Being the huge fan of “Top Chef” that I am — hellllloooo, Padma! — it was even more a treat to see former Microsoft legend, controversial patent grabber and full-time fiddler Nathan Myhrvold as a guest judge this past week on the current season of the popular cable television show.

For those who usually associate him with geekery, he is also a big foodie and the author of fancy tome “Modernist Cuisine: The Art and Science of Cooking.”

Right now, the six-volume, 2,400-page book set retails for $499 on Amazon. As described on the site: “The authors and their 20-person team at The Cooking Lab have achieved astounding new flavors and textures by using tools such as water baths, homogenizers, centrifuges, and ingredients such as hydrocolloids, emulsifiers, and enzymes.”

“Top Chef” is now set in Texas, so the topic was barbecue, an apparent fave of the techie too. But I really liked the competitor chefs’ race in the Quickfire Challenge to pull off some feat of molecular gastronomy best.

A side of patent troll pâté anyone?

Here are the videos:

BoomTown loves the spoof videos that late-night television talk show host Jimmy Kimmel does–Hello, Humpilates!–and this one featuring actor Christoph Waltz is another great one.

Waltz always plays scary dudes–usually, some version of a Nazi, if not one, in fact–in movies, and so making him a homicidal judge on the talent show “American Idol” is perfection.

Enjoy:

It seems Cameron and Tyler Winklevoss, the Don Quixote twins of the digital age, have tilted at yet another legal windmill unsuccessfully.

So now, after losing another court challenge to overturn a previous court challenge, they’ll have to settle for $65 million.

Actually, $100 million, which is how much shares in Facebook have appreciated since the pair and also Divya Narendra settled with the social networking giant.

Said the ruling from the U.S. Circuit of Appeals for the Ninth Circuit, in part:

The Winklevosses are not the first parties bested by a competitor who then seek to gain through litigation what they were unable to achieve in the marketplace. And the courts might have obliged, had the Winklevosses not settled their dispute and signed a release of all claims against Facebook. With the help of a team of lawyers and a financial advisor, they made a deal that appears quite favorable in light of recent market activity. For whatever reason, they now want to back out. Like the district court, we see no basis for allowing them to do so. At some point, litigation must come to an end. That point has now been reached.

The end? Say it ain’t so! BoomTown, for one, will miss those big lugs.

Not so much Facebook co-founder and CEO Mark Zuckerberg, especially since the pair allege the tech wunderkind stole the idea for the start-up while a student at Harvard University.

After much legal mishegas, they got $20 million and 1.25 million shares at a price of $8.88 each.

And that’s more than enough, said court to the the Winklevii–it’s their eternal nickname in Silicon Valley now–and they can’t back out of a settlement they made in 2004.

As for the specifics, the three-judge panel struck down every Winklevoss argument:

- They said the terms of the Facebook deal introduced after mediation were typical.

- They said Winklevii should have been sophisticated enough to understand valuation.

- They said Winklevii couldn’t use the sealed mediation settlement documents to argue their case.

It’s true, but it’s also sad to see it all over, since all the litigiousness between Zuckerberg and the Olympic rowing brothers has been so dramatic that it was the subject of the almost Oscar-winning movie, “The Social Network.”

But maybe they can go to the Supreme Court! One can dream!

And with their latest loss and all the Google machinating against Facebook, who’s up for a sequel: “Geek Wars: The Empire and the Vii Strike Back.”

In a statement, Colin Stretch, deputy general counsel of Facebook said: “We appreciate the Ninth Circuit’s careful consideration of this case and are pleased the court has ruled in Facebook’s favor.”

Here’s the full ruling:

08-16745

SAP apparently has other plans. Having won in December a small victory over the amount of interest it will have to pay, today SAP said it plans to argue that it shouldn’t have to pay quite as much to Oracle.

In a statement, it called the judge’s order a “procedural matter,” and said it plans to make post-trial motions challenging the amount the jury awarded. If not successful, it may appeal, the company said. Its full statement is below.

“Today the Court entered judgment in the Oracle v. SAP/TomorrowNow litigation, which is a procedural matter that occurs after a jury verdict. As stated before, we have accepted liability for the actions of TomorrowNow and have been willing to fairly compensate Oracle, but we believe that the amount awarded by the jury is disproportionate and wrong. Once the judgment is entered, SAP is permitted to challenge the jury’s award by way of “post-trial motions,” which are made to the trial judge. SAP will file these motions in the coming weeks asking the Court to reduce the amount of damages awarded or to order a new trial. We look forward to the Court’s resolution of the issues we will raise in our post-trial motions. Depending on the outcome of the post-trial motion process, SAP may also consider an appeal.”

Oracle, on the other hand, was happy to take another victory lap. “We are very pleased that the court’s final judgment for $1.3 billion, plus the court-awarded interest and the $120 million SAP paid during trial to settle additional charges, confirms the jury’s verdict against SAP for its massive intentional copyright infringement,” Oracle said in an emailed statement.

PREVIOUSLY:

• Oracle to SAP: You Owe Us Another $212 Million
• Oracle-SAP Verdict: SAP Owes Oracle $1.3 Billion
• Oracle-SAP: Closing Statements Followed by Closing Insults
• Oracle-SAP Case Closes With $1.67 Billion Difference of Opinion
• LOLCatz: Safra on The Stand Again in Oracle-SAP Trial
• Plattner and White No-Shows at Oracle-SAP Trial
• Damages Expert to SAP: You Owe Me $14 Million and Oracle Four Times That
• Oracle, SAP and the Apotheker Sideshow
• Better Late: SAP Co-CEO Apologizes for Oracle IP Theft
• SAP Co-CEO Expected to Testify in Oracle Trial Today
• HP to Oracle: Leave Léo Alone
• Oracle Still Hoping to Snag HP’s Apotheker for SAP Trial
• HP CEO to Oracle: Here’s Looking at You, Kid–Suntory Time!
• Ellison to Self: Damn, Damn. I Knew I Should Have Said $4.5 Billion
• SAP Attorney: Board Knew TomorrowNow Was Infringing at Time of Acquisition
• Oracle Co-President on SAP’s Damages Offer: “It’s Crazy”
• Oracle Enlists Process Servers, Not PIs, to Find HP CEO
• Oracle-SAP Trial: Ellison Swaps Katana for Poison Darts
• Objection: Mr. Ellison Is Referring to the Defendant as “Choleric of Temper” Again
• Oracle Lands Early Shots in SAP Trial
• Your Honor, We Object to Mr. Ellison’s Repeated Use of the Term “Slimy Weasels”
• Oracle to HP CEO: Chicken!
• Oracle Vs. SAP: We Got a Right to Pick a Little Fight–Bonanza!
• SAP’s Tab in Oracle Case: $120 Million and Counting
• Gag Order Denied in Oracle, SAP Trial
• Ellison Taunts HP CEO a Second Time
• SAP to Ellison: Save the Drama for Your Mama
• Ellison to HP CEO: “Warrior, Come Out to Plaaeeay!
• SAP: Please Gag Oracle
• HP Scandal Sucks in New York Times Columnist Over Conflict of Interest
• Welch to HP Board: You Don’t Know Jack!
• Insiders Criticize Ellison For HP CEO Slam
• Was Apotheker HP’s First Choice of CEO?
• HP Names Ex-SAP Chief Apotheker as CEO

This marks the first time the Rochester, N.Y.-based company has received what is known as a negative initial determination recommendation from the trade body. An administrative law judge at the ITC found Kodak’s patents invalid and not infringed by Apple’s iPhone or RIM’s BlackBerry devices. The final decision is expected May 23.

