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Judge puts Apple vs. Motorola hearing back on deck, asks the two to put up or shut up
Well, we did ask you to "tune in next week." Just seven days after he tentatively dismissed one of Apple's patent lawsuits against Motorola, Judge Richard Posner has given both sides a chance to prove their cases are worthwhile in a hearing on June 20th. As both sides are claiming damages, Posner wants them to explain if and how they're entitled to a payout should they win, including the possibility of a modest royalty instead of lump sums. Motorola is getting extra scrutiny since it's using standards-based patents that have drawn flak from lawmakers -- it will likely have to say how it thinks FRAND (fair, reasonable and non-discriminatory) licensing requirements for its 3G patent fit into its claims. The judge clearly warns that progress is contingent on Apple and Motorola meeting legal standards; if they fall short, it's not likely they'll get a third chance. Any success will revive the possibility of preliminary product bans, though, and that's something that most won't find something to cheer about.
Accelerometer mic could change the way we look at cochlear implants
Hearing aids aren't the most discreet cybernetic creations, because the need for a clog-free microphone means that they generally need an external component. Engineers at the University of Utah and Case Western Reserve University in Cleveland aim to change everything with a much smaller mic that uses an accelerometer to detect sound vibrations -- so it requires no opening and can be inserted right into the ear. The only exterior hardware is the charger -- worn exclusively at night. Clinical trials in living humans begin approximately three years from now, and if you're looking forward to using this new device, removal of the incus (or anvil bone) in the middle-ear must first take place to optimize effectiveness of the new implant. We never said it'd be pretty.
Judge to reconsider DoJ's AT&T antitrust suit
Late last month AT&T withdrew its application with the FCC to acquire T-Mobile, in an attempt, it said, to focus on winning approval from the Department of Justice, first. Now a district court judge is considering dismissing the US' antitrust suit against ole Ma Bell. According to Bloomberg, the DoJ is looking to either "withdraw without prejudice" or "stay" the suit, as a result of AT&T pulling its application from the FCC. Judge Ellen Segal Huvelle scheduled a hearing for December 15th to decide whether the deal is still possible in the proposed timeframe and the suit still worth pursuing. She had this to say: We don't have any confidence that we are spending all this time and effort and the taxpayers money and that we're not being spun. The landscape has changed. AT&T's lawyers remained steadfast, however, demanding the company's "day in court," and reiterating that approval from the DoJ would improve its chances of getting the thumbs-up from the FCC. For more sordid details on this legal ping-pong match, hit the source link below.
Federal domain seizure raises new concerns over online censorship
It's been a little more than a year since the US government began seizing domains of music blogs, torrent meta-trackers and sports streaming sites. The copyright infringement investigation, led by US Immigrations and Customs Enforcement (ICE) authorities, quickly raised eyebrows among many free speech and civil rights advocates, fueling a handful of legal challenges. Few are more compelling, or frightening than a case involving Dajaz1.com. As TechDirt reports, the popular hip-hop blog has been at the epicenter of a sinuous and seemingly dystopian dispute with the feds -- one that underscores the heightening controversy surrounding federal web regulation, and blurs the constitutional divide between free speech and intellectual property protection. Dajaz1 was initially seized under the 2008 Pro IP Act, on the strength of an affidavit that cited several published songs as evidence of copyright infringement. As it turns out, ,any of these songs were actually provided by their copyright holders themselves, but that didn't stop the government from seizing the URL anyway, and plastering a warning all over its homepage. Typically, this kind of action would be the first phase of a two-step process. Once a property is seized, US law dictates that the government has 60 days to notify its owner, who can then choose to file a request for its return. If the suspect chooses to file this request within a 35-day window, the feds must then undertake a so-called forfeiture process within 90 days. Failure to do so would require the government to return the property to its rightful owner. But that's not exactly how things played out in the case of Dajaz1. For more details on the saga, head past the break.
Trouble hearing? Advanced Bionics' waterproof implant is paddling your way
If you're one of the 200,000 deaf people who've received cochlear implants, then here's an upgrade worth considering: the Neptune from Advanced Bionics claims to be "the world's first and only swimmable, waterproof sound processor," and it's just received certification for the US and Canada. Read on for more details in the full press release and soon you could be bantering while you bathe.
