Orphan works number in the millions and the fear is that this settlement gives Google a powerful blanket license for them. As Pamela Samuelson, director of the Berkeley Center for Law & Technology, recently noted:

An estimated 70 per cent of the books in the Book Search repository are in-copyright, but out of print. Most of them are, for all practical purposes, “orphan works,” that is, works for which it is virtually impossible to locate the appropriate rights holders to ask for permission to digitize them….The proposed settlement agreement would give Google a monopoly on the largest digital library of books in the world….Google will also be the only service lawfully able to sell orphan books and monetize them through subscriptions….Virtually the only way that Amazon.com, Microsoft, Yahoo!, or the Open Content Alliance could get a comparably broad license as the settlement would give Google would be by starting its own project to scan books. The scanner might then be sued for copyright infringement, as Google was. It would be very costly and very risky to litigate a fair use claim to final judgment given how high copyright damages can be (up to $150,000 per infringed work). Chances are also slim that the plaintiffs in such a lawsuit would be willing or able to settle on equivalent or even similar terms.

Samuelson concludes that the Book Search agreement as written is essentially a major restructuring of the book industry and an anticompetitive one at that. If that is indeed the case–and Google maintains that it is not–it’s worrisome indeed. Certainly, it’s reason enough for the DOJ to give the agreement a good once-over.

Sources briefed on the matter say DOJ attorneys have contacted Google (GOOG) as well as the Association of American Publishers and the Authors Guild about the antitrust implications of the agreement. Presumably at issue here are concerns over the settlement’s opt-out terms–authors and publishers who don’t opt out have effectively opted in–and the fate of orphan works, books still in copyright but whose copyright owners are unknown.

Orphan works number in the millions and the fear is that this settlement gives Google a powerful blanket license for them. As Pamela Samuelson, director of the Berkeley Center for Law & Technology, recently noted:

An estimated 70 per cent of the books in the Book Search repository are in-copyright, but out of print. Most of them are, for all practical purposes, “orphan works,” that is, works for which it is virtually impossible to locate the appropriate rights holders to ask for permission to digitize them….The proposed settlement agreement would give Google a monopoly on the largest digital library of books in the world….Google will also be the only service lawfully able to sell orphan books and monetize them through subscriptions….Virtually the only way that Amazon.com, Microsoft, Yahoo!, or the Open Content Alliance could get a comparably broad license as the settlement would give Google would be by starting its own project to scan books. The scanner might then be sued for copyright infringement, as Google was. It would be very costly and very risky to litigate a fair use claim to final judgment given how high copyright damages can be (up to $150,000 per infringed work). Chances are also slim that the plaintiffs in such a lawsuit would be willing or able to settle on equivalent or even similar terms.

Samuelson concludes that the Book Search agreement as written is essentially a major restructuring of the book industry and an anticompetitive one at that. If that is indeed the case–and Google maintains that it is not–it’s worrisome indeed. Certainly, it’s reason enough for the DOJ to give the agreement a good once-over.

And when I say the stock is on fire, I don’t just mean today. AMZN is up about 67 percent year to date, and a whopping 145 percent since the stock’s November low.

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Amazon.com (AMZN) Thursday unveiled free software for BlackBerry handsets (trackball models only, please), that allow users to browse for products, read reviews, and buy on the go–just like a version for Apple’s (AAPL) iPhone that came out in December.

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Qualcomm (QCOM), for example, has a very slick video on YouTube that initially seems to be a typical piece of corporate B-roll hyping the latest development out of their labs. Then it turns out they are discussing putting cellular base stations on pigeons to form a flying wireless network, which prompts the need to develop a beast called the wolf-pigeon to defend the network, which inspires the creation of a shark-falcon to control the wolf-pigeons, and so on.

Amazon.com (AMZN), reacting to the gaseous conversations about a trend known as cloud computing, contends in a Web posting that it has a new high-level offering in the field–on a blimp. It’s called “the Floating Amazon Cloud Environment, or FACE for short. Using the latest in airship technology, we’ve created a cloud that can come to you,” the company writes.

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Credit Suisse analyst Gary Balter explained in a research note today that one reason he has maintained an Outperform rating on GME shares is that the company has dominated the used videogame business; he notes that used games generate 44 percent of the retailer’s gross profits, nearly twice the segment’s sales contribution to the company. Over the last several days, he reports, there have been two attacks on the company’s near monopoly in used games.

On Tuesday, Forbes reported that Toys ’R Us has a pilot program to test the sale of used games in some of its U.S. stores; Forbes noted that the program was first reported in the user forums of a Web site called cheapassgamer.com. Other retailers, including Best Buy (BBY) and Blockbuster (BBI), have previously experimented in the segment, but haven’t made much of a dent.

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In a filing with the SEC yesterday, Legg disclosed that it now holds 9,592,126 Amazon shares, down from 24,280,422 shares in its previous filing in October. The latest sales reduce Legg Mason’s stake to 2.24 percent of Amazon’s outstanding shares.

The investment firm has been gradually paring back its shares over the last two years.

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