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WTO ruling revives debate over China's rare earths trade
China suffered another setback at the WTO yesterday, thanks to a ruling that could spell trouble for its controversial rare earths industry. In a decision issued Monday, a WTO panel determined that the Chinese government has been acting in violation of international trade rules, due to export restrictions on a number of raw materials. These restrictions, the panel said, allowed Beijing to inflate global market prices, while giving an advantage to domestic producers. As a result, China will likely have to adjust its trade policies to comply with WTO regulations. In a statement, the country's Ministry of Commerce said it "deeply regrets" the decision, but confirmed that the People's Republic will adhere to it. This week's ruling applies to materials like bauxite, coke, magnesium, manganese and zinc, but, most notably, does not apply to rare earths -- a group of 17 elements critical to the production of tablets, smartphones and myriad other gadgets. China has maintained a rather tight grip over the world's rare earths market, thanks to a slew of export controls, quotas and government-erected barriers to entry. The country has come under intense international pressure in recent years, with the US, EU and Mexico filing complaints with the WTO, arguing that China's price-inflating restrictions violate international trade agreements. Beijing, for its part, has long maintained that its export controls are designed to minimize the environmental impact of rare earth mining, while meeting the country's surging domestic demand. It's an argument that's come up a lot during this debate but one that the WTO, on Monday, deemed illegitimate, stating that China has thus far been "unable to demonstrate" the environmental benefits of its policies. The decision won't have any immediate bearing on these policies, but some observers are hopeful that it may be a sign of things to come. Michael Silver, CEO of rare earth processor American Elements, told Reuters that the ruling "confirms the existence of the two-tiered price structure that has caused so much concern," with EU Trade Commissioner Karel De Gucht adding that the decision should force China to remove restrictions on both the aforementioned raw materials and rare earths, alike. Others, however, aren't so optimistic, pointing out that, with a full 95 percent of the rare earths market under its aegis, China could realistically afford to ignore any decisions handed down from the WTO in the future.
Apple receives week-long extension on Aussie Galaxy tab ban
Australia's High Court has decided to extend Apple's temporary injunction against sales of the Samsung Galaxy Tablet 10.1 in Australia for a week, reports GigaOM. The delay will give the court time to consider Apple's request for permission to appeal the end of the ban, which was struck down on Wednesday. It's possible that Apple's immediate intention here is to continue to keep the Galaxy Tablet 10.1 off of Australian shelves during the all-important holiday sales period. Losing a week of retail in December could be more detrimental than a similar loss during the rest of the year. In fact, such a costly delay could prompt Samsung to scrap an Australian release entirely. Apple believes the Tab infringes on its patents for the iPad, while Samsung is obviously arguing in the other direction. The High Court is scheduled to announce a decision within the next seven days.
Apple rejects Samsung's settlement offer in Australia, seeks to 'maintain the status quo'
"Thanks, but no thanks." That's essentially what Apple told Samsung today, in rejecting an offer to end their ongoing patent dispute in Australia. Samsung's proposed settlement, presented on Friday, would've allowed the manufacturer to sell its Galaxy Tab 10.1 within Australia as early as this week, despite Apple's contention that the tablet infringes upon a handful of its patents. The agreement would've also resulted in a speedy court decision, but today, Cupertino told an Australian court that the proposal was simply unacceptable. "It is one we don't accept and there is no surprise," Apple attorney Steven Burley told reporters. "The main reason we are here is to prevent the launch and maintain the status quo." Samsung's lawyers, meanwhile, acknowledged that the rejection now lessens the chances for any settlement at all, arguing that a truce "is not going to be achievable... given the positions advanced by each party," and that the litigation may extend well into 2012. One of the Samsung's attorneys, Neil Young, added that his client isn't in a rush to conclude the dispute, speculating that it may take until March to prepare its defense. "If we can't get a decision out by mid-October, there is no urgency," Young explained. Neither Samsung nor Apple have offered official comment on today's developments, but we'll keep you abreast of the latest.