Google, Facebook, Twitter and others speak out against the Stop Online Piracy Act
Earlier today, the House Judiciary Committee held a hearing on the proposed Stop Online Piracy Act (or SOPA) which, depending on who you ask, is either a means to stop piracy and copyright infringement on so-called "rogue" websites, or the most serious threat of internet censorship that we've seen in some time. In the latter camp are some of the biggest internet companies around, including Google, Facebook, Twitter, Yahoo, eBay, LinkedIn, Mozilla, Zynga and AOL (full disclosure: Engadget's parent company), who today made their stance clear by taking out a full-page ad in The New York Times. The ad itself is a letter sent by the nine companies to Congress, which states that while they support the stated goals of the bill and the related Protect IP Act, they believe that, as written, the bills "would expose law-abiding U.S. Internet and technology companies to new uncertain liabilities, private rights of action, and technology mandates that would require monitoring of web sites." The companies further went on to say that they believe the measures also "pose a serious risk to our industry's continued track record of innovation and job-creation, as well as to our Nation's cybersecurity." While they didn't all sign onto the letter, those companies also also joined by a host of others who have spoken out against the legislation, including Foursquare and Tumblr. The sole witness against the proposed measures at today's hearing, however, was Google's copyright policy counsel, Katherine Oyama -- you can find her testimony on Google's Public Policy Blog linked below.
LightSquared faces Congressional hearing over proposed 4G network, submits revised plan
The LightSquared Express rolled in to Washington yesterday, where the House Committee on Science, Space and Technology held a hearing on the company's proposed 4G LTE network and its potential impact on GPS systems. According to some, the ramifications could be disastrous. David Applegate, associate director of natural hazards at the US Geological Survey, told legislators that interference with GPS mechanisms would make it more difficult for authorities to predict floods, landslides and volcanic eruptions, with a representative from the National Oceanic and Atmospheric Administration adding that LightSquared's ground-based mobile network would pose challenges to weather forecasters, as well. The Department of Transportation also chimed in, telling the committee that the network would likely have an effect on systems used to prevent train collisions and, like other administration witnesses, called for further testing. LightSquared Executive Vice President Jeffrey Carlisle, meanwhile, defended his company's proposal, pointing to an amended version submitted to the FCC on Wednesday. In the revised document, LightSquared offered to reduce the network's power levels further, while providing a stable signal for GPS augmentation services to use at higher frequencies. "This is not a zero-sum game," Carlisle said, adding that only 500,000 to 750,000 high-end GPS services would be affected by LightSquared's low-frequency alternative (which, the company claims, will cost an additional $100 million to implement). Any interference issues, he continued, stem from pre-existing receiver problems that the GPS industry should've addressed by now. Most of the lawmakers sitting on the panel acknowledged the need to establish broader wireless coverage, but stressed the importance of doing so without jeopardizing critical transit and emergency response systems, with some calling for additional testing. Carlisle countered that previous tests have provided sufficient feedback, but ultimate approval lies in the hands of the FCC, which has not yet offered a timetable for its decision. Hit up the source link to read LightSquared's revised proposal, in its entirety.
Samsung delays Galaxy Tab 10.1 launch in Australia amid patent battle with Apple
Just a few days after suffering a legal setback in Dutch court, Samsung has now decided to delay the launch of its Galaxy Tab 10.1 in Australia, amid its heightening patent infringement battle with Apple. In a hearing today, the Korean manufacturer announced that it would refrain from selling or marketing its new tablet within Australia, before September 30th. Samsung made a similar concession earlier this month, agreeing to halt sales of its slates until today's hearing and to provide Apple with product samples at least seven days prior to its Australian launch. The company says it presented the samples on Thursday, but Cupertino's lawyers insisted that the Australian version of the Galaxy Tab 10.1 still infringes upon its patents. Samsung, meanwhile, said in a statement that it's preparing to launch a counter-attack down under, telling reporters that it "intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads." The next formal court hearings are scheduled for September 26th and 29th. Stay tuned.[Thanks, Geoff]
NHK's automated, animated sign language translator adds gestures to subtitles (video)
We've seen quite a few devices designed to help hearing impaired users communicate via phone or computer, but Japan's NHK Science & Technology Research Laboratories has just announced a new animated translation system to help get important news to deaf viewers . While televised subtitles may work for those who understand the language, people who were born deaf and learned sign language from an early age can have significantly more difficulty. NHK's system, unveiled at Technology Open House 2011, bypasses this problem by automatically comparing Japanese text to sign language, converting equivalent words into animated onscreen gestures, and replacing differing words with appropriate synonyms. There are, however, a few kinks to work out. While comprehensible, the translations aren't exactly fluent and researchers have been forced to manually adjust some awkward transitions between words. The ultimate goal is to create a system that could be used during emergencies or natural disasters, allowing deaf citizens to receive urgent broadcasts as instantly as their hearing compatriots. You can see it in action, after the break.