Kodak reports fourth-quarter earnings Wednesday.

Read the rest of this post on the original site »

It’s the latest development in a shareholder lawsuit against HP in which the plaintiffs have alleged that HP’s board of directors let Hurd walk out the door with too much money when he resigned following accusations of sexual harassment by a onetime contractor. They’re seeking an order that would require Hurd to disgorge the payments he received as his severance deal.

The judge, James Ware, ignored Hurd’s argument that he deserves to see documents relating to the matter that so far HP has refused to share, though the ruling doesn’t address whether he’ll ultimately get to see them or not. Hurd had objected to a new investigation, saying he would agree to it only if he were to get copies of the initial demand letter from shareholders that led to the lawsuit, as well as related documents that are under seal in a separate shareholder case on the same issue that’s before the Delaware Court of Chancery. Ware scheduled a hearing on March 20 to hear an update on the investigation.

Hurd resigned from HP in August after accusations about sexual harassment arose from Jodie Fisher, a onetime actress and former HP contractor. He was found not to have violated HP’s sexual harassment policy, but was found to have violated HP’s expense-reporting policy. After leaving HP, he went on to become co-president of Oracle, after Oracle CEO Larry Ellison criticized HP’s board of directors for its handling of the incident.

Word of a new probe comes in response to a shareholder lawsuit in federal court in California claiming that HP paid Hurd too much in severance when he left. In the meantime, both HP and the shareholders suing have asked the judge to put the case on hold until the investigation is complete.

Hurd says he wants to see a copy of the shareholder demand that led to the lawsuit, and will oppose the delay in the case until that happens. HP says that as a subject of the inquiry, Hurd isn’t entitled to see any of the documents in question.

In the Delaware case, Hurd’s lawyers argued that the original letters from Jodie Fisher, a onetime actress and a former HP contractor who accused Hurd of sexual harassment, shouldn’t be made public.

Hurd, you’ll recall, went on to become co-president of Oracle, after Oracle CEO Larry Ellison raked HP’s board over the coals for its handling of the incident. Ellison wasn’t alone, as former General Electric CEO Jack Welch later piled on.

Twitter has been ordered by a U.S. federal judge to turn over documents related to several people involved with WikiLeaks to the Justice Department.

Tonight, a Twitter spokeswoman responded to a request for comment on the situation:

“We’re not going to comment on specific requests, but, to help users protect their rights, it’s our policy to notify users about law enforcement and governmental requests for their information, unless we are prevented by law from doing so. We outline this policy in our law enforcement guidelines.”

In an onstage interview I did with Twitter CEO Dick Costolo at a D@CES event last night in Las Vegas, he referenced the issue, but would not give any specifics.

While he said he could not talk about WikiLeaks specifically, he indicated that he disliked government mandates to keep things quiet and reiterated Twitter’s desire to connect people with useful information.

“We’re going to lash out at things that prevent us from doing that, as aggressively as we can,” said Costolo, who also used Twitter crackdowns in China as an example.

It might be a Herculean task to fight the federal government, which is aggressively going after WikiLeaks and its founder, Julian Assange.

Some Web companies, such as eBay’s PayPal unit, have cut off WikiLeaks.

On the other hand, Twitter took legal action to unseal the court order, which allowed it to inform those involved, giving them 10 days to object. Otherwise, the San Francisco microblogging service would have had to turn over information without the knowledge of these users.

There will surely be more of these to other Web companies, with obvious candidates being Google and Facebook.

The order from the U.S. District Court for the Eastern District of Virginia is ordering Twitter to fork over subscriber names, user names, screen names, mailing addresses, residential addresses and more of several people involved with WikiLeaks.

But you can read for yourself–here is the court order, as well as the unsealing order:

twitter1

twitter2

In November, Google sued the Department of Interior, arguing that the Google Apps platform was frozen out of the bidding. Today, a federal judge, Susan Braden, sided with Google by issuing a preliminary injunction preventing the department from deploying Microsoft’s Business Productivity Online Suite. Braden also found that Google had made a preliminary showing that the department had violated a 1984 regulation on competitiveness in government contracts.

Google and a reselling partner, Onix Networking, had argued in court that the Interior Department’s request for bids specifically excluded Google Apps by stating the system had to include the Microsoft product.

The case isn’t over, but it’s certainly not looking good for the Interior Department, which may be forced to reconsider Google Apps for the contract.

So when Oracle’s damage expert, Paul Meyer, offered his estimate of what SAP should pay Oracle it ended up being $1.66 billion, which is obviously a substantial sum, but less than the one Oracle has been seeking and significantly less than the $4 billion figure Oracle CEO Larry Ellison was tossing around on Monday.

Good news for SAP–particularly after yesterday–and one that the company hopes is the beginning of a trend. “The ruling of the Court has an immediate and demonstrable impact on Oracle’s damages presentation, reducing the total by $500 million, from $2.2 billion down to $1.6 billion,” an SAP spokesperson told me. “This is the second such reduction by the Court and we are confident that, when the jury hears our case presentation, the outcome of the case will reflect the actual damages the limited actions of TommorowNow had upon Oracle.”

Oracle declined to comment on the matter.

PREVIOUSLY:

• SAP Attorney: Board Knew TomorrowNow Was Infringing at Time of Acquisition
• Oracle Co-President on SAP’s Damages Offer: “It’s Crazy”
• Oracle Enlists Process Servers, Not PIs, to Find HP CEO
• Oracle-SAP Trial: Ellison Swaps Katana for Poison Darts
• Objection: Mr. Ellison Is Referring to the Defendant as “Choleric of Temper” Again
• Oracle Lands Early Shots in SAP Trial
• Your Honor, We Object to Mr. Ellison’s Repeated Use of the Term “Slimy Weasels”
• Oracle to HP CEO: Chicken!
• Oracle Vs. SAP: We Got a Right to Pick a Little Fight–Bonanza!
• SAP’s Tab in Oracle Case: $120 Million and Counting
• Gag Order Denied in Oracle, SAP Trial
• Ellison Taunts HP CEO a Second Time
• SAP to Ellison: Save the Drama for Your Mama
• Ellison to HP CEO: “Warrior, Come Out to Plaaeeay!
• SAP: Please Gag Oracle
• HP Scandal Sucks in New York Times Columnist Over Conflict of Interest
• Welch to HP Board: You Don’t Know Jack!
• Insiders Criticize Ellison For HP CEO Slam
• Was Apotheker HP’s First Choice of CEO?
• HP Names Ex-SAP Chief Apotheker as CEO

According to a prehearing examination of the patents at issue in the case by the staff of the U.S. International Trade Commission, Apple hasn’t provided enough evidence to establish a violation of its rights. The ITC’s early read on 13 patents Cupertino has accused Nokia of violating is that some were not violated at all and some aspects of others are invalid.