Judge rules in favor of employees fired over Facebook post, orders them back to work
The National Labor Relations Board has weighed in on the role of social networking at the office, determining that employees can't be fired for what they post on Facebook -- as long as they use the platform to talk about improving their workplace. The NLRB's ruling, announced on Wednesday, stems from an incident last year, when an employee at the Hispanics United of Buffalo non-profit organization went on Facebook to complain about a co-worker who accused her of slacking off at the office. Other colleagues soon chimed in on the woman's wall post with a slew of profanity-laced comments, before the targeted employee noticed the thread and reported it to a supervisor. Citing the agency's zero-tolerance policy on cyber harassment, the boss fired the five employees who participated in the online discussion -- including one who went on to file a complaint with the NLRB. Last week, administrative law Judge Arthur Amchan finally issued a verdict in the case, determining that the employees retained the right to talk about "their terms and conditions of employment," as stipulated under the National Labor Relations Act. Because this particular Facebook thread involved discussion of "job performance and staffing levels," Amchan ordered Hispanics United to reinstate the employees. The decision marks the first time that an administrative judge has ruled on a Facebook-related workplace case, though the NLRB says it's received "an increasing number of charges related to social media in the past year" -- so it likely won't be the last. You can read the Board's statement in full, after the break.
Activision wins ruling, regains control of ModernWarfare3.com
The issue of the web domain ModernWarfare3.com, originally spotted thanks to a (presumably unofficial) Battlefield 3 promotion and later outed by DNS service GoDaddy, has been settled. You guessed it: Activision and its lawyers have prevailed. The National Arbitration Forum has decided unanimously in favor of the Call of Duty: Modern Warfare 3 publisher, saying that the three criteria necessary for a domain name transfer (that the name is confusing, the holder has no real interest in the domain name, and the name is "being used in bad faith") have all been met. The three-member panel has ordered that the domain name be transferred back to Activision. Currently, the domain name appears to be offline, but we presume it'll redirect right into the official Modern Warfare 3 site as soon as Activision is done. Too bad for Battlefield 3 fan and Florida resident Anthony Abraham, who tried to argue both fair use, and that the term "modern warfare" was generic enough to have a life outside of the video game world. Hopefully he's still got ElderScrolls5.com sitting in his back pocket, just waiting for a competitor to promote.
ITC patent ruling against Apple will stand, Kodak nods approvingly
July is shaping up to be a pretty good month for Kodak. Just a few weeks after granting the camera-maker a second wind in its ongoing patent battle against Apple and RIM, the ITC has issued yet another decision in its favor, determining that a May ruling against Cupertino will stand. At issue is an Apple complaint, filed in April 2010, charging Kodak with infringement of two patents on image processing and power management. On May 12, ITC Judge Robert Rogers shot down Apple's attack, ruling that the patents were not infringed and that one of them was invalid. The full Court had been scheduled to review Rogers' decision later this year, but that won't be happening, now that the ITC has decided to close the investigation (see the PDF, below). Kodak was understandably pleased with the result, though its focus will now turn to August 30th, when an administrative law judge is expected to weigh in on the company's patent offensive against both RIM and Apple.
Kodak and Apple win early victories at International Trade Commission, big bucks hang in the balance
Looks like the US International Trade Commission's had a busy week in tech, as Bloomberg reports the organization has ruled on two longstanding patent wars involving Apple, Nokia, RIM and Kodak. While neither is out of the woods quite yet, two companies have reason to be pleased: Apple and Kodak. ITC Judge E. James Gildea ruled that five Nokia patents don't apply to Apple products, making a ban on iDevice importation unlikely in the United States, and the commission has also agreed to reconsider Kodak's case against Apple and RIM (regarding camera image previews) with its full six members present. Since nobody likes having their products seized at customs, even such preliminary verdicts can lead to large cash sums being paid out, and Kodak thinks it's found a whopper here -- Bloomberg reports that Kodak received a total of $964 million in licensing fees from Samsung and LG, and the company thinks it can suck $1 billion out of its latest pair of defendants. We'll let you know how it goes down.
iPad 2: are you buying one?
iOS 4.3 is getting itself a pretty snazzy launch vehicle in Apple's brand new iPad 2. The thinner, lighter, faster Apple tablet now comes in a choice of black or white, has cameras on front and back, and we understand its cake-cutting abilities are unrivaled. Now that you've had a good few hours to digest the news, consume the subsequent comparisons against the original iPad and the rest of the tech world's tablet offerings, we want to know what you think. Will the iPad 2 pry open your purse, is the oldie still a goodie, or will you wait for the bigger and better things coming down the road? Answers below, please! %Poll-61106%
Magnetic waves distort the brain's ability to make moral judgments, tell which way is north
Morality isn't a topic discussed 'round these parts too often, but you mix in the geniuses at MIT and a boatload of magnets, and well -- you've got us interested. According to research conducted by neuroscientists at the institution, people's views on morality can actually be swayed by interfering with activity in a specific brain region. Past studies found that the right temporo-parietal junction (TPJ) is extremely active when people think about the intentions, thoughts and beliefs of others, and in the new project, gurus disrupted activity in the right TPJ by "inducing a current in the brain using a magnetic field applied to the scalp." The result? The subjects' ability to make moral judgments requiring an understanding of someone else's intentions (a failed murder attempt, for example) was impaired. MIT's own Rebecca Saxe noted that the process introduced a certain level of "bias" more than an outright change of perception, but still, this definitely sounds like an awesome way to get just about anything you ever wanted. Within reason, of course.