Senate committee hearing on mobile privacy now underway, watch live
You might want to put on a pot of coffee for this one, but the Senate Judiciary Subcommittee hearing on mobile privacy and locating tracking is now underway, and you can watch it live at your choice of the links below. The hearing is broadly titled "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy" and, as the early going has already shown, it will be covering issues far beyond the recent privacy issues surrounding Apple and Google, although representatives from both companies will be on hand to answer the Senators' questions. Update: You can read Google's full testimony to the committee on its Public Policy Blog. Its main argument is that location-based services provide "tremendous value to consumers," but that they can't work without the trust of users, which is why it has made location sharing on Android devices "strictly opt-in." You can also read Apple's testimony here (PDF). In it, the company's Vice President of Software Technology, Bud Tribble, flatly reasserts that "Apple does not track users' locations -- Apple has never done so and has no plans to ever do so." He also insists that the location data Apple has collected is actually the location of cellphone towers and WiFi hotspots, not the users' location, and that it is being used for a crowd-sourced database as it has previously stated. As an independent expert also testifying pointed out, however, that data could still be used to pin down a location or trace a person's movements to as close as a few hundred feet or so -- assuming they aren't in a rural area with few WiFi hotspots and cellphone towers.
Acoustic Poetry concept turns ambient noise into verse
Modern society invests a lot of time and money attempting to drown out our surroundings, but the inability to hear ambient noise can rob one of a sense of place, which can be a very real concern amongst the deaf community. The Acoustic Poetry concept device from British designer Michail Vanis won't miraculously cure the deaf, but it does promise to keep them a bit more in touch. The wooden box is used to capture sound and transmit it to an interpreter, who listens and translates it into text, coming out like something of a free form haiku. It's a communication relay not entirely unlike ones we've seen from a number of other companies, and one that doesn't really necessitate its own stand-alone device. Still, it's nice to see text messaging that can actually keep people more in-touch with their surroundings, for a change -- we still don't recommend using it while driving, however. Video after the break. [Thanks, Ro]
Apple, Google to testify at Congressional hearing on location tracking
Senator Al Franken released a statement today thanking Apple and Google for agreeing to attend a hearing on mobile technology and privacy. According to Franken, the goal of the hearing is to "serve as a first step in investigating if federal law protecting consumer privacy-particularly when it relates to mobile devices like smartphones and tablets-is keeping pace with advances in technology." The hearing is set for May 10 in Washington, D.C. and has the catchy title "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy." We'll keep you posted on the result of that hearing and we'll reach out to Sen. Franken for comment after they conclude. Full press release below. Show full PR text Sen. Franken Thanks Google, Apple for Agreeing to Appear at Hearing on Mobile Technology & Privacy Thursday, April 28, 2011 Today, U.S. Sen. Al Franken (D-Minn.), Chairman of the Judiciary Subcommittee on Privacy, Technology and the Law, thanked Apple and Google for agreeing to send representatives to testify at the May 10th hearing on mobile technology and privacy. They will be joining officials from the Department of Justice and the Federal Trade Commission; Ashkan Soltani, independent privacy researcher and consultant; and Justin Brookman, Director of the Center for Democracy and Technology's Project on Consumer Privacy. "I'm pleased that Apple and Google have confirmed that they'll be sending representatives to testify at my upcoming hearing on mobile technology and privacy," said Sen. Franken. "This hearing will serve as a first step in investigating if federal law protecting consumer privacy-particularly when it relates to mobile devices like smartphones and tablets-is keeping pace with advances in technology. Each of the witnesses at the hearing will play a critical role in helping us better understand this complex issue and I look forward to hearing from them." Sen. Franken's hearing, called "Protecting Mobile Privacy: Your Smartphones, Tablets, Cell Phones and Your Privacy," is scheduled for Tuesday, May 10th at 10:00 a.m. in 226 Dirksen Senate Office Building. Protecting Minnesotans' and Americans' consumer rights and privacy has been a priority for Sen. Franken since he came to the Senate. Last week, he sent a