Now this doesn’t mean that Apple is destined to lose this particular battle; ITC Judge Charles Bullock isn’t obligated to follow his staff’s recommendation. But it is something of a setback for Apple, which has asked the Commission to block the import of Nokia phones into the States.

Oracle, in its opening argument, slagged SAP as a sinister and scheming rival, claiming the company’s leadership knew it was taking a risk by buying TomorrowNow, which was found to have infringed Oracle’s intellectual property. “SAP could have chosen to compete fairly,” Oracle attorney Geoffrey Howard said. “Instead it chose to buy TomorrowNow, a company that the board of directors at SAP knew was competing unfairly. It did that because it expected to make enormous amounts of money and inflict enormous amounts of harm on Oracle by using its intellectual property.”

And SAP, in its opening argument, derided Oracle as a company deluded by its own avarice into seeking a ridiculously inflated damages award. Oracle wants “a windfall,” SAP attorney Bob Mittelstaedt told the jury. “They want a bonanza that is out of all proportion to the harm they suffered.”

According to Mittelstaedt, SAP should have to pay only for the software sales Oracle lost as a result of TomorrowNow’s malfeasance, and those number less than 500.

And that’s the point of contention around which this case will orbit. Because Oracle claims that SAP, with its acquisition of TomorrowNow, was looking for a bonanza of its own and just didn’t get it.

Memos presented by Howard on Tuesday show that SAP estimated its acquisition of TomorrowNow would disrupt Oracle’s applications business enough to cause a 10 percent decline in the company’s share price, trimming about $7 billion off its market cap.

In other words, the intent was there; the execution was just lacking. Just because SAP didn’t benefit significantly from TomorrowNow’s improper downloads of Oracle software and documentation doesn’t make those downloads any less improper.

PREVIOUSLY:

• SAP’s Tab in Oracle Case: $120 Million and Counting
• Gag Order Denied in Oracle, SAP Trial
• Ellison Taunts HP CEO a Second Time
• SAP to Ellison: Save the Drama for Your Mama
• Ellison to HP CEO: “Warrior, Come Out to Plaaeeay!
• SAP: Please Gag Oracle
• HP Scandal Sucks in New York Times Columnist Over Conflict of Interest
• Welch to HP Board: You Don’t Know Jack!
• Insiders Criticize Ellison For HP CEO Slam
• Was Apotheker HP’s First Choice of CEO?
• HP Names Ex-SAP Chief Apotheker as CEO

Under an agreement filed Monday, SAP said it is willing to pay Oracle for “past and future reasonable attorneys fees and costs” as part of a deal in which TomorrowNow would stipulate “to entry of judgment on Oracle’s claims for violations of the Federal Computer Fraud and Abuse Act and California’s Computer Data Access and Fraud Act, breach of contract, intentional interference, negligent interference, unfair competition, trespass to chattels, unjust enrichment/restitution and an accounting.” In exchange for the admission, Oracle would not seek additional punitive damages. The joint stipulation would need judicial approval.

Still, the real damages here are those related to copyright infringement. So while ducking punitive damages will certainly reduce SAP’s ultimate bill, it’s not likely to bring it that much closer to the “tens of millions” it contends Oracle is legitimately owed. Indeed, Oracle still has its sights firmly set on that $2 billion figure, which to be clear is copyright only. In opening arguments today, Oracle attorney Geoffrey Howard said the company will produce evidence to show SAP “expected the benefit to them and the harm to Oracle to be in the billions of dollars.”

PREVIOUSLY:

• Gag Order Denied in Oracle, SAP Trial
• Ellison Taunts HP CEO a Second Time
• SAP to Ellison: Save the Drama for Your Mama
• Ellison to HP CEO: “Warrior, Come Out to Plaaeeay!
• SAP: Please Gag Oracle
• HP Scandal Sucks in New York Times Columnist Over Conflict of Interest
• Welch to HP Board: You Don’t Know Jack!
• Insiders Criticize Ellison For HP CEO Slam
• Was Apotheker HP’s First Choice of CEO?
• HP Names Ex-SAP Chief Apotheker as CEO

[Image credit: Pre-Ellison Samurai image by Artem Mirolevioch]

Bad news for SAP, Hewlett-Packard, it’s new CEO Léo Apotheker and anyone else tarred and feathered in Oracle CEO Larry Ellison’s recent fusillade of anti-SAP broadsides. A federal judge has denied a request for a gag order in the increasingly contentious legal battle between Oracle and SAP.

According to a court filing made public this morning (click on image above to enlarge), U.S. District Judge Phyllis Hamilton denied Oracle’s request for a three-day delay in the trial and ordered it to begin as scheduled on Monday, without the additional restrictions on extrajudicial communication SAP had requested.

Nonetheless, SAP–which, in a change of strategy, will not contest Oracle’s allegations that it contributed to acts of copyright infringement committed by its discontinued TomorrowNow unit–pronounced itself satisfied, saying in a statement, “The decision to narrow the scope of the trial and to start the trial on time will keep the focus on the core issues and eliminate the unnecessary sideshow. This will increase the chance of a faster resolution and we couldn’t be more pleased.”

So expect jury selection to occur on Monday, opening arguments on Tuesday and the rhetorical jousting we’ve seen to date to continue.

PREVIOUSLY:

• Ellison Taunts HP CEO a Second Time
• SAP to Ellison: Save the Drama for Your Mama
• Ellison to HP CEO: “Warrior, Come Out to Plaaeeay!
• SAP: Please Gag Oracle
• HP Scandal Sucks in New York Times Columnist Over Conflict of Interest
• Welch to HP Board: You Don’t Know Jack!
• Insiders Criticize Ellison For HP CEO Slam
• Was Apotheker HP’s First Choice of CEO?
• HP Names Ex-SAP Chief Apotheker as CEO

With All Things Digital Global HQ located in the heart of the Castro in San Francisco, BoomTown tries hard not to judge–even that dude who likes to come into the Starbucks (SBUX) naked.

But I made an exception to be a judge for an innovative civic geek contest that New York City is doing for the second year called BigApps 2.0.

Get it? Big Apple…BigApps!

In any case, Mayor Michael Bloomberg is opening up a whole mess of government information–350 data sets from more than 40 agencies–and letting software developers have at it.