The pros and cons of free to play Dungeons and Dragons Online
Dungeons and Dragons Online going free to play is undoubtedly an awesome announcement. But exactly how awesome of an announcement is it?Yesterday we were all over the announcement, covering the basics of what can be expected with this changeover from subscription based to free to play. But now, I'd like to break that down even further, and really look at the changes in an in-depth manner.Certainly not everything about the new version of DDO has been defined by Turbine, but we're going to take a look at the basics of what this new version offers and compare the ups and downs of what's being offered. By the time we're done looking over the new system, you'll be able to answer that one burning question that's plaguing your mind.Is free to play DDO worth it for you?
The pros and cons of free to play Dungeons and Dragons Online pt. 2
The cons of the whole switchover Item malls that offer players the ability to purchase items or item upgrades degrade the gaming experience. We've been over this before -- letting Mr. Moneybags deck out his character at level 1 so he's 10x more awesome than everybody else is a major downer to people who don't have the money. While I've pored over the text that Turbine is released, it doesn't appear that they will be offering items like weaponry or armor. They will be offering "items of convenience" to the players. My best guess is things like potions, perhaps portals, resurrection scrolls, things such as these. Even though these are low powered items, they can still annoy you when Moneybags can teleport all over the place and you're left walking and taking the slow route. This con is, however, offset by the fact that points can be earned by actually playing the game. It sounds like they are attempting to make the cash shop available for everyone, not just the Moneybags of the world. This will be interesting to watch, as no other developer as truly tried this in the American market. "I could easily see some players offering up items in the auction house above the amount that a free player's wallet could hold." The big con to this is the limited play that free players get. Limited auctions and limited mail are two nasty inconveniences in their own right, but limited gold storage and limited chat seem to be the features that take the cake. How would you like it if you couldn't chat in all of the chat channels, or were restricted to how much you can say in game? Even worse, limited gold storage may mean that you might not be able to purchase the best items from the auction house simply because your wallet just doesn't hold enough. I could easily see some players offering up items in the auction house above the amount that a free player's wallet could hold. This is going to inconvenience the player further because it's going to restrict how the player can interact with the auction house and interact with the vendors in the world. Another two bites out of the pro pile are the fact that free players rank lower than DDO VIP subscription players in the login queue and free players don't get access to customer support. This means that a constant influx of DDO VIP players could easily keep bumping free players back in the login queue, should the server become overpopulated. While I don't exactly see this happening, it could become problem should the lines really get backed up. I know I wouldn't like to see that my place in line as number 27 get jacked backward to 30 or 35 just because a few subscribers chose to log in. Lastly is the fact that free players are stuck with the online knowledge base and the forums as their source of aid should they encounter problems. I can foresee some free players attempting to play the game, getting stuck on some odd technical problem, and then becoming unable to solve it simply because the knowledge base doesn't have their problem on file. You're going to inevitably lose some people over this, just because they don't want to deal with the frustration of attempting to make a free game work. It's a free game, so if it doesn't work, just move onto the next game. The bottom line? The final thoughts for all of this is you should weigh it for yourself. If you want to save some cash and you like Dungeons and Dragons, then this might just be the experience for you. If you're looking for a second quality MMO to have as a side-game, then this might also be what you want to pick up. If you're someone who's easily frustrated by limitations, however, then you might not enjoy this experience. Some of the stuff, like decreased auctions, gold storage, and chatting capabilities might hamper gameplay just enough to turn off some people. But, don't take my word for it. Judge the game for yourself when it hits free to play status later this summer. Turbine has just announced that Dungeons and Dragons Online will be moving to a free-to-play business model, and we have the inside scoop. Be sure to read our complete coverage of the changeover, and look for more info as DDO Unlimited approaches launch.
