FCC asks Apple, AT&T, Google about App Store's rejection of Google Voice

Credit: Alexander F. Yuan / Associated Press

The Federal Communications Commission today sent letters to Apple Inc., Google Inc. and AT&T Inc. seeking further information about Apple's refusal this week to allow the Google Voice app -- which enables users to re-route their phone calls through Google -- to be sold through the company's App Store. 

The letters, which asked that the three companies each answer a series of detailed questions about their part in the situation, were sent by James D. Schlichting, the acting chief of the FCC's Wireless Telecommunications Bureau, and suggested that the agency was attempting to determine whether the rejection of Google Voice was a fair move on the iPhone maker's part, and whether AT&T had anything to do with it.

Among the questions to Apple: "Did Apple act alone, or in consultation with AT&T, in deciding to reject the Google Voice application and related applications?"

And to AT&T: "Are there any terms in AT&T’s customer agreements that limit customer usage of certain third-party applications?"

The letters invoked two pending FCC proceedings, one relating to exclusive relationships between handsets manufactures and wireless carriers -- as AT&T and Apple have -- and another regarding consumer ability to freely access a variety of services with their cellphones.

An Apple spokesman declined to comment. Inquires to AT&T were not immediately answered. But a Google spokeswoman said the company would respond to the FCC's questions and supply requested information.

-- David Sarno

Follow my variable-rate stream of tech and culture-related musings at @dsarno

Highlights from the '1984' lawsuit against Amazon

"Kindling."  Credit: oskay / Flickr

Justin Gawronski and Antoine J. Bruguier are suing Amazon for having deleted their copies of George Orwell books from their Kindle readers, sans permission.  The potential class-action lawsuit claims harm inflicted on the parties for rendering their notes "useless" -- causing some commentators to call it the "Kindle ate my homework" case.

Here are a few highlighted quotes from the complaint, filed in the U.S. District Court in Seattle.

-- "[Plaintiffs] bring this class action complaint against defendants Amazon.com, Inc. and Amazon
Digital Services, Inc., ... for their wrongful practice of remotely deleting digital content from their customers’ Amazon Kindle electronic book (“e-book”) reading devices and Kindle for iPhone applications."

-- "Amazon not only deleted the e-books,but also rendered useless any electronic notes and annotations that consumers had made within these e-books because the notes were no longer tied to the referenced or highlighted text. Amazon then refunded the purchase price to these consumers."

-- "Amazon never disclosed ... that it possessed the technological ability or right to remotely delete digital content purchased through the Kindle Store from Kindles or iPhones."

-- "As part of his studies of '1984,' Mr. Gawronski had made copious notes in the
book. After Amazon remotely deleted '1984,' those notes were rendered useless...

Firefox hits a billion

Firefox celebrates a landmark today. Credit: Mozilla.

The much-loved Firefox Web browser reached a milestone this morning -- its billionth download.

The download counter rolled over within the last hour. Quite a feat for a browser that unlike Microsoft's Internet Explorer or Apple's Safari is run by a nonprofit organization with fewer than 250 employees. Despite its lack of big corporation backing -- or maybe partially because of that lack -- Firefox has become hugely popular worldwide.

But it couldn't have gotten there on good feelings alone. The free browser that debuted in 2004 consistently gets high marks for speed, efficiency, adaptability and user-friendliness. 

Also, Firefox is built on open source software, which means that its programming code is accessible to  developers who want to make compatible, collaborative products, and even participate in the further development of the browser.

More than 1,000 volunteers have indeed contributed to Firefox's code and about 20,000 test daily updates.

-- David Colker

Will Google Wave be ready for prime time in two months?

Google Wave inbox.

Google presented a private demonstration of its much-anticipated collaboration tool, Google Wave, this morning. Even after watching all of the videos and talking to the developers, the first thing that struck us is how rough it is around the edges.

To be fair, Google calls it a developer preview, meaning it's not meant for the prying eyes of the average user or critical journalist. Yet, the Times got an invitation anyway.

First, the good news: Wave has a lot going for it. Its function for letting users watch as you type each letter is punchy, just like it was in the demo, and works surprisingly well. At first, it feels sort of strange exposing your own typing habits and witnessing others'. But it really speeds conversations along.

Brothers Lars and Jens Rasmussen, the engineers behind Wave (and Google Maps) who walked us through the demo over the phone, say you'll eventually be able to turn off live editing. But that function probably won't be ready for the September release, Lars said.

We fumbled through the software for an hour while the Google lead engineers figuratively held our hands, and afterward spent many hours adapting to its many nuances. While some of the aspects are ...

Nintendo profit plunges as gamers crave new titles

Wii Fit programs are so last year that customers are no longer flocking to them. Credit: AP.

Remember when the Nintendo Wii game console was so incredibly popular that it was hard to find it in stores?

Now Nintendo is having trouble finding customers, and profit at the Japanese company is slipping more than a wee bit.

Nintendo, headquartered in Kyoto, reported today that profit for the quarter ending in June was down 61% compared to the same period a year ago. During that time, the company sold 2.23-million Wii units, compared with 5.17 million a year ago.

The slip was especially dramatic because during the 2008 holiday shopping season, new game titles such as Mario Kart Wii and Wii Fit were flying off the shelves. But they're old hat now in an industry that needs constant renewal.

Industry analyst Satoru Kikuchi told the Associated Press that gamers are "getting bored."

"Nintendo needs to keep their attention with new software, but that hasn't happened," he said.

Nintendo isn't alone in hitting a bad patch. Sony reported that sales of its PlayStation game machines dropped 37% in the quarter.