According to NYC:

“The City continues to open more data on the www.NYC.gov Data Mine as part of transparency initiative. The Data Mine was established for last year’s competition and, as part of the City’s efforts to promote transparency across agencies, all data will remain available for public use after the conclusion of the competition. Additional datasets will be made available throughout the year.”

Some of the new juicy data includes: CompStat data, buildings complaints and real-time traffic numbers.

The winners for the best apps created to help New York City citizens will get cash prizes totaling $20,000.

Last year, there were 84 apps, including a winner from Big Apple Ed, a guide to schools there.

The new winners will be announced in March of 2011, after fellow judges of mine–including Union Square Ventures’ Fred Wilson, Hunch CEO Chris Dixon and Betaworks CEO John Borthwick–decide who is the best.

And how much do you want to bet there will be a bed-bug app submitted this year?

Here’s the official press release from NYC:

MAYOR BLOOMBERG Launches NYC BIGAPPS 2.0 COMPETITION

More than 350 Datasets Provided by More than 40 City Agencies and Commissions, Doubling Last Year’s Availability

Competition Builds on Citywide Efforts to Increase Government Transparency and Provide Greater Public Access to City Data

Mayor Michael R. Bloomberg, Deputy Mayor for Economic Development Robert K. Steel and Deputy Mayor for Operations Stephen Goldsmith today launched NYC BigApps 2.0, the second annual contest for software developers and members of the public to create web or mobile applications using City data. Building upon the success of the inaugural NYC BigApps Competition launched in October 2009, the City has roughly doubled the number of datasets available, bringing the total to more than 350. These datasets provide developers and programmers with additional material, including public safety data, buildings complaints, and real-time traffic numbers from which to create new digital applications. Last year’s winning applications are today helping New Yorkers find mass transit routes, review public school information and gather an array of information based on their current location. This year’s winning applications will receive cash prizes totaling $20,000. Deputy Mayor Steel will detail the program this evening at NY Tech Meetup, a monthly meeting of tech entrepreneurs where companies and developers demonstrate new technologies. Deputy Mayor Steel will be joined at the announcement by New York City Economic Development Corporation President Seth W. Pinsky, Department of Information Technology and Telecommunications Commissioner Carole Post and Mayor’s Office of Media and Entertainment Commissioner Katherine Oliver.

“NYC BigApps combines two of our Administration’s important priorities: making civic information more readily available to New Yorkers and promoting innovation and entrepreneurship in New York City,” said Mayor Bloomberg. “The inaugural NYC BigApps competition yielded an array of creative uses for City data, and–with nearly twice as much data formatted for application use this year–there are even more possibilities with version 2.0.”

“The most important thing that the public sector can do to help create jobs through technology innovation is to provide our talented entrepreneurs with the tools to create new products,” said Deputy Mayor Steel. “The BigApps competition does this by providing open access to City Data. Through the competition, we encourage the development of applications that can then be commercialized, spurring job growth and economic development in New York City.”

“NYC BigApps is redefining the relationship between City agencies and enterprising citizens, all while delivering value to the public,” said Deputy Mayor Goldsmith. “Last year, NYC BigApps contestants came up with innovative applications that would have never been created in the normal course of business. There is more data available for use in this year’s competition, so the potential for new and innovative tools that can benefit New Yorkers is even greater.”

“Last year’s Big Apps competition was an enormously successful way to achieve multiple goals: supporting the City’s important technology sector, giving entrepreneurs opportunities to create new products, and increasing the accessibility and transparency of City government,” said New York City Economic Development Corporation President Pinsky. “This year’s expanded contest promises to promote even more innovation and creative thinking among the vibrant and growing tech community in New York. We look forward to seeing the results of their efforts.”

“NYC BigApps, and the DataMine site that supports it, sits at the heart of the City’s open data efforts,” said Department of Information Technology and Telecommunications Commissioner Post. “This effort complements the many other ways we’ve worked to bring technology to life for New Yorkers, including 311 Online and the 311 iPhone app. Beyond today’s competition, we’ll continue enhancing the functionality of DataMine and expanding the amount of data available there for use across the City and around the globe.”

“At the Mayor’s Office of Media and Entertainment, we’re exploring new ways to share information about City resources and services across multiple platforms,” said Commissioner Oliver. “Already we’ve reached new audiences through QR codes on the Staten Island Ferry and on the sides of sanitation trucks, and we’re making the content of our online Video On Demand player available on various mobile devices. The NYC BigApps Competition is the perfect opportunity to further communication between the government and the public.”

The NYC BigApps Competition is open to individuals, and companies and non-profit organizations with fewer than 50 employees. More than 160 datasets have been added to the 190 compiled for the inaugural competition. New York City Economic Development Corporation and the Department of Information Technology and Telecommunications coordinated with over 40 City agencies and commissions to provide the datasets, with 15 new City agencies, including the Department of Environmental Protection, the School Construction Authority and the Campaign Finance Board, participating in Data Mine for the first time. New data on public safety, the City budget, complaints to the Department of Buildings, and real-time traffic information will all be available for download today at www.nyc.gov/data .

The Data Mine was established for last year’s competition and, as part of the City’s efforts to promote transparency across agencies, all data will remain available for public use after the conclusion of the competition. Additional datasets will be made available throughout the year. Information and updates on the NYC BigApps competition, as well as official rules, can be accessed at the competition website: www.NYCBigApps.com .

Fourteen winners will be chosen in total, including two new prizes–best application created by a high school, college or full-time graduate school student; and a Large Organization Recognition Award for organizations with 50 or more employees, which will not eligible for a cash prize. A panel of judges from the technology and venture capital community will select winners for Best Overall Application (Grand Prize, Second Prize, Third Prize and five honorable mentions), Investor’s Choice Application, City Talent Award, Student Award, and the Large Organization Recognition Award. Two Popular Choice Application awards will be determined by public voting. Judging criteria will include the benefit to residents, visitors and City government; the quality and implementation of the idea; and potential commercial value.

All submissions are due on January 12, 2011. The Popular Choice Application winners will be selected by public vote through www.NYCBigApps.com between January 26 and February 26. Winners will be selected and announced at an awards ceremony to be held in March.

Last year’s winners included: WayFinder NYC–an application that allows users to find the nearest and best directions to New York City subway and New Jersey PATH stations; Taxihack–an application that allows users to post live comments on New York City taxis and their drivers via email (alert@taxihack.com) or Twitter (@taxihack); Big Apple Ed–an education application that provide residents with an easy-to-use guide to schools in the City, including school searches, top ten lists , analyses , comparison charts , and detailed school profiles ; and NYC Way–an iPhone application that bundles more than 30 New York City resources and provides information sorted by the user’s current location. The developer of NYC Way, MyCityWay, received the first investment by the NYC Entrepreneurial Fund, a $22 million seed and early-stage investment fund established by the City and managed by FirstMark Capital.