BRK taking a break from World of Warcraft
Our good friend and colleague Daniel "BigRedKitty" Howell has announced on his blog that he is taking a break from World of Warcraft. He's taking time off of the game and his blog to, as he says, "rededicate myself to my family." He thanks readers for their attention and kind words, and hopes that everyone will understand his decision, as well as examine their own lives to make sure that they focus on what's most important to them.We of course wish him well -- BRK was an excellent contributor to our site and podcast, and we commend him on making the decision to do what's right for him and his family. We hope that everything turns out OK. And as many of his commenters have said, we wish him the best of luck in everything, WoW-related and otherwise.Phaelia of Resto4Life, you'll remember, also closed her blog down recently, also choosing to focus on her family (and the sapling about to grow into it). Trying to figure out a good balance between your free time and your work and family life is a tough thing -- our Azeroth Interrupted column has covered exactly that battle. And as even Blizzard says, if any other part of your life is suffering because you're choosing to play this game or be a part of this community, it's time to make a break. Raiding the wilds of Azeroth is a lot of fun, and it's possible to do it while leading a healthy life. But if that balance ever gets thrown off, it's time to take a step back and do what's right for you and those closest to you.
WoW Moviewatch: Ninja Looter
Ninja Looter has actually been floating around "out there" since the beginning of the month. It's one of the music video kind-of-parodies from Gigi, Abandonation, and Decision. Zharkan16 is the animator for this one. It's pretty true-to-form for the "Blood Elf Rap Music Video" genre. (Is that a genre? What should I call this kind of thing? I'm not sure "WoW Rap" video really gets the point across. But since this crew of performers seem to be advancing this genre pretty vigorously, I need to be able to call it something.) A few things about "Ninja Looter" struck me. First, as far as I can tell, there's nothing in the lyrics or video vaguely related to Ninja Looting. That's okay, though. I'm "down" with the art of unrelated names. I can be hip like that. Second, there's a few lyrics about how Holy Paladins have it pretty easy in raids and PvP. I'm not sure if that's the point Decision was really trying to get across, but I think the Colosseum commenters would agree that Holy Paladins have it pretty good right now.What really stood out to me as I researched "Ninja Looter," however, is that the trio of performers are definitely building a fan base. This song already has nearly 500 ratings on YouTube, the majority of which are very, very positive. The comment threads are stringing out toward infinity, with the same flavor discussion you might see from mainstream bands' commenters. So, whether or not you're a fan of Gigi, Abandonation, and Decision, they certainly seem to be creating a very solid following. If they continue to be consistently prolific and communicative, they could have a very real effect on the WoW community over the next several months.If you have any suggestions for WoW Moviewatch, you can mail them to us at machinima AT wowinsider DOT com.Previously on Moviewatch ..
WoW Moviewatch: Guildy Conscience
The language in this video isn't entirely safe for work. They curse a bit.You probably remember last month when Nyhm teamed up with a trio of creative types as a final farewell to WoW videos. Their video, Pwnage Like Us, showcased three talents who I wouldn't exactly call new to the scene, but who are probably still relatively fresh to casual machinima viewers. Well, Gigi, Decision, Quixotica, and Abandonation are already back with a new music parody piece -- Guildy Conscience.This music video is a take-off from Eminem and Dr. Dre's "Guilty Conscience." I admit, I'm not incredibly familiar with the original song, and I prefer it that way. It lets me enjoy the work on its own, though I will say that vocal styles are definitely spawned from Eminem's distinctive sound. The song is a quick series of three parables about decisions everyone faces in World of Warcraft. Well, maybe not everyone, but they're common themes on Mr. Schramm's Guildwatch. First, an undead rogue encounters a gnome and has to decide whether to gank him. Second, a troll's got to resist the temptation to ninja gear from Malygos. And, lastly, a tauren wrestles with complexities of buying gold.It's meant as comedy, but I actually greatly enjoy their commentary about these ethical issues in WoW. That being said, I'm really wearing out on the "I'm a bad ass Belf!" gig, and hope that Abandonation and Gigi explore other personality facets. Quixotica's work on the video is remarkable, and I really do believe these three could create some astounding work in the coming months.If you have any suggestions for WoW Moviewatch, you can mail them to us at machinima AT wowinsider DOT com.Previously on Moviewatch ..
The Glider outcome and copyright law
Well, as you may have heard, Blizzard has all but finished off Glider -- pending one more appeal (which doesn't seem likely to win), Glider is getting shut down for good next week. Good news for Blizzard, but not so good for copyfighters? Blizzard used a controversial argument for copyright in its case -- they claimed that by circumventing the ToS, the Glider folks were actually breaking copyright law, and an interest group called Public Knowledge didn't take kindly to that. They argued that a decision for Blizzard would mean that any software developer could then prevent any customer from doing anything they didn't want to do, just by calling it a copyright infrigement. Blizzard responded that "buying" your WoW software was actually "licensing" it, but of course that didn't settle anyone down.And now, Glider has lost -- so what next?