letter to Apple CEO Steve Jobs asking him to address privacy concerns about the company's iOS 4 operating system, which security researchers have said secretly stores detailed information about users' locations on their iPhones, iPads, and any computers to which the devices are synched, generally in an unencrypted format. Since then, Apple, Inc. has announced that it will update its iOS 4 operating system to address several of the issues raised in Sen. Franken's letter. Last year, Sen. Franken pressed Attorney General Holder to incorporate an analysis of geotags-information about a person's location that is embedded in photos and videos taken with GPS-equipped smartphones-into an updated stalking victimization study connected to the National Crime Victimization Survey. This March, Sen. Franken also led several of his Senate colleagues in urging Facebook to stop plans that would have permitted third party application providers to access users' home addresses and phone numbers. Earlier this month, he asked the U.S. Department of Justice to clarify its interpretation of a critical federal law that protects personal data after a security breach at Epsilon Data Management and allegations that several popular smartphone applications were gathering and disclosing users' private information without their knowledge or consent.
Lasers let deaf ears pick up what the sonic world is putting down
Not going to front: we've a soft spot in our heart for focused beams of light. We've seen 'em rid the world of its space junk and set the pace of human hearts, and now, they're taking a leading role in aural advancement. As improbable as it sounds, a research team from the University of Utah led by Richard Rabbitt has found that lasers may be able to give deaf people the ability to hear. Using a low-power infrared diode -- similar to those in laser-pointers tormenting cats the world over -- Professor Rabbitt found that exposing oyster toadfish hair cells (analogous to the cells found in humans' inner ears) to infrared light caused them to release neurotransmitters and activate adjacent neurons. This could lead to laser-based ear implants able to stimulate focused areas of cells with thousands of sound wavelengths, as opposed to today's electrode implants whose electrical current spreads through human tissue and limits the deliverable sonic range. Smaller, more efficient power supplies and light sources are needed before optical hearing aids become a reality, but if these newfangled lasers ever get their act together, we should be able to hear version two (and three) coming down the pike.
Siemens pumps streaming audio to hearing aids with miniTek remote
See that tiny black box? It's a streaming audio hub, designed specifically for the hard of hearing who have Siemens earphones buried in their lobes. Connect special Tek transmitters to traditional TVs and stereos, or hook it up directly to a phone, audio player or PC over Bluetooth or 3.5mm jack, and the matchbox-sized, two-ounce remote will wirelessly stream stereo audio from two devices for up to five hours a time. (It's also apparently got an integrated coil for induction loop audio.) Just don't expect it to come cheap -- it's a medical product, you know. [Thanks, Klaus]
New study questions extent of iPod-induced hearing loss
Have you heard? Apparently iPods cause hearing loss. A Journal of the American Medical Association study published in August found that 14.9 percent of teenagers aged 12-19 suffered from hearing loss from 1988-94; 19.5 percent of the same age group had hearing loss from 2005-06. Throw in another statistic, a 100 percent increase in the number of iPods in existence from 2005-06 as compared to 1988-94, and it's clear what's behind this statistically significant rise in teen hearing loss. Or maybe it's not so clear, after regarding a meta-study from the University of Minnesota. Researchers there found that 15 percent of the university's marching band members suffered from hearing loss, but after tracking them for a year and averaging out multiple test results, researchers found that more than half of the noise-induced hearing loss disappeared. Those same researchers said that false positive results can account for around 10 percent of the 14.9 percent hearing loss discovered in the 1988-94 JAMA study. Listening to anything at a high volume for a long enough period of time will induce hearing loss. That goes for your car stereo, speakers blaring at a concert, and yes, iPods. Are more people listening to music via headphones now versus 1988-94? Probably. Is a portion of that increase due to the iPod's popularity? Almost definitely. Does that automatically mean there's an epidemic of iPod-induced teen deafness? It certainly sounds like a plausible theory, but with one study already questioning the JAMA results, the question is far from settled. I will say that I'm occasionally astonished at the volume of music bleeding from people's white earbuds as they pass by. I can't listen to music on my iPhone at more than about 60 percent of maximum before it starts to hurt my ears, so I can't imagine what kind of damage these people are doing to their hearing. There's really no excuse for it, either. If you've got a child with an iPod, setting a volume limit on it is trivial. And if you're just trying to drive away the noise of the outside world, a decent set of canalphones is a whole lot cheaper and more convenient in the long run than a hearing aid. [via Cult of Mac]