The judging panel is comprised of: Dawn Barber, Founder, Tech Meetup; John Borthwick, CEO, Betaworks; Chris Dixon, CEO & Co-founder, Hunch; Esther Dyson, Chairman, Edventure; Stuart Ellman, Co-Founder & General Partner, RRE Ventures; Lawrence Lenihan, Founder, CEO and Managing Director, FirstMark Capital; Danny Schultz, Co-founder & Managing Director, Draper Fisher Jurvetson Gotham Ventures; Naveen Selvadurai, Co-founder, Foursquare; Kara Swisher, Co-Executive Editor, AllThingsD.com; and Union Square Ventures Partner Fred Wilson.

“We are thrilled to be powering the second NYC BigApps competition, with significantly more data made available for software developers and the general public,” said ChallengePost Founder and CEO Brandon Kessler. “We were wowed by the creativity of the apps in the first competition, and we look forward to giving new entrants the great exposure they deserve.”

“New York is home to some of the world’s best developers,” said Foursquare Co-founder Naveen Selvadurai. “It is great to see the City rewarding this talent and taking advantage of it to increase transparency and make the wealth of information on NYC.gov more easily accessible.”

Earlier this week, the three companies filed amicus briefs in support of Google and YouTube, which are defending themselves against a $1 billion copyright lawsuit by Viacom. In the briefs, they urge the judge presiding over the case to dismiss Viacom’s suit, claiming to do otherwise is to violate protections given Google under the Digital Millennium Copyright Act.

From the briefs:

[Viacom's] legal arguments, if accepted, would retard the development of the Internet and electronic commerce, create uncertainty for service providers regarding their legal exposure for alleged infringements, and inhabit the growth and development of user-centric online models that, day after day, make the Internet and the world more democratic.

The expression of support by Yahoo (YHOO), Facebook and eBay (EBAY) for Google follows a similar move by Hollywood. Earlier this month, Warner Bros., NBC Universal, Disney, the Screen Actors Guild and Directors Guild of America filed amicus briefs of their own arguing, as Viacom (VIA) has, that Google (GOOG) is not protected by the DMCA, which shields Internet service providers from liability for copyright violations committed by users.

The friends of the court in this case, then, are aligned on both sides. All that remains is to determine whether the DMCA protects YouTube. And Viacom is confident that the court will determine that it does not.

“The courts have been clear that creating and building a Web-based business on the intellectual property of others is illegal,” a Viacom spokesperson told Bloomberg. “That is exactly what YouTube did in its formative years. Nothing in this case threatens the principles of the DMCA or the ability of legitimate Internet-based businesses to flourish.”

A lot of this stuff has been out in one form or another, but the narrative is pretty fascinating. If you plow through the document embedded at the bottom of the post, bear in mind that it’s a tale told by Matthew Broad, a detective in San  Mateo County Sheriff’s office. So it’s possible that other parts of the story, and/or different versions of the same story, may still end up coming to light.

Among the highlights:

• Apple knew that Brian Hogan, the 21-year-old who found the iPhone, had the thing because his roommate, Katherine Martinson, called and told the company he had it. Her reasoning, according to Apple (AAPL) security chief Rick Orloff: “Suspect Hogan connected the stolen iPhone to her computer and she believed that Apple would eventually trace the iPhone back to her via IP addresses. Therefore she contacted Apple in order to absolve herself of criminal responsibility.”
• Martinson told police that Hogan had offered the phone to Gizmodo, AOL’s (AOL) Engadget.com and PC World. While Gizmodo owner Gawker Media had previously said it paid $5,000 for access to the phone, the affidavit is a bit fuzzier. Martinson says Hogan told her Gizmodo offered $10,000 for the gadget and later said he’d received $5,000 from Gizmodo and a total of $8,500. But she wasn’t clear where the other $3,500 came from. “Martinson said Hogan also told her that he will receive a cash bonus from Gizmodo.com in July if and when Apple makes an official product announcement regarding the new iPhone.”
• There’s a long cops-and-robbers interlude where police show up at Hogan’s house, but he takes off and is eventually tracked down at his father’s place. In the end, Hogan and Thomas Warner, another roommate, help the cops retrieve a computer, a flash drive and other equipment they’d removed from their place “in order to ‘protect’” Hogan.
• Apple CEO Steve Jobs did indeed reach out to Gizmodo to ask for the phone back. Here’s editor Brian Lam’s response to Jobs, via email (click to enlarge):

And here’s the entire affidavit, which we’re able to see because a group of media companies, including CNET, Bloomberg, Wired and the Los Angeles Times, petitioned a California judge to unseal it. Gawker Media, via COO Gaby Darbyshire, declined to comment on the affidavit and its contents.

UPDATE: Here’s Gawker’s position, via an email Darbyshire sent Saturday afternoon:

First of all, the warrant and supporting affidavit do not appear to acknowledge the sanctity of the newsroom or even address the serious issues at stake.

Second, the idea that it is a felony trade secret theft to photograph an item that was admittedly left in a bar is ridiculous.

Finally, Gizmodo from the start was attempting to investigate if this item was a genuine prototype of a product belonging to Apple; we believed that confirmation of its authenticity and ownership quite reasonably needed to be made in writing – and once we obtained that, the item was returned immediately.

EFF has a detailed piece on the warrant issue here.

Gizmodo-iPhoneOrder

And we’re off! Court filings in the YouTube-Viacom suit were just unsealed and both sides are distributing them now.

This post will be a work in progress as I ingest the paperwork. I’ll link to places where you can sort through the files for yourself, and I’ll be posting what I can on this site as well. Most important, I’ll try to interpret the documents and pull out the most interesting stuff.

As we start, a reminder of what we’re looking at: Both sides are releasing their legal arguments and supporting evidence in the three-year-old case. In short, Viacom (VIA) says that Google’s (GOOG) video site infringed on its copyright and wants a billion dollars in damages; YouTube says the site is protected by federal law.

Slightly longer version: Viacom is arguing that YouTube is a giant version of Napster and Grokster, the music file-sharing sites knocked down in earlier court rulings. That makes it important for the cable network to show that YouTube executives knew users were uploading licensed work and that the executives were encouraging it.

YouTube, meanwhile, is arguing that the company has always tried to discourage users from uploading licensed stuff and has gone to great lengths to take down stuff that copyright owners don’t want there. The video service also argues that Viacom has uploaded plenty of its stuff to YouTube on its own and continues to do so. Key part of Google’s defense, in plain English:

Given Viacom’s own actions, there is no way YouTube could ever have known which Viacom content was and was not authorized to be on the site. But Viacom thinks YouTube should somehow have figured it out. The legal rule that Viacom seeks would require YouTube–and every Web platform–to investigate and police all content users upload, and would subject those web sites to crushing liability if they get it wrong.

It’s important to remember that all of this is already old news to the U.S. District Court judge who will rule in the case. While this may seem like a reality show, the public doesn’t get a vote on this one.

Now let’s get to the filings. Here is Viacom’s request for summary judgment, followed by its “statement of undisputed facts”–essentially supporting evidence. Viacom is also posting most of the documents and depositions here, though some items have been redacted.