HDTV brushes economic woes off its shoulder in latest survey
Some things in life may be substitutable -- fine dinners can be sufficiently replaced with Top Ramen, high-end kicks can be swapped out for homegrown sandals, and that luxury whip can be exchanged for a jalopy. Apparently, one thing that simply can't be done without even in "tough economic times" is HDTV. Based on a recent survey from PriceGrabber (which, admittedly, shouldn't be taken very seriously), 73% of non-HDTV owners that responded said that they were forging ahead with plans to snag an HDTV within the next 12 months. Granted, such a figure really isn't all that shocking -- after all, the looming digital transition is the perfect excuse to splurge, and prices are apt to be at an all time low this Black Friday. Trust us folks, 720p+ is worth the sacrifice.[Image courtesy of StarTribune]
Ask Engadget: What's the best entry-level DSLR?
Don't worry, we'll get to you mid- and high-enders soon enough, but we've got a feeling this week's Ask Engadget question will appeal to the masses. Granted, we've shot this inquiry out before, but a lot has happened in the DSLR realm in 3.5 long years, wouldn't you agree? "Summer's coming up, and that means vacation time. I want to get an entry-level DSLR in order to best capture some of my upcoming adventures, and while I'd like to keep the cost low, I'm not against spending a bit of cash to get a really solid setup. What camera (and maybe even what lens) would your readers recommend for a newcomer?" Go easy on the guy -- he even admitted that he's fresh to the game -- but don't hold back on explaining your answers in order to really give a good idea of why one camera is a better pick versus another. Right after that, send in a question of your own to ask at engadget dawt com -- but make it good, alright?
Ask Engadget HD: HD projector or HDTV?
Though this may not be The Great Debate or anything, it's still a point of contention between quite a few home theater enthusiasts. Here's your shot at chiming in:"I'm about to move into my new apartment and I've got big plans for the entertainment system. However, I don't know whether to go with a HD projector or a HDTV (LCD, plasma, DLP, it doesn't matter). I only need 720p because quite frankly, I can't tell the difference between 720p and 1080p; plus 720p is cheaper! I realize that both have their pros and cons (size, mobility, inputs, cost, etc.), but I just can't determine which would be better. I'd love some actual recommendations from both sides to consider."Time to get your arguments in order, folks. Should this guy go beamer or flat-panel? Let us know which (and why) in comments below.Got a burning question that you'd love to toss out for Engadget HD (or its readers) to take a look at? Tired of Google's blank stares when you ask for real-world experiences? Hit us up at ask at engadgethd dawt com and keep an eye on this space -- your inquiry could be next.
Poll: Have you purchased a Blu-ray player post-fallout?
Yeah, you heard us. We're bored with looking at all these "other surveys," it's time to have our own. We've seen that sales of Blu-ray players have been relatively disappointing thus far in 2008, even after the format war was over. We've heard that heightened prices, occasional shortages and Profile confusion were the causes. But we're interested to see if you -- the most diehard of them all -- have paid attention to any of that. Are movie / HD lovers still buying now that there's one true winner? And if so, are you snapping up the safe bet (read: PlayStation 3), waiting for a Profile 2.0 deck or grabbing up another standalone unit in order to not miss a minute of that 1080p glory? Let us have it below. %Poll-13668%
Ask Engadget: What's the best digital camera for a child?
Kids these days. Gifted with cellphones before they're able to walk, texting before they can write and wrecking mum's DSLR before they can even earn an allowance. In order to nix that last issue, many parents are looking to snag a point-and-shoot that wouldn't be too overwhelming for the average kiddo, yet could stand the abuse and churn out somewhat respectable images. According to Sean: "I have tried a couple of child-specific digital cameras on the market and have been unhappy with them. They are poorly made and take really crummy pictures. Does anyone have a recommendation for something that takes decent pictures (over 3-megapixels, please) and that you'd be comfortable turning over to a 10 year old?"We'll go ahead and assume Mr. Sean wants to keep the price point low, and while finding a kiddie camera with decent quality may be tough, feel free to include suggestions in comments for digicams you've had that have survived unspeakable catastrophes. Want to get your inquiry up in here next week? Shoot us a line at ask at engadget dawt com and we'll see what we can do.