ReSound's Bluetooth-infused Alera hearing aid: finally, you can toss that Loud N' Clear
It ain't the first hearing aid to sport Bluetooth, but it's probably the first one to make you think seriously about tossing that Loud N' Clear you purchased in a haze at 3:30AM last year. Operating on the 2.4GHz frequency, the ReSound Alera (and the accompanying Unite wireless accessories) actually allow those who are hard of hearing to pipe in audio from TVs, stereos, cellphones and PCs without any funky cables or fancy setup procedures. Better still, there's no blockage of environmental noise, so folks can continue yelling speaking to their grandkids while Judge Judy tears someone's soul apart in their left ear canal. There's nary a mention of price (we're guessing that doesn't bode well for bargain shoppers), but there's certainly a demonstration vid hosted up after the break. Just make sure to jack the volume to 11, cool?
VNS implant might fix the ringing in your ears
Earlier this decade, doctors discovered that by shocking the vagus nerve -- one of twelve nerves connected directly to the brain -- they could attempt to treat chronic hiccups, epilepsy and severe depression. Now, a startup called Microtransponder believes such a device can help reduce tinnitus, too. Technology Review now reports the company's RFID-like, externally-powered implant could stimulate the vagus nerve while doctors play particular tones for those suffering ringing ears, slowly attuning the patients to frequencies other than the one that ails them. As with all new medical procedures, we don't expect to see this one on the market anytime soon, but the firm does claim it's just raised $10 million in funding and will pursue FDA clearance accordingly. Until then, you'll just have to try less invasive procedures, or simply restrain yourself from turning that volume dial to 11. Ch'yeah right!
TV Ears TV ears-on: it could save your marriage
You know how much we love gadgets, right? With gadgets like the TV Ears TV, our love is easily recognizable. We had a chance to go ears and eyes on with the rig at CES. Wearing the dangling headset wasn't like walking on a cloud, but the volume was easily adjustable using the chin strap. We didn't get a chance to try out the Jitter-Bug-esque remote, but we're guessing that using the dongle is a walk in the park. Although it might not be your cup of tea, if you get a senior discount at the movies this might just be for you. %Gallery-82522%
"Senior-Friendly" TV Ears TV turns itself off at naptime, has Jitterbug-style remote
Sure, you may scoff at a television designed especially for seniors, but we think members of the Greatest Generation deserve a little high definition in their golden years, and thankfully so does TV Ears. The company, which produces those wireless headsets you see advertised during The Price is Right, will soon be introducing the TV Ears TV, a 32-inch LCD with an integrated transmitter, meaning fewer confusing wires, doo-dads, whatsits, and thingamabobs. The set ships with a specially designed remote control (featuring a grand total of six buttons) and will turn itself off after four hours of inactivity, saving power when the user dozes off -- or falls and can't get up. The set will be available in March for $1,199 and, before you cry foul at the 300% markup over comparable youth-friendly sets, know that the price also includes delivery, installation, and a toll-free support number. Not having to be grandma's personal television tech support? That's the greatest gift of all.
Appeals court sides with Apple in iPod hearing loss dispute
Well, it looks like that iPod hearing loss lawsuit that's been nagging Apple for the past couple of years may finally be going away (in its current form, at least), as the Ninth Circuit Court of Appeals in San Francisco has now affirmed a 2008 district court ruling and rejected a class-action lawsuit that sought to hold Apple responsible for hearing loss allegedly caused by iPods. While that may be a possibility, the court said that the "plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use" -- further adding that, "at most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," which doesn't quite make the grade for a class-action suit. Not surprisingly, neither Apple nor the plaintiffs are making any comments on the verdict, and we're pretty sure that Apple would like to keep it that way.