Viacom Summary Judgment Motion –

Viacom Statement of Undisputed Facts –

And here’s a link to YouTube’s statement. The company’s legal memorandum follows:

20100318_google_viacom_youtube_memorandum

Below is a statement from YouTube co-founder Chad Hurley, which amounts to a legal version of a press release. Note the many references he makes to his desire to keep the site free of copyrighted stuff–at least initially.

C Hurley Declaration –

“Through what charitably could be called an attempt at legal alchemy, Apple employs revisionist history, misleading characterizations, unsupported allegations and flawed and contradictory legal theories to turn these fruitless negotiations into a multi-count federal lawsuit,” Nokia (NOK) said in papers filed in federal court in Wilmington, Del. (full document embedded below).

“These non-patent counterclaims are designed to divert attention away from free-riding off of Nokia’s intellectual property, a practice Apple evidently believes should only be of paramount concern when it is the alleged victim,” the filing continued.

“Legal alchemy”? Where’s Nokia looking for legal inspiration, the Salem Witch trials?

Anyway, a blistering condemnation, but no more so than the one Apple (AAPL) let fly against Nokia in December, when it accused the company of copying the iPhone after finding itself caught flat-footed by the device’s success.

In 2007, Apple introduced the iPhone a ground-breaking device that allowed users access to the functionality of the already popular iPod on a revolutionary mobile phone and Internet device. The iPhone is a converged device that allows users to access and ever expanding set of software features to take and send pictures, play music, play games do research, serve as a GPS device and much more….The iPhone platform has caused a revolutionary change in the mobile phone category.

In contrast, Nokia made a different business decision and remained focused on traditional mobile wireless handsets with conventional user interfaces. As a result, Nokia has rapidly lost share in the market for high-end mobile phones. Nokia has admitted that, as a result of the iPhone launch, the market changed suddenly and [Nokia was] not fast enough changing with it.

In response, Nokia chose to copy the iPhone, especially its enormously popular and patented design and user interface….

As Anssi Vanjoki, Nokia’s executive Vice President and General Manager of Multimedia, stated at Nokia’s GoPlay event in 2007 when asked about the similarities of Nokia’s new offerings to the already released iPhone: “[i]f there is something good in the world, we copy with pride.” True to this quote, Nokia has demonstrated its willingness to copy Apple’s iPhone ideas as well as Apple’s basic computing technologies, all while demanding Apple pay for access to Nokia’s purported standards essential patent. Apple seeks redress for this behavior.

Seems to be quite a battle in the offing here. That said, we’re not likely to see a victor declared for another year or two. According to Nokia’s filing, the Delaware case probably won’t go to trial until spring of 2012. The International Trade Commission, however, is expected to issue its decision on the matter in June 2011.

031110 Nokia’s Opening Brief in Support of Motion to Dismiss _D.I. 26_ –

If you don’t believe me, see for yourself: Head over to any major Web publisher and try to watch more than 15 seconds of its clips. Tough odds.

So I have a lot of admiration for people who are figuring out how to do interesting stuff with Web video.

And I kept that in mind last month when I spent the day judging video entries for the “digital Ellies,” the online awards handed out by the American Society of Magazine Editors every year.

The new list of finalists is out now, and you can see some of them below.

The ASME folks have asked me not to talk about the specifics of our discussions (or to identify fellow judges), but I did want to make one note: All of those I worked with have to deal with the reality of Web economics in their day jobs. So we’re not oblivious to the fact that some of this stuff may not be a practical option for some Web publishers.

You’ll have a hard time selling ads against a 20-minute documentary on environmental destruction in West Virginia, for instance. But we also wanted people to see just how many options Web video offers if you think broadly about this stuff. And we also made a point of including some stuff that a publisher could conceivably use to generate dollars, like interviews with movie stars.

One big bummer: The majority of our finalists don’t allow embedding. So I can’t actually show you their stuff, and will have to settle for directing you to their sites. Apologies. The list of all the digital ASME finalists is here, and winners will be announced March 18.

Reason.tv: UPS vs. Fedex: Ultimate Whiteboard Remix

Oxford American: “SoLost” series

SoLost: Wayne White Goes Thrifting from Oxford American on Vimeo.

Yale Environment 360: Leveling Appalachia: The Legacy
of Mountaintop Removal Mining

National Geographic: Redwoods: The Super Trees

“T,” New York Times Style Magazine, Screen Test series

Oh, there’s no question in the often paranoid mind of BoomTown that Google is one scary company, mostly due to its huge market share in search across the globe.

Check out this eye-popping chart below from a story in The Wall Street Journal today on this very subject, for example, if you care to share my wariness.

Thus, there is no doubt that the preliminary scrutiny over antitrust complaints the company is getting from the European Commission, which Google (GOOG) has forcefully denied, is not untoward, even if those complaints have been leveled by companies affiliated with archrival Microsoft (MSFT).

There will be more to come, of course, as Google’s growing power is targeted by those interested in stopping its growth–both those with pure motives and not-so-pure.

But no matter how you slice the monopolistic pie, Google most certainly did not deserve, nor should anyone tolerate, the conviction in Italy of three of its execs on privacy violations.

A judge in Milan said the trio had not complied with Italian law because they allowed a disparaging video of a boy with Down Syndrome being harassed by other teens to be posted on the company’s former Google Video site, even though it was quickly yanked,

An appeal is already in the works, which is a good thing since it’s hard to imagine how such a ruling will stand and how any company can police itself so stringently given the mass of user-generated content.

While every online company must have strict rules to prevent such abuses, this case is a little like blaming the telephone company if one gets an abusive call.

And while Google most certainly deserves some of the legal attention it is getting, this ruling should make every U.S. Internet firm–including Microsoft–scared not of Google’s frighteningly powerful search algorithm, but of Italy’s horrifyingly idiotic legal system.

Italian-Americans–of which I am one–or anyone else can gripe all they want about “The Situation.”

But–make no mistake–this is the real situation.

Rob Glaser (pictured here) called BoomTown when he landed in Washington, D.C., only a few hours after he announced Wednesday he was stepping down as longtime CEO of RealNetworks (RNWK).

Digital Daily reported there was some contention between Glaser and the Real board around his departure from the Seattle-based company he founded 16 years ago, a move that has actually been in the works for some time.

While Glaser did say that he had been through the “most intense two weeks of my life,” leading up to that, he declined to comment more about the specifics of his leaving.

That was fine with me, because–although execs come and go in various and sundry ways–you simply have to give Glaser credit for his pioneering work in bringing both audio and video to the Web.

So Glaser and I talked about this and more, from what he thinks are the key highlights of his Internet career until now to what he plans to do next.

First and foremost, Glaser did “give the Internet a voice,” as I wrote in a 1998 profile of him for The Wall Street Journal about his company’s introduction of its first RealAudio product:

“RealAudio was greeted with more than a little disdain from the Internet elite because it was a tinny and unsatisfying experience for most users. But it gave the Internet a voice, and Mr. Glaser kept plugging away, improving fidelity and striking deals with more content providers to use it on their Web sites.”