-- David Colker

Real money spent on virtual goods

Some players of online games such as Pet Society shell out real money for virtual items. Credit: Playfish.

About one in 10 Americans reached into their wallets last year and spent an average of $30 on virtual goods, those pixelated swords, outfits and other non-real items used in online games such as Habbo and Club Penguin, according to a report released this morning by Frank N. Magid Assoc.

Of the $1 billion projected spending worldwide on virtual goods this year, between $200 million and $250 million will come from the U.S., the report said. Strategy Analytics, another firm that also is bullish on this market, has projected that it could grow to $17.3 billion in 2015.

Why waste real money on intangible items? According to a researcher with the Helsinki Institute for Information Technology Vili Lehdonvirta, people buy intangible items to gain status, identity, membership, class and performance.

Of course, the Magid results are potentially skewed -- the 1,927 people who participated were polled online, meaning they were more likely than the general population to be comfortable with online transactions (such as taking surveys or buying that fabulous chain mail to go on their level 80 troll).

-- Alex Pham

Follow my random thoughts on games, gear and technology on Twitter @AlexPham.

Internet wants to be free at Barnes & Noble

Visitors at a Barnes & Noble store in New York. Credit: Mark Lennihan / Associated Press.

You can no longer pay for Wi-Fi access at Barnes & Noble bookstores.

Now, it's free.

On Monday, the bookseller with 777 stores across the country quietly switched to a no-cost, unlimited Wi-Fi service for customers. Previously, the chain charged about $4 for two hours of access.

All it takes to get online is to enter one of the stores and pop open your laptop. Of course, the company hopes you'll buy a book or magazine while you're there, but it's not required. 

The B&N Internet service comes from AT&T, which also works with another nationwide chain -- Starbucks.

The coffee shop giant offers free Wi-Fi, but with strings attached. To get it, you must have a Starbucks card that can be used to make purchases at the shops. And that card has to have been used within 30 days.

Meet those requirements and you get Wi-Fi at Starbucks, for a maximum of two hours. After that, it costs.  

-- David Colker

Microsoft and Apple to battle it out in same Mission Viejo mall

Early design sketch of Microsoft store. Credit: Gizmodo.

It will soon be war at The Shops at Mission Viejo mall in southern Orange County.

That's where one of the two first Microsoft stores will be opening, according to a report by CNET News that was later confirmed by the software giant.The stores will be selling laptops, Xbox game consoles, games and the Zune music player, among other items.

The Mission Viejo mall already has a Nordstrom, Pottery Barn, Fragrance Hut and a little store called Apple.

Yes, the biggest rivalry in the electronics world will soon be under the same roof. But it's not sure when this will happen -- Microsoft will not say when its planned chain of stores will open. The other store that CNET said Microsoft would be opening will be in Scottsdale, Ariz.

Microsoft also has not disclosed what the stores will look like;however the company did acknowledge that sketches recently leaked to the Gizmodo site were real. The final look, however, has not been finalized, the Redmond, Wash.-based company said.

Let's just hope that Microsoft's Mission Viejo store is far from Apple's. Otherwise, it could be iPods and Zunes at 50 paces. 

-- David Colker

Twitter's sleek new homepage puts a focus on search

Twitter went live with a new homepage this evening that puts its search feature at center stage.  Twitter.com visitors who are not logged in will see the search bar at the top of the screen, ensconced in an eye-pleasing new design and color scheme. The new look shows how the company and its product have matured beyond the cartoonish "What are you doing?" days.

Among Twitter's goals is to make the site more accessible to newcomers -- a major part of which is quickly showing people just what the heck Twitter is. Giving new users the option to conduct a search makes sense; it's a way for users to learn by doing.

Also on display on the new page is Twitter's questionable habit of overstating its own importance. The old homepage told users that Twitter was a way for friends and family to stay connected by answering "one simple question: What are you doing?" That tone of humility has been shed: By searching Twitter, you are now "sharing and discovering what's happening right now, anywhere in the world."

In an ideal world, that would be true, but the few million people that use Twitter regularly represent a tiny fraction of the planet, geographically and demographically. 

Still, you can't blame a kid for dreaming, and it's true that micro-messaging has already opened a window on the online world whose size and immediacy would've been difficult to imagine even a couple of years ago. Given a few more years, some of that swagger may end up justifying itself.

"The open and timely exchange of information will have a positive impact on the world," co-founder Biz Stone said in a blog post announcing the new homepage, "and Twitter has a role to play."

-- David Sarno

Follow my variable-rate stream of tech and culture-related musings at @dsarno

THQ posts profit on strength of UFC 2009 Undisputed game sales

Video game publisher THQ Inc. fought its way to a quarterly profit, bolstered by sales of its martial arts game UFC 2009 Undisputed.

But the Agoura Hills company took an 7.3% hit in after-hours trading after the company’s second-quarter sales forecast disappointed Wall Street analysts.

THQ posted a first-quarter profit of $6.4 million, or 9 cents a share. This is up from last year’s first-quarter loss of $27.2 million, or 41 cents. Net sales jumped 77% to $243.5 million from $137.6 million.

“We reported the highest June-quarter net sales and net income in our history, driven primarily by the success of our hit title UFC 2009 Undisputed," said Brian Farrell, THQ president and chief executive, in a statement.

This is good news for a company that has been struggling for the last year, hemorrhaging cash as its games failed to connect with owners of video game consoles such as Nintendo Co.’s Wii and DS, Microsoft Corp.’s Xbox 360 and Sony Corp.’s PlayStation 3.

-- W.J. Hennigan