Glaser said that was the simple idea behind Real, to “turn the Web from text and static links to a dynamic media space for the mainstream to enjoy.”

That effort began in earnest in the mid-1990s, he noted, by selling “tech enablement,” which simply meant hawking servers and software to companies interested in adding audio and, later, video, to their Web sites.

So successful was Real then that many big companies tried to buy it for huge sums. But ever the aggressive entrepreneur, Glaser never sold–unlike Mark Cuban at Broadcast.com–although many wished he had.

But that was simply not his style, he said; plus, business was booming and it was “like selling pickaxes during the Gold Rush.”

It is an apt metaphor since the next major moment for the company came when the Web 1.0 bubble burst in 2000.

“A lot of great–and also not so great–companies just died,” he said.

To avoid that fate, “We pivoted in a hard way to consumer services and avoided the tailspin,” Glaser added. “It was kind of like when the woolly mammoth evolved into an elephant, while the pterodactyl did not turn into anything.”

That meant creating a variety of consumer-focused media offerings that used Real technology, such as its casual games business and its Rhapsody music service.

Real also shifted its tech licensing business to a carrier services model, Glaser said.

He regularly tangled with Microsoft (MSFT), where he started his career as a very brash 21-year-old. The software giant targeted Real’s business, but also cooperated with the company at times.

And, while the games unit and Rhapsody hit some major bumps, Real did score a whopping $761 million antitrust settlement in 2005 from Microsoft.

But that win was some time ago, and Real idled too much, as did its stock, in the following years, even as Glaser plugged away at creating a variety of new businesses and strategies.

Some were off limits, he said when I asked him why he did not come up with a service like YouTube, given Real’s advantages in video early on, noting that his public company could never had created a service that so antagonized Hollywood partners.

But Glaser did just that more recently with one such innovative idea for a “legal” DVD ripper, called RealDVD.

Though very interesting, RealDVD hit the skids quickly when a federal judge last week dismissed Real’s claims against Hollywood studios seeking to shut down the service before it could be widely distributed.

While that specific defeat was not the reason for his leaving RealNetworks, the idea that it was time to bring new blood to the company finally gained traction with investors, the board, employees and, yes, Glaser too.

What the notoriously hard-charging executive–“My intensity sometimes manifested itself in less positive ways,” Glaser conceded in my 1998 interview with him–will do next is anyone’s guess.

Including his own.

Glaser noted that he would remain chairman of Real, although his day-to-day engagement there is now over.

“It is a big transition for me, because I am closing a chapter I have been in for a very long time,” he said, adding that he would probably do more philanthropic and political work.

(That’s no surprise. After all, Real was once called Progressive Networks, after his liberal politics, and Glaser once had a newspaper column called “What’s Left” while at Yale University.)

Glaser said that on the flight to Washington he thought about the advice Lotus founder Mitch Kapor, one of Real’s earliest investors, gave him when he left Microsoft and was thinking about his next step:

You should take time to figure out what you want to do next and know why you want to do it. Because if it’s successful, once you get going you won’t have time to think through those issues as clearly as you can now.

That’s pretty much been Glaser’s modus operandi over his many years at Real and in the larger Internet space: He pushed his vision of a live Internet forth, he never cut and ran, he never sold, he kept pushing forward.

And you have to admire that kind of gumption, no matter the outcome.

In any case, it is likely Glaser will keep doing so in the years to come.

In fact, pointing out that the movement of entertainment and content online has “come a long way, but still has an even longer way to go,” Glaser started rattling off ideas about where the online media sector needs to go in exactly the same fashion I described a dozen years before.

I described Glaser then as: “speaking in staccato bursts and radiating so much intensity that his face resembles a clenched fist.”

In other words, for all the the lively entrepreneur has been part of as a key pioneer in the development of the Internet, some things will never ever change.

If you want to see Glaser in action, check out these three videos of him, two from the fifth D: All Things Digital conference and one of him talking to me about RealDVD when he introduced it at Demo:

Session interview at D5

Demoing RealPlayer 11 at D5

Talking about RealDVD

]]> http://allthingsd.com/20100115/realnetworks-rob-glaser-talks-about-giving-the-internet-a-voice-and-yes-woolly-mammoths/feed/ 2 http://allthingsd.com/20100113/rob-glaser-out-as-realnetworks-ceo/ http://allthingsd.com/20100113/rob-glaser-out-as-realnetworks-ceo/#comments Wed, 13 Jan 2010 20:50:56 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=32613

Rob Glaser is stepping down as CEO of Real Networks, the company he founded in 1994. Sources say the move was instigated by his own board, but that he cooperated with the decision and was involved in the transition.

Glaser will be replaced by Robert Kimball, a well-liked executive who most recently served as general counsel and executive vice president of corporate development at RealNetworks (RNWK).

Glaser, who will remain chairman of the Seattle-based Internet company, owns 38.4 percent of Real’s shares, making him by far the largest investor.

His move follows other significant news at Real: Last week, a federal judge dismissed its claims against Hollywood studios in the RealDVD case.

A few days earlier, COO John Giamatteo said that he would step down; the company announced that news yesterday afternoon.

But it is Glaser’s departure that is most important, given that he has been an innovative, pioneering and high-profile Internet leader for so long. Nevertheless, he eventually had to answer for problems with performance.

In fact, Glaser and the board had been talking for some time about making these changes, although it came much more suddenly than Glaser preferred, according to several sources. He had wanted to do a search for a new CEO before he left and make the shift less abrupt.

But the board–with the message coming from director Jonathan Klein, co-founder and CEO of Getty Images–felt a quicker change was needed.

“It’s a typical case of a founder and Internet visionary who can’t convert it to the bottom line. There was a great deal of admiration and respect for Rob, which delayed the decision, but eventually you can’t ignore the results,” says a person familiar with the company. “This move was a long time postponed, because he always had another good idea. But you have a staff whose options are all underwater, and the conversion of gross into net profit was not happening.”

It’s unclear when Glaser’s board informed him of the decision, but sources say that after processing the news, Glaser cooperated with and helped in the transition. He represented the company in a series of meetings at last week’s Consumer Electronics Show without letting on that he was on his way out.

He did, however, post an untypically melancholy message on Twitter yesterday:

Some Real employees and investors have had grievances with the company’s founder for years. A long string of former Real employees, for example, describe Glaser as a cantankerous boss, and Real’s stock price has withered since 2006, when it nearly broke the $12 mark.

The stock is now trading below $4.

And while Real was a genuine pioneer in Web video software and an early player in Web music services–the company was originally called Progressive Networks after Glaser’s political bent–it has been idling for many years.

For a while, for example, it was investing time and money in Web-based “casual games” and had filed to spin off that unit in 2008. But those plans were iced by the recession.

Meanwhile, RealNetworks split its Rhapsody music service into a joint venture with Viacom (VIA) unit MTV, but that service has also stalled, and the two partners have been trying to renegotiate the terms of their partnership.

Real’s crowning achievement of the past few years: The whopping $761 million antitrust settlement it won in 2005 from Microsoft (MSFT), Glaser’s former employer.

Here’s Glaser’s memo to his staff, followed by a note from Robert Kimball, and, finally, the company’s press release.

From: Rob Glaser
Sent: Wednesday, January 13, 2010 1:35 PM
To: All RealNetworks Employees
Subject: Important Personal News

Team,

Today we’re announcing something that I’ve been thinking about for a long time. Nearly 16 years after founding RealNetworks in 1994, I’ve decided to step aside from day to day operations. Accordingly, we’re announcing today that I am relinquishing my CEO job and will focus on my role as Chairman of Real’s board.

A decision of this magnitude produces a complex bundle of feelings. First, profound gratitude for the amazing colleagues I’ve had the opportunity to work with during a chapter that has turned out to be a third of my life. I am incredibly proud of the creativity, persistence, and commitment to excellence that our teams around the world bring to the table every day.

Second, deep appreciation for the billions (yes, billions!) of consumers that use or have used our products, the hundreds of millions of consumers that use our products every year, and the tens of millions of consumers that use our products and services every month. I am also grateful for the trust placed in us by our fantastic carrier and other distribution partners. Very few companies get to have the global reach and impact that we do.

Third, great confidence in the team that will be running the company day-to-day. As we kick off a search for my permanent successor, Real will be led by Bob Kimball as Acting CEO. Bob is one of the most passionate, hard-charging, and lucid executives I’ve ever had an opportunity to work with, and given his decade of leadership at Real, I am confident that the company won’t skip a beat.

Fourth, the bittersweet feelings that come from closing the book on a 16 year labor of love, emphasis on both labor and love. I feel very fortunate that as Chairman I will still get to carry the torch for everything that has made and will continue to make our company great.  And with 2 small children and a third on the way, I feel very lucky that the rhythm of my life can now change, at least for a time, to allow our family to do some things that might not otherwise have been possible. I also look forward to spending more time on civic and other projects outside of Real.

While there’s never an ideal time to make a change like this, this is as good a time as any. We’ve weathered the brunt of the Great Recession and have done what we said we wanted to do, which was to keep our core solid while also building for the future. We’ve also undertaken an extremely rigorous strategy review and have a very exciting road map for the future that you’ll hear about in the days and weeks ahead. And the start of a new decade is a good time, poetically, to pass the baton.

Thanks again for everything, and I hope to see all of you soon.

Rob

From: Robert Kimball
Sent: Wednesday, January 13, 2010 1:07 PM
To: Real@real.com
Subject: Important News

Dear Team,

Rob Glaser, our founder, has resigned as CEO effective today. Rob is sending out a separate note discussing his decision. While Rob will no longer have an operating role, he will continue to serve as Chairman of the Board. We look forward to continuing to work with Rob and I want to thank him for making RealNetworks what it is today and leaving us with a strong foundation upon which to build.

The Board has asked me to assume Rob’s executive responsibilities and has appointed me President and acting CEO. The Board of Directors will consider candidates for the permanent CEO role in the coming months. The senior executive team is galvanized and committed to making RealNetworks a company where customers love our products, employees are excited about being here, and we create value for our shareholders. We want RealNetworks to be a more focused, faster growing and profitable company. We are going to simplify the way we do business, empower employees to do their jobs, and hold people accountable for their results. I look forward to working with all of you to transform RealNetworks as part of this next chapter.

As part of transforming RealNetworks, I am personally committed to providing you with candid, clear and frequent communication so you know where we stand and where we want to go. In the coming weeks, we will be sharing with you changes in the way we operate and organize our business. And we want you to talk to us. Tell us when we are succeeding and when we are failing to make the changes necessary to transform. We plan to hit the ground running and we will need your help and input to succeed.

As you learned yesterday, John Giamatteo announced that he will be leaving in April to pursue another opportunity. John has built a great team here are Real and is completely supportive of the executive team going forward and will be working closely with all of us to ensure a smooth transition. Finally, I want to thank all of you for your contributions to RealNetworks. Our employees are our greatest asset and I humbly ask for your support and commitment to build our company into the great company we all know it can be.

Best to all,

Bob

REALNETWORKS’ FOUNDER ROB GLASER STEPS DOWN AS CEO

Company appoints Robert Kimball President and Acting CEO

SEATTLE–January 13, 2010 Digital entertainment services company RealNetworks, Inc., (Nasdaq: RNWK) announced today that founder Rob Glaser has stepped down as CEO. He will remain chairman of the board of directors of RealNetworks. The company also announced that its board of directors has appointed Robert Kimball president and acting chief executive officer. The board also appointed Mr. Kimball to the board of directors.

“After nearly 16 years, I’ve decided it’s time for me to step away from day-to-day operations,” said Glaser. “I’m grateful to all of our stakeholders–customers, partners, shareholders, and most of all, employees–for the support and commitment they’ve given to RealNetworks. I remain committed to the company and look forward to continuing to serve in my capacity as board chairman.”

In February 1994, Mr. Glaser founded what was then known as Progressive Networks, a pioneer in the field of digital audio and video technology for the Internet. Under his leadership, Real has grown into a multinational company, providing digital entertainment products and services to hundreds of millions of consumers around the world.

“Few people have changed an industry and created a unique experience for billions of people,” said Jonathan Klein, a board member of RealNetworks and the co-founder and CEO of Getty Images. “Rob has changed the face of digital entertainment with RealNetworks’ streaming media products. At the same time Rob has had a profound impact on politics and philanthropy. I’m sure he will continue to do this extraordinary work as well as spending time with his wife and young children. We are grateful for all he has done for the company, the industry and employees, and are pleased that he will continue to serve on the board.”

Bob Kimball joined the company in 1999 and has been a member of the senior executive team since 2003. He most recently served as general counsel and executive vice president of corporate development at Real. “In the decade he’s been at Real, Bob has proven to be an outstanding business executive and leader, and under his leadership the company won’t skip a beat,” said Mr. Glaser. “Our board has great confidence in Bob, and he will be a candidate for the permanent CEO position as part of a formal search process that will begin soon.”

“I look forward to the opportunity ahead,” said Mr. Kimball. “Real has a great team in place, a strong financial position, close customer relationships and fantastic products. We plan to transform Real into a more focused and more profitable company that delivers value to our shareholders.”

[Peter Kafka contributed to this report.]

]]> http://allthingsd.com/20100113/rob-glaser-out-as-realnetworks-ceo/feed/ 0 http://allthingsd.com/20100113/google-vs-china/ http://allthingsd.com/20100113/google-vs-china/#comments Wed, 13 Jan 2010 20:49:54 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=32652

]]> http://allthingsd.com/20100113/google-vs-china/feed/ 0